Isle of Capri Casinos, Inc. v. Larry Flynt et al

Filing 32

MINUTES (IN CHAMBERS): PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION 9 ; PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY 19 by Judge Chris tina A. Snyder. IT IS HEREBY ORDERED: (1) The Court DENIES the temporary restraining order. (2) The Court GRANTS in part and DENIES in part plaintiff's motion for leave to conduct expedited discovery as follows. The Court GRANTS plaintiff� 39;s motion to conduct expedited discovery as set forth in request numbers 4, 5, 6, and 10 of Exhibit A to plaintiffs motion. The defendants are ordered to produce those requested documents by September 12, 2016. The Court GRANTS plaintiff' s motion to conduct a Federal Rule of Civil Procedure 30(b)(6) deposition as described in Exhibit B to their motion, to be conducted no later than 10 days after defendants production of the aforementioned discovery is complete. All other requests t o conduct expedited discovery contained in plaintiff's motion are DENIED without prejudice. (3) The Court sets a hearing on the Order to Show Cause Why Preliminary Injunction Should Not Issue for September 26, 2016 at 10:00 am, and directs d efendants to show cause. (See attached document.) (4) Defendants are directed to file any further opposition to plaintiff's Application for an Order to Show Cause Re: Preliminary Injunction on or before September 5, 2016. Plaintiff shall file any further reply no later than 12:00 a.m. on September 12, 2016. (lom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

‘O’

Case No.

2:16-cv-06148-CAS(MRWx)

Title

ISLE OF CAPRI CASINOS, INC. V. LARRY FLYNT ET AL.

Present: The Honorable

Date

August 22, 2016

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) PLAINTIFF’S EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND ORDER TO
SHOW CAUSE RE: PRELIMINARY INJUNCTION (Dkt. 9, filed
August 16, 2016)
(IN CHAMBERS) PLAINTIFF”S EX PARTE MOTION FOR
LEAVE TO CONDUCT EXPEDITED DISCOVERY (Dkt. 19,
filed August 17, 2016)

Plaintiff filed the instant ex parte application for a temporary restraining order and
order to show cause why a preliminary injunction should not issue on August 16, 2016
(“Application”), and the defendants filed an opposition on August 17, 2016. Plaintiff
filed their reply on August 22, 2016. Dkt. 30. On August 17, 2016, plaintiff filed a
motion for leave to conduct expedited discovery. The defendants filed an opposition to
plaintiff’s discovery motion on August 18, 2016. Having carefully reviewed and
considered the parties’ arguments as well as plaintiff’s motion for expedited discovery,
the Court finds and concludes as follows.
IT IS HEREBY ORDERED:
(1)

The Court DENIES the temporary restraining order.

(2)

The Court GRANTS in part and DENIES in part plaintiff’s motion for
leave to conduct expedited discovery as follows. The Court GRANTS
plaintiff’s motion to conduct expedited discovery as set forth in request
numbers 4, 5, 6, and 10 of Exhibit A to plaintiff’s motion. The defendants
are ordered to produce those requested documents by September 12, 2016.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

‘O’

Case No.

2:16-cv-06148-CAS(MRWx)

August 22, 2016

Title

ISLE OF CAPRI CASINOS, INC. V. LARRY FLYNT ET AL.
The Court GRANTS plaintiff’s motion to conduct a Federal Rule of Civil
Procedure 30(b)(6) deposition as described in Exhibit B to their motion, to
be conducted no later than 10 days after defendants’ production of the
aforementioned discovery is complete. All other requests to conduct
expedited discovery contained in plaintiff’s motion are DENIED without
prejudice.
(3)

The Court sets a hearing on the Order to Show Cause Why Preliminary
Injunction Should Not Issue for September 26, 2016 at 10:00 am, and directs
defendants to show cause:
a.

b.

(4)

Why they should not be enjoined from displaying, employing,
advertising, and marketing their casino using the phrase “LUCKY
LADY” in any advertisements, websites, promotions, labels, signs,
uniforms, brochures, social media, gaming equipment, supplies,
merchandise, or for other materials; and
Why they should not be enjoined from applying for registration of any
mark containing the terms LUCKY LADY or LADY LUCK, or any
formative thereof, or any confusingly similar mark, in connection with
any casino services, slot machine games, gaming equipment, playing
cards, clothing, merchandise, restaurants, hotel services, bar services,
or any other goods or services related to casino services.

Defendants are directed to file any further opposition to plaintiff’s
Application for an Order to Show Cause Re: Preliminary Injunction on or
before September 5, 2016. Plaintiff shall file any further reply no later than
12:00 a.m. on September 12, 2016.

IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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CMJ

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