California Expanded Metal Products Company et al v. James A Klein et al

Filing 106

ORDER GRANTING PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: Plaintiffs Motion for Preliminary Injunction is GRANTED, in part, and DENIED, in part. Defendants James A. Klein and BlazeFrame Industries, Ltd. and their agents, employees, and repr esentatives are enjoined from doing and/or ordered to do thefollowing: a. Enjoined from offering for sale or selling licensed BlazeFrame Products (BF Products) outside Oregon, Washington, Alaska, Idaho, Montana andWyoming (the restricted territory), either directly or through BigMountain Supply & Materials LLC. This provision shall not be read to restrict the sales activities of independent third-party distributors. b. Enjoined from offering for sale or selling intumescent tape outside the restricted territory, except for the limited purpose of repair. (lc)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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BEVERLY HILLS

TROJAN LAW OFFICES

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CALIFORNIA EXPANDED
METAL PRODUCTS COMPANY,
a California corporation; and
CLARKWESTERN DIETRICH
BUILDING SYSTEMS LLC, dba
CLARKDIETRICH BUILDING
SYSTEMS, an Ohio limited liability
company
Plaintiffs,

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v.
JAMES A. KLEIN, an individual;
and BLAZEFRAME
INDUSTRIES, LTD., a
Washington company,
Defendants.

CASE NO. 16-cv-5968 DDP (MRWx)
ORDER GRANTING PRELIMINARY
INJUNCTION
The Honorable Dean D. Pregerson
Courtroom: 9C (1st Street)

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Before the Court is Plaintiffs California Expanded Metal Products Company

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(“CEMCO”)

and

Clarkwestern

Dietrich

Building

Systems

LLC,

d.b.a.

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ClarkDietrich Building Systems’ (“ClarkDietrich”) Motion for Preliminary

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Injunction. After considering the motion, the opposition, the reply, all evidence,

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and the arguments therein:

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IT IS HEREBY ORDERED that Plaintiffs’ Motion for Preliminary

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Injunction is GRANTED, in part, and DENIED, in part. Defendants James A.

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Klein (“Klein”) and BlazeFrame Industries, Ltd. (“BlazeFrame”) and their agents,

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employees, and representatives are enjoined from doing and/or ordered to do the

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following:

(“BF Products”) outside Oregon, Washington, Alaska, Idaho, Montana and

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BEVERLY HILLS

a. Enjoined from offering for sale or selling licensed BlazeFrame® Products

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TROJAN LAW OFFICES

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Wyoming (“the restricted territory”), either directly or through Big

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Mountain Supply & Materials LLC. This provision shall not be read to

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restrict the sales activities of independent third-party distributors.

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b. Enjoined from offering for sale or selling intumescent tape outside the
restricted territory, except for the limited purpose of repair;

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IT IS SO ORDERED.

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Dated: May 9, 2017

______________________________
Honorable Dean D. Pregerson
United States District Judge

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