Warner Bros. Entertainment Inc. et al v. RDR Books et al, No. 1:2007cv09667 - Document 3 (S.D.N.Y. 2007)

Court Description: ORDER TO SHOW CAUSE Defendant, RDR Books shall show cause as to why enjoining Defendant and its employees, agents, representatives and servants, from directly or indirectly infringing Plaintiffs' copyrights or trademarks, including but not limited to publishing or continuing to publish, distribute, market, advertise, promote, solicit or accept order for, sell or offer for sale Defendant's "Harry Potter Lexicon" book or any works derived or copied from Plaintiffs' copyrighted works or bearing Plaintiffs' trademarks and from participating or assisting in any such activity whether occurring with the United States or outside the United States, pending final judgment in this action. It is hereby ORDERED that Defendant will produce documents responsive to the requests for production attached to the Declaration of Dale Cendali, Esq. on November 6, 2007. ORDERED that the briefing schedule for Plaintiffs' proposed motion for preliminary injunction shall be set as follows: Plaintiff's Motion for Preliminary Injunction shall be filed and served on November 8, 2007. Defendant's response, if any, will be served by overnight delivery or facsimile to counsel for Plaintiffs' on or before November 15, 2007. Plaintiffs' reply, if any, will be served by overnight delivery or facsimile to counsel for Defendant on or before November 19, 2007 at 9AM. A copy of this Order and Cendali Declaration will be served on Defendant by Fed EX for next day delivery on November 2, 2007. Show Cause Hearing set for 11/19/2007 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 11/2/07) (tro)

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Warner Bros. Entertainment Inc. et al v. RDR Books et al Case 1:07-cv-09667-RPP Document 3 Doc. 3 Filed 11/02/2007 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WARNER BROS. ENTERTAINMENT MC. and J.K. ROWLING, Page 1 of 2 ',:,,I... EC'I'R()Ni(TPI!..T..?r F!LED Case No.: 07-CV-9667 (RPP) Plaintiffs, ORDER TO Sl-IOW CAUSE -against- RDR BOOKS and DOES 1-1 0, Defendants Upon the Complaint filed on October 3 1,2007, and the Declaration(s) of Neil Blair, Diane Nelson and Dale Cendali, Esq.: and the upon the pleadings and other papers herein, including Plaintiffs' tnemorandum of law in support of its motion for limited expedited discovery and good cause having been shown, it is hereby, ORDERED that Defendant, RDR Books, appear and show cause before this Court, at Room 24A, United States Courthouse, 500 Pear1 Street. in the City. County and State of ~ $ - r New York. on November 2 d~ P I I Z .2007, why an order should not be issued pursuant to Fed. R. Civ. P. h 65ca): (I) enjoining Defendant and its enlployees. agents, representatives and servants. from directly or indirectly infringing Plaintiffs' copyrights or trademarks, including but not limited to publishing or continuing to publish, distribute. market, advertise. promote, solicit or accept orders for, sell or offer for sale Defendant's "Harry Potter Lexicon" book (the " B o o k ) or any works derived or copied from Plaintiffs' copyrighted works or bearing Plaintiffs' trademarks and from participating or assisting in any such activity whether occurring within the United Dockets.Justia.com Case 1:07-cv-09667-RPP Document 3 Filed 11/02/2007 Page 2 of 2 States or outside the United States, pending final judgment in this action. It appearing from the declarations and memorandum of law identified above that Plaintiffs require limited expedited discovery in advance of the motion for preliminary injunction and an expedited briefing schedule in connection therewith and will suffer immediate and irreparable injury, loss or damage if such discovery is not permitted, it is hereby ORDERED that Defendant will produce documents responsive to the requests for *PC production attached to the Declaration of Dale Cendali. E s q on ~ o v e r n b e r b 2007. ORDERED that the briefing schedule for Plaintiffs' proposed motion for preliminary injunction shall be set as follows: Plaintiffs Motion for Preliminary Injunction shall be filed and served on m ~ o v e m b e@, 2007. r - Defendant's response, if any, will be served by overnight delivery or facsimile to 1Q9Y) counsel for Plaintiffss:on or before November>, 1007; Plaintiffs' reply, if any, will be sewed by overnight delivery or facsimile to V$counsel for Defendant on or before Noreolber 19, ~ o o ~ , & & w A Dated: ~ o v e m b e r k2007 , United States District Judge

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