Clear Channel Outdoor, Inc. v. Shapy International, Inc., No. 3:2007cv02362 - Document 21 (N.D. Cal. 2007)

Court Description: ORDER GRANTING AS MODIFIED 20 Stipulation re Temporary Restraining Order and Order to Show Cause re Prelminary Injunction. Signed by Judge Jeffrey S. White on May 3, 2007. (jswlc3, COURT STAFF) (Filed on 5/3/2007)
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Clear Channel Outdoor, Inc. v. Shapy International, Inc. Case 3:07-cv-02362-JSW 1 2 3 4 5 6 7 8 Doc. 21 Document 21 Filed 05/03/2007 Page 1 of 6 Scott D. Baker (SBN 84923) Email: sbaker@reedsmith.com Jonah D. Mitchell (SBN 203511) Email: jmitchell@reedsmith.com Alison B. Riddell (SBN 246120) Email: ariddell@reedsmith.com REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: 415.543.8700 415.391.8269 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Attorneys for Plaintiff Clear Channel Outdoor, Inc. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 CLEAR CHANNEL OUTDOOR, INC., a Delaware Corporation, 17 Plaintiff, 18 vs. 19 20 21 SHAPY INTERNATIONAL, INC., a California Corporation, Case No. : C07-002362 JSW STIPULATION AND [PROPOSED] ORDER RE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AS MODIFIED HEREIN Defendant. 22 23 24 25 26 27 28 No.: C07-002362 JSW Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction Dockets.Justia.com Case 3:07-cv-02362-JSW Filed 05/03/2007 Page 2 of 6 The parties, by and through their undersigned counsel of record, hereby stipulate to 1 2 Document 21 the following orders. 3 TEMPORARY RESTRAINING ORDER 4 5 IT IS STIPULATED THAT: Pending a ruling on the Order to Show Cause re 6 Preliminary Injunction, Shapy and each of its agents, servants, employees, contractors and each 7 person acting in concert and participation with Shapy, are prohibited and enjoined from each of the 8 following: 9 1. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Taking any action to enforce the Notice to Quit issued to Clear Channel 11 Outdoor, Inc. (“Clear Channel”) regarding the the General Advertising Sign and related structure 12 (collectively “the Sign”) on property located at 278-298 11th Street, San Francisco, California (the 13 “11th Street property”); and 14 2. Taking any action, whether by itself, any prospective or actual lessee or 15 licensee or anyone else acting in concert and participation with Shapy, to interfere with or deprive 16 Clear Channel’s present use of the Sign and sign structure on the 11th Street property. 17 The foregoing Temporary Restraining Order is effective, and shall remain in effect, 18 19 without a bond or undertaking. 20 Shapy reserves all defenses to the complaint and application herein, including the 21 22 scope of relief in Section 2 below; and this stipulation shall not be an admission of any claim of 23 right, title, ownership or possession of Clear Channel to any real or personal property at issue herein. 24 Defendant's counsel shall accept service of the summons process by Notice and Acknowledgment of 25 Service. 26 27 28 No.: C07-002362 JSW –1– Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction Case 3:07-cv-02362-JSW Document 21 Filed 05/03/2007 Page 3 of 6 ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 1 2 3 IT IS FURTHER STIPULATED: 4 1. That the Temporary Restraining Order shall remain in effect until the Court 5 rules upon the Order to Show Cause. 6 7 2. That Shapy shall show cause on June 8, 2007, at 9:00 a.m., or as soon 8 thereafter as counsel can be heard, why an Order should not be issued granting Clear Channel a 9 Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure which shall REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 extend, during the pendency of this suit, or until further order of the court, as follows: 11 Shapy and each of its agents, servants, employees, contractors and each person acting 12 13 in concert and participation with Shapy, are prohibited and enjoined from each of the following: 14 a. 15 Taking possession of, or making use of, the Sign and sign structure on property located at 278-298 11th Street, San Francisco, California (the “11th Street property”) for its 16 own benefit, and from undertaking any act designed to deprive Clear Channel of its claimed 17 ownership and/or possessory rights, except for any cross or counter claim; 18 b. 19 20 Entering into or performing any agreement allowing any third party to make use of the Sign and sign structure; 21 22 23 c. Committing any further acts of conversion with respect to the Sign and d. Altering, destroying or removing all or any part of the Sign or sign e. Denying Clear Channel access to the Sign and sign structure by way of sign structure; 24 25 26 structure in any way; 27 28 No.: C07-002362 JSW –2– Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction Case 3:07-cv-02362-JSW 1 Document 21 Filed 05/03/2007 Page 4 of 6 ingress and egress to the roof and billboard structure; and 2 f. 3 Denying Clear Channel the right to remove the Sign and sign structure. 4 5 3. That Shapy shall have to and including May 18, 2007 to file and serve on 6 Clear Channel’s counsel its Memorandum and affidavits in opposition to the Order to Show Cause 7 Why a Preliminary Injunction Should Not Issue. 8 REED SMITH LLP A limited liability partnership formed in the State of Delaware 9 4. That Clear Channel shall have to and including May 25, 2007 to file and serve 10 on Shapy’s counsel its Reply Memorandum and affidavits in support of the Order to Show Cause 11 Why a Preliminary Injunction Should Not Issue. 12 13 5. That Shapy’s failure to attend the show cause hearing shall result in the 14 immediate issuance of the Preliminary Injunction, which shall be deemed to take effect immediately 15 upon the expiration or dissolution of the Temporary Restraining Order. 16 17 6. That Shapy is hereby given further notice that it shall be deemed to have 18 actual notice of the issuance and terms of such preliminary injunction and that any act by it in 19 violation of any of the terms thereof may be considered and prosecuted as contempt of this Court. 20 21 This Stipulation is without prejudice to all parties’ positions with regard to this action. 22 23 24 25 26 27 28 No.: C07-002362 JSW –3– Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction Case 3:07-cv-02362-JSW 1 Document 21 Filed 05/03/2007 Page 5 of 6 DATED: May 3, 2007. REED SMITH LLP 2 3 By 4 5 6 7 /s/ Jonah D. Mitchell Scott D. Baker Jonah D. Mitchell Attorneys for Plaintiff Clear Channel Outdoor, Inc. DATED: May 3, 2007. LAW OFFICES OF MARK J. ROMEO 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 By /s/ Mark. J. Romeo Mark J. Romeo Attorneys for Defendant Shapy International, Inc. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No.: C07-002362 JSW –4– Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction Case 3:07-cv-02362-JSW 1 2 3 4 5 Document 21 Filed 05/03/2007 Page 6 of 6 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Due to the Court's unavailability on June 8, 2007, the hearing on the motion for a preliminary injunction is set for June 15, 2007. DATED: May ___, 2007. 3 6 7 United States District Judge 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No.: C07-002362 JSW –5– Stipulation And [Proposed] Order Re Temporary Restraining Order And Order to Show Cause For Preliminary Injunction