Free Proposed Order - District Court of California - California

Case 5:07-cv-04808-JF

Document 11

Filed 10/18/2007

Page 1 of 5

1

2
3

4
5

6

7
8

UNITED STATES DISTRICT COURT

9 10
11

NORTHERN DISTRICT OF CALIFORNIA
BP WEST COAST PRODUCTS LLC, a Delaware Limited Liability Company; and ATLANTIC RICHFIELD COMPANY, a
Delaware Corporation,

Case No.: C07 04808 RS

12
13

14
15

Plaintiff,
v.

rPROPOSEDl TEMPORARY RESTRAINI1\G ORDER AND ORDER TO SHOW CAUSE RE ISSUANCE OF PRELIMINARY INJUNCTION

16
17 18

STTN ENTERPRISES, INC., a California COlJoration~ NAZIM F AQUIRY AN, an individual; ~A YED F AQüIRY AN, an individual; and MAGHUL FAQUIRY AN, an individual; and A V A GLOBAL

Application for Temporary Restraining Order; and Declarations of Brad on Jones.)
Chrstensen and Deborah Yo

(Filed concurrently with Ex Parte

Honorable Richard Seeborg

19

ENTERPRISE, LLC, a California limited liability company,
Defendants.

Filing Date: September 17, 2007

20
21

22
23

TO DEFENDANTS STTN ENTERPRISES, INC., NAZIM
FAQUIRYAN, SAYED FAQUIRYAN, MAGHUL FAQUIRYAN, AVA GLOBAL
ENTERPRISE, LLC AND TO THEIR ATTORNEYS OF RECORD HEREIN:

24
25

YOU ARE HEREBY ORDERED TO SHOW CAUSE at

a.m. on

26 27
28

-' 2007, or as soon thereafter as Counsel may be heard in the

courtroom of the Honorable Richard Seeborg, located at 280 S. 1 st Street, #2112, San

Jose, California, why you, your agents, servants, employees and attorneys, and those
1
1068300.1

(PROPOSED) TEMPORARY RESTRAINING ORDER

Case 5:07-cv-04808-JF

Document 11

Filed 10/18/2007

Page 2 of 5

1

in active concert or participation with you or them, should not be restrained and
enjoined pending trial of this action from displaying any Atlantic Richfield Company

2
3

4
5

("ARCO") trademark, signs, emblems and color schemes at the gasoline station and convenience store located at 631 San Felipe Road, Hollister, California 95035 (the
"Station").

6 7
8

Pending hearing on the above Order To Show Cause, you, your agents,
servants, employees and attorneys, and all those in active concert or participation with
you or them, are hereby restrained and enjoined and ordered to immediately cease

9

displaying in any manner all ARCO and BPWCP trademarks, signs, emblems and
color schemes at the Station. You are further ordered to remove all ARCO and

10
11

BPWCP trademarks, signs and emblems and dispose of all food and beverage
containers and paper products bearing any ARCO or BPWCP marks by no later than
5:00 p.m. on October _,2007.

12
13

14
15

This Order To Show Cause and supporting papers must be served on
Defendants STTN Enterprises, Inc., Nazim Faquiryan, Sayed Faquiryan, Maghul
Faquiryan, AVA Global Enterprise, LLC's counsel of record no later than - court

16 17
18

days before the date set for hearing, and Proof of Service shall be filed no later than
- court days before the hearing. Any response or opposition to this Order To

19

20
21

22
23

24
25

26 27
28
2
1068300.1

(PROPOSED) TEMPORARY RESTRAINING ORDER

Case 5:07-cv-04808-JF

Document 11

Filed 10/18/2007

Page 3 of 5

1

Show Cause must be filed and personally served on ARCO's Counsel no later than
- court days before the date set for hearing, and Proof of Service shall be filed no

2
3

later than _court days before the hearing

4
5

IT is SO ORDERED.
DATED: October _,2007

6
7
8

UNITED STATES DISTRICT COURT JUDGE

9

Respectfully submitted by:

10
11

DATED: October 18, 2007

KURT OSENBAUGH DEBORAH YOON JONES
WESTON, BENSHOOF, ROCHEFORT, RUBALCAY A & MacCUISH LLP
SA Y AKA KARIT ANI

12
13

14
15

16 17
18

Attorneys for Plaintiffs BP WEST COAST PR DUCTS LLC and ATLANTIC RICHFIELD COMPANY

e ra

19

20
21

22
23

24
25

26
27 28
3
1068300.1

(PROPOSED) TEMPORARY RESTRAINING ORDER

Case 5:07-cv-04808-JF

Document 11

Filed 10/18/2007

Page 4 of 5

1

DECLARATION OF PERSONAL SERVICE

2
3

I am employed in the County of Fresno, State of California, and my business address is Fresno Legal Services, 2115 Kern Street, Suite 250, Fresno, eighteen years and not a par to the action in
Ca~ifomi.a 937~1. ,I am over the age of

which this servJCe is made.

4
5

6 7

CAUSE RE ISSUANCE OF PRELIMrNARY INJUNCTION on the interested pares in this actionp~ enclosing the document(s) in a sealed envelope addressed as follows: SEE A IT ACHED SERVICE LIST
(Check one of

fPROPOSEDl TEMPORAY RESTRG ORDER AND ÛImER TO SHOW

On October 18, 2007., I sered the docuent(s) described as

.8
9
10
11

the following:)

o
~

I personally delivered the documents to:
(specify name J:
I personally left the documents at the attorney's offce, in an envelope or

package clearly labeled to identify the attorney being served:
~ with a receptionist or with a person having charge thereof

12
o in a conspicuous p-lace in the office between the hours of nine in the

13

morning and five in the áftemoorr

14
15

o o o
~

I personally left the documents at the attomey~s residence with some person of
not less than 18 years of ag~

! personally left the documents at the pary's residence, between the hours of
eight in the morning and six in the evening, with some person of not less th

16

i S- years of age

17
18

of Cafifomia that the foregoing is tre ana correct
COITect.

(State' i declare under penalty of

perjury under the laws of

the State

19

(Fed~iJ I declare under penalty of perur that the foregoing is tre and
Executed on October 18, 2007, at Los Angeles) California.

20
21

22
23

(Ai C,i Jí JcJ~ 'Iei" (ÆJ~

eN ame - Please ~tJ v (SigItue J ,

24
25

26
27 28

ç '~

nhn mi

C' i J ~I \J (\ I I \i X) \J J t\ ~I J (I (I J IAI L '\ \.

IAI I n I . ( I n 1\ 7 ,(\ I 'i" f\

Case 5:07-cv-04808-JF

Document 11

Filed 10/18/2007

Page 5 of 5

1

BP WEST COAST PRODUCTS LLC v. STTN ENTERPRISES, et aL. United States District Court, Northern District
Case No. C07 04808 RS

2
3

SERVICE LIST
John G. Michael, Esq.

4
5

Baker Manock & Jensen 5260 North Palm Avenue
Fourth Floor

Attorney for Defendants, STTN ENTERPRISES, INC.; NAZIM FAQUIRY AN; and SAYED FAQUIRY AN

6 7
8

Fresno, CA 93704

Tel: (559) 432-5400
Fax: (559) 432-5620

9
10
11

12
13

14
15

16 17
18

19

20
21

22
23

24
25

26

27
28

1052855.1