The Sunrider Corporation v. Bountiful Biotech Corp. et al
Filing
10
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: DENYING EX PARTE APPLICATION for Temporary Restraining Order as to Unauthorized use of copyright 4 . (See document for details.) The Clerk shall serve this minute order on all parties to the action. (rla)
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. SACV 08-1339 DOC (AJWx) Date: November 26, 2008
Title: THE SUNRIDER CORPORATION dba SUNRIDER INTERNATIONAL V. BOUNTIFUL BIOTECH CORP., ET AL.
DOCKET ENTRY [I hereby certify that this document was served by first class mail or Government messenger service, postage prepaid, to all counsel (or parties) at their respective most recent address of record in this action on this date.] Date:____________ Deputy Clerk: ___________________________________
PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE Kristee Hopkins Courtroom Clerk Not Present Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: NONE PRESENT NONE PRESENT
PROCEEDING (IN CHAMBERS): ORDER DENYING EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER On November 24, 2008, this Court received Plaintiff's, the Sunrider Corporation, Ex Parte Application for a Temporary Restraining Order, and Order to Show Cause re: Preliminary Injunction (the "TRO") in conjunction with a Memorandum of Points and Authorities in Support Thereof. Plaintiff's request for a TRO without notice to Defendants is hereby DENIED. Plaintiff has not met its burden of showing that immediate and irreparable injury will result to it if notice and an opportunity to be heard is given to the Defendants. The issuance of a temporary restraining order without notice is a very drastic remedy, and the Court will not issue a temporary restraining order without notice unless it is absolutely convinced that a plaintiff will suffer irreparable injury and dire consequences are certain to occur. Plaintiff's moving papers fall far short of convincing the Court of such injury and consequences. The Clerk shall serve this minute order on all parties to the action. MINUTES FORM 11 DOC CIVIL - GEN Initials of Deputy Clerk _kh__ Page 1 of 1
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