SATA GmbH and Co. KG v. Wenzhou New Century International, Ltd. et al

Filing 16

ORDER TO SHOW CAUSE RE: HEARING ON TEMPORARY RESTRAINING ORDER by Judge Beverly Reid O'Connell. The Court hereby ORDERS Plaintiff to: (1) immediately serve the Hanna Defendants with a copy of this Order to Show Cause; and, (2) to file, by Monday , November 2, 2015, a proof of service confirming that Plaintiff effected service upon Defendant Wenzhou. The Court ORDERS the Hanna Defendants to file a declaration on or before Monday, November 2, 2015, signed under penalty of perjury, consenting to the terms of the Preliminary Injunction and waiving their right to a hearing on the matter. (rfi)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-08157-BRO (Ex)

Title

SATA GMBH & CO. KG V. WENZHOU NEW CENTURY INTERNATIONAL,
LTD. ET AL.

Date

October 29, 2015

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER TO SHOW CAUSE RE: HEARING
ON TEMPORARY RESTRAINING ORDER  
On October 26, 2015, the Court held a hearing regarding Plaintiff SATA GmbH &
Co. KG’s Temporary Restraining Order against Defendants Wenzhou New Century
International, Ltd. (“Wenzhou”), A&F Auto Paint & Supply, Inc. (“A&F”), Abdulahad
Hanna, and Does 1-10 (collectively, “Defendants”). (See Dkt. No. 12 (granting
Plaintiff’s Ex Parte Application for Temporary Restraining Order, Seizure Order, and
Order to Show Cause for Preliminary Injunction and for Expedited Discovery); see also
Dkt. No. 14.) Only counsel for Plaintiff was present before the Court. At the hearing,
Plaintiff’s counsel represented to the Court that Plaintiff personally served Hanna, as well
as two of Hanna’s sons, Doe 1 and Doe 21 (collectively, the “Hanna Defendants”).
Although not confirmed by the solicitor at the time of the hearing, Plaintiff’s counsel also
believed Plaintiff had personally served Defendant Wenzhou in Hong Kong.
Plaintiff’s counsel stated to the Court that attorney Arthur Barens represents the
Hanna Defendants. Plaintiff’s counsel represented to the Court that Barens contacted
Plaintiff’s counsel, indicating that the Hanna Defendants: (1) would accept service of the
Summons and Complaint; (2) consent to the Court’s entry of the Preliminary Injunction;

1

Plaintiff’s counsel maintained that one of Hanna’s sons “runs” A&F’s business and that the other is an
accountant at A&F. As suggested at the October 26 hearing, Plaintiff may also serve a third individual
as a Doe Defendant, namely Hanna’s son-in-law who drives the white van that investigators reported
had been distributing the counterfeit products.

CV-90 (06/04)

CIVIL MINUTES – GENERAL

Page 1 of 2

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-08157-BRO (Ex)

Title

SATA GMBH & CO. KG V. WENZHOU NEW CENTURY INTERNATIONAL,
LTD. ET AL.

Date

October 29, 2015

and, (3) agree to stipulate2 to certain search terms for Plaintiff’s forensic evaluation of the
Hanna Defendants’ files.

The Court hereby ORDERS Plaintiff to: (1) immediately serve the Hanna
Defendants with a copy of this Order to Show Cause; and, (2) to file, by Monday,
November 2, 2015, a proof of service confirming that Plaintiff effected service upon
Defendant Wenzhou.
The Court ORDERS the Hanna Defendants to file a declaration on or before
Monday, November 2, 2015, signed under penalty of perjury, consenting to the terms of
the Preliminary Injunction and waiving their right to a hearing on the matter.
Finally, at the October 26, 2015 hearing, Plaintiff’s counsel asked that the Court
allow Plaintiff additional time for leave to amend the complaint. The Court accordingly
GRANTS Plaintiff leave to amend its complaint; Plaintiff may file a first amended
complaint within 60 days of this Order. See Fed. R. Civ. P. 15(a)(2) (“[A] party may
amend its pleading only with . . . the court’s leave. The court should freely give leave
when justice so requires.”).
:

IT IS SO ORDERED.
Initials of Preparer

rf

2

Plaintiff and the Hanna Defendants must separately file a proposed stipulation and order to this Court
regarding this issue.

CV-90 (06/04)

CIVIL MINUTES – GENERAL

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