Cerelux Ltd. v. Yue Shao et al

Filing 35

ORDER FOR PRELIMINARY INJUNCTION by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a preliminary injunction shall issue. (SEE ATTACHMENT FOR FURTHER DETAILS). FURTHER ORDERED that, pursuant to Rule 65(c) of the Federal R ules of Civil Procedure, Plaintiff shall be required to give security in the amount of one thousand dollars ($1,000). FURTHER ORDERED that plaintiff shall personally serve a copy of this Order, the complaint, and all papers filed in support of this Order on Defendants Namecheap, Inc., and Yue Shao on or before 5/8/2017. (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.

Case No.: CV 17-02909-MWF (KSx)
ORDER FOR PRELIMINARY
INJUNCTION

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,
Defendants.

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On April 20, 2017, Plaintiff Cerelux Ltd. (“Cerelux”) filed an Ex Parte

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Application for Temporary Restraining Order and Order to Show Cause Why a

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Preliminary Injunction Should Not Issue (the “Application”). (Docket No. 9). On

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April 21, 2017, the Court granted, in part, Cerelux’s Application (“Order re

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TRO”). (Docket No. 15). The Court set a hearing on the Order to Show Cause,

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and set a schedule for Defendants to file opposing papers.

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Plaintiff filed a Response to the Court’s OSC on April 27, 2017. (Docket

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No. 26). On April 27, 2017, Defendants James Evans, David Pearce, and Pablo

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Stafforini filed an Opposition to the proposed preliminary injunction. (Docket No.

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28). Defendant Yue Shao failed to file any papers or otherwise to appear. On May

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1, 2017, Plaintiff filed a Reply in support of the proposed preliminary injunction.

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(Docket No. 29).

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Having read and reviewed the papers submitted on the Order to Show Cause,
and having considered the arguments at the hearing held on May 2, 2017,

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Now, therefore, pursuant to Rule 65 of the Federal Rules of Civil Procedure,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a preliminary

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injunction shall issue. The above-named Defendants, their officers, directors,

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employees, agents, subsidiaries, distributors and other persons in active concert or

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participation with them or the Domain Name having actual notice of this Order,

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including any domain name registrars, domain name registries or their

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administrators, are ORDERED to take the following steps to preserve the status

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quo ante and prevent further irreparable injury to 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
d. place a legal lock on the Domain Name after said transfer(s) take

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place.

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IT IS FURTHER ORDERED that Plaintiff shall have full access to all
functionality of the Domain Name and that the above-named Defendants may not
impede plaintiff’s access in any manner.

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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 shall not transfer or dispose of said Domain

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Name, but shall retain it in order to restore same to the above-named Defendants if

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this court shall ultimately determine that the above-named Defendants are the

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lawful owners of said Domain Name. Notwithstanding the foregoing, Plaintiff is

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free to use the Domain Name in any and all other ways, including but not limited

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to, the entirety of its prior use of the Domain Name.

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IT IS FURTHER ORDERED that, pursuant to Rule 65(c) of the Federal

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Rules of Civil Procedure, Plaintiff shall be required to give security in the amount

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of one thousand dollars ($1,000).

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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 Defendants

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Namecheap, Inc., and Yue Shao on or before May 8, 2017.

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//

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IT IS FURTHER ORDERED that Plaintiff shall provide notice of this

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

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

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before May 8, 2017.

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IT IS SO ORDERED.

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DATED: May 3, 2017.

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_______________________________
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE