Free Order - District Court of California - California

Case 3:08-cv-00491-JAH-POR

Document 23

Filed 04/02/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MAIL BOXES ETC., INC., v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Civil No.08cv0491 JAH (POR) ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER; SETTING A HEARING ON DEFENDANTS' MOTION FOR TEMPORARY RESTRAINING ORDER AND SETTING HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS

STUPS, INC. and STUART BERK, Defendants. AND RELATED COUNTERCLAIM

On April 1, 2008, a hearing on Plaintiff's motion for temporary restraining order was held. Paul Reynolds and Samuel Isaacson appeared on behalf of Plaintiff and Jay Stein appeared on behalf of Defendants/Counter-claimants. The Court granted Plaintiff's application to permit manual filing of an exhibit and resolved Defendants' various objections. Finding Defendants' motion for a temporary restraining order filed late March 28, 2008, involved issues identical to those of Plaintiff's motion, the Court found it appropriate to continue the hearing on Plaintiff's motion, so the motions could be heard simultaneously. The Court also directed counsel to contact the Honorable Louisa S Porter, United States Magistrate Judge, to schedule a conference to attempt to resolve issues pending in the motions for a temporary restraining order. This Court further finds it appropriate to schedule a hearing on Defendants' motion

08cv0491

Case 3:08-cv-00491-JAH-POR

Document 23

Filed 04/02/2008

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to dismiss filed on March 28, 2008.1 Accordingly, in conjunction with the order made on the record, IT IS HEREBY ORDERED: 1. Plaintiff's application to permit manual filing of an exhibit (Doc. No. 8) is GRANTED. 2. The hearing on Plaintiff's motion for a temporary restraining order (Doc. No. 4) is continued to and the hearing on Defendants/Counter-claimants' motion for a temporary restraining order (Doc. No. 19) is scheduled for April 11, 2008 at 9:30 a.m. 3. Plaintiff shall file and serve a response to Defendants/Counter-claimants' motion on or before April 4, 2008. No reply shall be filed. 4. Defendants/Counter-claimants' motion to dismiss (Doc. No. 18) shall be heard before this Court on May 19, 2008 at 2:30 p.m. Plaintiff shall file

and serve a response to the motion to dismiss on or before April 28, 2008. Any reply shall be filed on or before May 5, 2008. DATED: April 1, 2008

JOHN A. HOUSTON United States District Judge

The parties are notified that they must contact this Court's staff and obtain a hearing date prior to filing a motion. See CivLR 7.1(b)

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