UL LLC v. The Space Chariot Inc. et al

Filing 12

MINUTES (IN CHAMBERS) UL'S APPLICATION TO FILE UNDER SEAL; and UL'S APPLICATION FOR A SEIZURE ORDER by Judge Christina A. Snyder: The Court is in receipt of UL's ex parte application for a temporary restraining order, seizure order, ex pedited discovery, and order to show cause re: preliminary injunction 4 . UL has requested to file this case under seal as required by 15 U.S.C. Section 1116(d)(8) 8 . Plaintiff's application for a seizure order is DENIED without prejudice. Be cause plaintiff's request to file under seal is premised upon its application for a seizure order, plaintiff's application to file under seal is DENIED. The interests of justice do not require that UL's ex parte application be heard wi thout notice to defendant. Accordingly, plaintiff is ordered to provide notice to defendant of this action. Plaintiff shall inform defendant that defendant shall have 48 hours from the date of delivery of the moving papers to file and serve their opposition papers, if any. The Court reserves ruling on plaintiff's application for a temporary restraining order, expedited discovery, and order to show cause re: preliminary injunction. Court Reporter: Not Present. (gk)

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

2:16-cv-08172-CAS (x)

Title

UL, LLC V. THE SPACE CHARIOT, INC.; ET AL.

Present: The Honorable

Date

‘O’
November 3, 2016

CHRISTINA A. SNYDER

Catherine Jeang

Not Present

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) - UL’S APPLICATION TO FILE UNDER SEAL
(Filed November 2, 2016)
UL’S APPLICATION FOR A SEIZURE ORDER (Filed November
2, 2016)

The Court is in receipt of UL’s ex parte application for a temporary restraining
order, seizure order, expedited discovery, and order to show cause re: preliminary
injunction. UL has requested to file this case under seal as required by 15 U.S.C. §
1116(d)(8). 15 U.S.C. § 1116(d)(8) requires that a seizure order and all “supporting
documents” be sealed until after the seizure order has been carried out.
15 U.S.C. § 1116(d)(4) provides that the Court “shall not grant” an application for
a seizure order unless, pursuant to sub-section (d)(4)(B), “the court finds that it clearly
appears from specific facts that” several prerequisites have been satisfied. By requesting
to file this action under seal and filing its application for a TRO without notice to
defendant, UL appears to have satisfied the requirement of 15 U.S.C. § 1116(d)(4)(B)(ii),
which requires that “the applicant has not publicized the requested seizure.” However, it
does not appear at this time that “an immediate and irreparable injury will occur if such
seizure is not ordered,” id. § 1116(d)(4)(B)(iv), or that “the person against whom seizure
would be ordered, or persons acting in concert with such person, would destroy, move,
hide, or otherwise make such matter inaccessible to the court, if the applicant were to
proceed on notice to such person,” id. § 1116(d)(4)(B)(vii). Accordingly, plaintiff’s
application for a seizure order is DENIED without prejudice. Because plaintiff’s

CV-549 (10/16)

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-08172-CAS (x)

November 3, 2016

Title

UL, LLC V. THE SPACE CHARIOT, INC.; ET AL.

request to file under seal is premised upon its application for a seizure order, plaintiff’s
application to file under seal is DENIED.
The interests of justice do not require that UL’s ex parte application be heard
without notice to defendant. See Local Rule 7-19.2. Accordingly, plaintiff is ordered to
provide notice to defendant of this action. Plaintiff shall inform defendant that defendant
shall have 48 hours from the date of delivery of the moving papers to file and serve their
opposition papers, if any.
The Court reserves ruling on plaintiff’s application for a temporary restraining
order, expedited discovery, and order to show cause re: preliminary injunction.
IT IS SO ORDERED.

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Initials of Preparer

CV-549 (10/16)

CIVIL MINUTES – GENERAL

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CMJ

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