Entrepreneur Media Inc v. Rieva Lesonsky et al

Filing 14

ORDER by Judge David O. Carter, GRANTING JOINT Stipulation 9 Regarding Preliminary Injunction Hearing and Expedited Discovery: IT IS HEREBY ORDERED THAT: 1. Defendants Rieva Lesonsky d/b/a SMB Connects, Maria Anton, and AllBusiness.com (Defendants), their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the Order, shall: a. Never publish a franchise list under, or otherwise use in commerce, the phrase Franchise 300, or any other phrase confusingly similar to EMI's registered trademark Franchise 500. b. Refrain from publishing, publicizing, disseminating, or otherwise disclosing any franchise ranking or list until the earlier of (1) November 7, 2008, or (2) a ruling by this Court on EMI's motion for preliminary injunction. 2. EMI's motion for preliminary injunction shall be heard on November 5, 2008, at 10:00 a.m. in the Santa Ana Courthouse, Courtroom 9D. 3. In connection with EMI's motion for preliminary injunction, EMI shall submit its moving brief on October 29, 2008 (served by email), and Defendants shall submit their opposition brief on November 4, 2008 (served by email). (See document for further details.) (rla)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC., a
12 California corporation,
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Plaintiff,
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vs.
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16 RIEVA LESONSKY d/b/a SMB
CONNECTS, an individual, MARIA
17 ANTON, an individual,
ALLBUSINESS.COM, INC., a
18 California corporation, and DOES 1
through 10, inclusive,
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Defendants.
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OC\977736.1
ATTORNEYS AT LAW
ORANGE COUNTY

CASE NO. SACV 08-1066 DOC (ANx)
ORDER GRANTING JOINT
STIPULATION REGARDING
PRELIMINARY INJUNCTION
HEARING AND EXPEDITED
DISCOVERY

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ORDER
Good cause appearing, the foregoing Joint Stipulation Regarding

3 Preliminary Injunction Hearing And Expedited Discovery is Approved. IT IS
4 HEREBY ORDERED THAT:
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1.

Defendants Rieva Lesonsky d/b/a SMB Connects, Maria Anton, and

6 AllBusiness.com (“Defendants”), their officers, agents, servants, employees, and
7 attorneys, and those persons in active concert or participation with them who
8 receive actual notice of the Order, shall:
a.

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Never publish a franchise list under, or otherwise use in

10 commerce, the phrase “Franchise 300,” or any other phrase confusingly similar to
11 EMI’s registered trademark Franchise 500®.
b.

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Refrain from publishing, publicizing, disseminating, or

13 otherwise disclosing any franchise ranking or list until the earlier of (1)
14 November 7, 2008, or (2) a ruling by this Court on EMI’s motion for preliminary
15 injunction.
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2.

EMI”s motion for preliminary injunction shall be heard on

17 November 5, 2008, at 10:00 a.m. in the Santa Ana Courthouse, Courtroom 9D.
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3.

In connection with EMI’s motion for preliminary injunction, EMI

19 shall submit its moving brief on October 29, 2008 (served by email), and
20 Defendants shall submit their opposition brief on November 4, 2008 (served by
21 email).
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4.

Discovery related to EMI’s trade secret claims regarding the

23 defendants’ franchise list and ranking, including obtaining information to be used
24 in connection with such list and ranking, shall commence immediately, and the
25 parties shall submit to expedited discovery as follows:
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a.

Rieva Lesonsky shall submit to deposition on 48 hours’ notice;

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b.

Maria Anton shall submit to deposition on 48 hours’ notice;

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c.

The person(s) most knowledgeable at AllBusiness.com

OC\977736.1
ATTORNEYS AT LAW
ORANGE COUNTY

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1 concerning the creation, promotion, calculation, marketing, selling, and/or
2 distribution of the franchise listing shall submit to deposition on 48 hours’ notice;
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d.

The person(s) most knowledgeable at EMI concerning the

4 creation, promotion, calculation, marketing, selling, use and/or distribution of its
5 Franchise 500® listing and trade secrets shall submit to deposition on 48 hours’
6 notice;
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e.

Tracy Stapp shall submit to deposition on 48 hours’ notice;

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f.

Emily Weisberg shall submit to deposition on 48 hours’ notice;

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g.

Each party may depose up to two additional individuals, to the

10 extent discovery discloses that such other individuals have information relevant to
11 EMI's trade secret claims on 48 hours’ notice;
h.

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The parties, upon filing of this Stipulation, shall immediately

13 work with each other to identify and disclose to each other’s counsel the method
14 by which they calculate their respective rankings to assist counsel in this matter;
i.

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To the extent practical and possible, depositions shall be

16 alternated between one Plaintiff deponent and one Defendant deponent, seriatim on
17 the same day;
j.

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All depositions, Requests for Production of Documents, or

19 other expedited discovery as understood in this Section, commencing prior to
20 November 7, 2008, may be designated as confidential “Attorney’s Eyes Only” (and
21 thus non-authorized people may not attend such depositions); and
k.

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The parties are permitted to immediately serve ten (10)

23 Requests for Production of Documents and Things, and responses to such Requests
24 for Production shall be served within five calendar (5) days of service. The
25 production of documents called for by such requests, and not subject to valid
26 objections, shall take place within three (3) calendar days of service of the
27 responses.
l.

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The parties may subsequently redepose these witnesses on other

OC\977736.1
ATTORNEYS AT LAW
ORANGE COUNTY

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1 topics.
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5.

The parties shall submit to this Court a Proposed Protective Order on

3 or before Friday, October 10, 2008, or as soon as practicable.
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5 Dated: October 20, 2008
Hon. David O. Carter

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OC\977736.1
ATTORNEYS AT LAW
ORANGE COUNTY

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PROOF OF SERVICE

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I am employed in the County of Orange, State of California. I am
over the age of 18 years and not a party to this action. My business address is
3 Latham & Watkins LLP, 650 Town Center Drive, 20th Floor, Costa Mesa, CA
92626-1925.
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On October 8, 2008, I served the following document described as:
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[PROPOSED] ORDER GRANTING JOINT STIPULATION
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REGARDING PRELIMINARY INJUNCTION HEARING
AND EXPEDITED DISCOVERY
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8 by serving a true copy of the above-described document in the following manner:
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BY U.S. MAIL
I am familiar with the office practice of Latham & Watkins LLP for
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collecting and processing documents for mailing with the United States Postal
11 Service. Under that practice, documents are deposited with the Latham & Watkins
LLP personnel responsible for depositing documents with the United States Postal
12 Service; such documents are delivered to the United States Postal Service on that
same day in the ordinary course of business, with postage thereon fully prepaid. I
13 deposited in Latham & Watkins LLP’ interoffice mail a sealed envelope or
package containing the above-described document and addressed as set forth
14 below in accordance with the office practice of Latham & Watkins LLP for
collecting and processing documents for mailing with the United States Postal
15 Service:
Richard H. Zaitlen
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Pillsbury Winthrop Shaw Pittman LLP
725 South Figueroa Street, Suite 2800
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Los Angeles, CA 90017-5406
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I declare that I am employed in the office of a member of the Bar of,
19 or permitted to practice before, this Court at whose direction the service was made
and declare under penalty of perjury under the laws of the United States of
20 America that the foregoing is true and correct.
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Executed on October 8, 2008, at Costa Mesa, California.

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Cindy Berry

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OC\977736.1
ATTORNEYS AT LAW
ORANGE COUNTY

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