The Freecycle Network, Inc. v. Oey et al

Filing 20

MOTION to Enforce TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE AGAINST DEFENDANT TIM OEY REGARDING CONTEMPT DUE TO FAILURE TO COMPLY WITH SAME AND SANCTIONS by The Freecycle Network, Inc.. (Bandyopadhyay, Esha)

Download PDF
The Freecycle Network, Inc. v. Oey et al Doc. 20 DECONCINI M CDONALD YETWIN & LACY, P.C. 2525 East Broadway, Suite 200 Tucson, Arizona 85716-5300 Telephone: 520-322-5000 Facsimile: 520-322-5585 LISA ANNE SMITH, AZ Bar No. 016762 (lsmith@dmyl.com) SHEFALI MILCZAREK-DESAI, AZ Bar No. 021237 (smdesai@dmyl.com) PERKINS COIE LLP 101 Jefferson Drive Menlo Park, California 94025-1114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 (Admitted pro hac vice) PAUL J. ANDRE, CA Bar No. 196585 (pandre@perksincoie.com) LISA KOBIALKA, CA Bar No. 191404 (lkobialka@perkinscoie.com) ESHA BANDYOPADHYAY, CA Bar No. 212249 (ebandyopadhyay@perkinscoie.com) SEAN BOYLE, CA Bar No. 238128 (sboyle@perkinscoie.com) Attorneys for Plaintiff THE FREECYCLE NETWORK, INC. IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA THE FREECYCLE NETWORK, INC., an Arizona non-profit organization, Plaintiff, v. TIM OEY and JANE DOE OEY, Defendants. CASE NO. 06-CV-00173-RCC PLAINTIFF THE FREECYCLE NETWORK, INC.'S NOTICE OF EX PARTE MOTION AND EX PARTE MOTION FOR ORDER TO SHOW CAUSE AGAINST DEFENDANT TIM OEY REGARDING CONTEMPT DUE TO FAILURE TO COMPLY WITH TEMPORARY RESTRAINING ORDER AND SANCTIONS Date: Time: Before: Location: May 9, 2006 3:00 p.m. Honorable Raner C. Collins Courtroom 5B NOTICE OF EX PARTE M OTION AND EX PARTE MOTION FOR ORDER TO SHOW CAUSE AGAINST DEFENDANT TIM OEY RE CONTEMPT DUE TO FAILURE TO Case 4:06-cv-00173-RCC ORDER AND SANCTIONS Filed COMPLY WITH TEMPORARY RESTRAINING Document 20 05/02/2006 Page 1 of 2 Dockets.Justia.com TO DEFENDANT TIM OEY AND HIS ATTORNEY OF RECORD: Pursuant to the Court's Order Granting The Freecycle Network's Ex Parte Motion for Temporary Restraining Order, please take notice that on May 9, 2006, or as soon thereafter as possible, plaintiff The Freecycle Network, Inc. ("The Freecycle Network") will move, and hereby moves, ex parte, for an order to show cause against Defendant Tim Oey ("Defendant" or "Oey") as to why Oey should not be adjudged in contempt, and sanctions in the amount of The Freecycle Network's attorneys' fees for the costs associated with preparing the papers and appearing for this ex parte motion, The Freecycle Network's Ex Parte Motion for Temporary Restraining Order, and The Freecycle Network's Motion for Preliminary Injunction. This motion is based upon the grounds that defendant Tim Oey ("Defendant" or "Oey") has willfully refused to comply with this Court's Order Granting The Freecycle Network's Ex Parte Motion for Temporary Restraining Order. This motion is further based upon this Notice of Motion and Motion, the Memorandum of Points and Authorities filed in support of this Motion, the supporting Declaration of Esha Bandyopadhyay, the [Proposed] Order to Show Cause Against Defendant Tim Oey Regarding Contempt Due to Failure to Comply with Temporary Restraining Order and Sanctions, the materials currently on file in this action, and such argument of counsel as the Court may request. An ex parte hearing may be held. Should a hearing date and time be set, The Freecycle Network will inform defendant of the date and time of such hearing. Dated: May 2, 2006 PERKINS COIE LLP By: LISA KOBIALKA /s/ Attorneys for Plaintiff, The Freecyc le Network, Inc. NOTICE OF EX PARTE M OTION AND EX PARTE MOTION FOR ORDER TO SHOW CAUSE AGAINST DEFENDANT TIM OEY RE CONTEMPT DUE TO Case 4:06-cv-00173-RCC RESTRAINING ORDER Filed FAILURE TO COMPLY WITH TEMPORARY Document 20 -2- 05/02/2006 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?