Cerelux Ltd. v. Yue Shao et al

Filing 16

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge Michael W. Fitzgerald. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CERELUX LTD.,

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Plaintiff,

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vs.
YUE SHAO, an individual; DAVID
PEARCE, an individual; JAMES
EVANS, an individual; PABLO
STAFFORINI, an individual;
NAMECHEAP, INC., a Delaware
corporation; and DOES 1 through 10,
inclusive,

Case No.: 2:17-cv-02909-CAS-KS
TEMPORARY RESTRAINING
ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY
INJUNCTION SHOULD NOT ISSUE

Defendants.

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Upon review of the complaint of plaintiff, CERELUX LTD., and the

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declarations, exhibits and memorandum of points and authorities in support of

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plaintiff’s “Ex Parte Application for a Temporary Restraining Order and Order To

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Show Cause Why a Preliminary Injunction Should Not Issue” against only

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Defendants YUE SHAO, DAVID PEARCE, JAMES EVANS, PABLO

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STAFFORINI and Does 1 through 10, inclusive, it appears to the satisfaction of

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the court that this is a proper case for granting the temporary restraining order and

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order to show cause.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiff’s

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ex parte application for a temporary restraining order is granted. Pending the

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hearing and determination of the order to show cause, the above-named

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Defendants; their officers, directors, employees, agents, subsidiaries, distributors

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and all persons in active concert or participation them having notice of this Order;

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and those with actual notice of this Order, including any domain name registrars,

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domain name registries or their administrators, are ordered to take the following

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steps to preserve the status quo ante and prevent further irreparable injury to

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plaintiff and its customers:

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1. The above-named Defendants, GoDaddy, Inc., as the registrar of record

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for the domain name, <nootropics.com> (the “Domain Name”), or

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whomever is the registrar of record of the Domain Name at the time this

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Order is entered, are directed to immediately and no later than 12 hours

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after service on GoDaddy, via email at [e-mail], a copy of

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this Order, the complaint and all moving papers:

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a. record, change, transfer or assist in changing the registration of

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record for the Domain Name in Plaintiff’s name and into an

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account with GoDaddy, under Plaintiff’s sole control, or a domain-

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name registrar of Plaintiff’s choosing;

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b. change, transfer, point or assist in pointing the DNS servers for the

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Domain Name to a server or servers of Plaintiff’s choosing;

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c. change, transfer, point or assist in pointing the MX or email

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servers for the Domain Name to a MX server or servers of

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Plaintiff’s choosing; and

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d. place a legal lock on the Domain Name after said transfer(s) take
place.
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IT IS FURTHER ORDERED that pending resolution of this lawsuit or

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further order of the court, plaintiff, after receiving the Domain Name from the

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above-named Defendants, shall not transfer or dispose of said Domain Name.

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Plaintiff shall not use the Domain Name in any ways, including but not limited to

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the entirety of its prior use of the Domain Name, until such time as the matter

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comes before the Court for hearing on the Order to Show Cause why a preliminary

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injunction should not issue.

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IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(c), plaintiff
shall be required to give security in the amount of one thousand dollars ($1,000).
IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(f)(3),

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sufficient cause being shown therefore, counsel for Plaintiff shall serve a copy of

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this Order, the complaint, and all papers filed in support of this Order on Defendant

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Yue Shao by email at [e-mail] and [e-mail] and by mail

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at 7 Lower Rock Gardens, Brighton, East Sussex, BN2 1PG; Defendant David

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Pearce by email at [e-mail] and [e-mail] and by mail at 7

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Lower Rock Gardens, Brighton, East Sussex, BN2 1PG; Defendant James Evans at

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[e-mail] and [e-mail]; and Defendant Pablo Stafforini at

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[e-mail], on or before April 24, 2017, which service shall be

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deemed good and sufficient.

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IT IS FURTHER ORDERED that plaintiff shall personally serve a copy of

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this Order, the complaint, and all papers filed in support of this Order on defendant

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Namecheap, Inc. on or before April 24, 2017.

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IT IS FURTHER ORDERED that plaintiff shall provide notice of this Order

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by serving a copy of this Order, the complaint, and all papers filed in support of this

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Order on nonparty GoDaddy, Inc. via email at [e-mail] on or before

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April 24, 2017.

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IT IS FURTHER ORDERED that Defendants Yue Shao, David Pearce,
James Evans, Pablo Stafforini and Does 1 through 10, inclusive, shall have until
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April 27, 2017 to file and serve their opposition papers, if any.

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IT IS FURTHER ORDERED that Defendants Yue Shao, David Pearce,

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James Evans, Pablo Stafforini and Does 1 through 10, inclusive, shall appear either

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in person or by telephone in Courtroom 5A, at the Courthouse for the United States

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District Court for the Central District of California, located at 350 W. 1st Street,

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Los Angeles, California 90012, on May 2, 2017 at 10:00 a.m., to show cause why

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the interim relief awarded in this Order should not be extended by issuance of a

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similarly worded preliminary injunction pending trial.

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IT IS SO ORDERED.

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DATED: April 21, 2017

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_______________________________
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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