Bryan Pringle v. William Adams Jr et al

Filing 30

MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 15 . (rla)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 10-1656-JST (RZx)
Title: Bryan Pringle v. William Adams, Jr., et al.

Date: November 24, 2010

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Nancy Boehme for
Ellen Matheson
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND ORDER TO
SHOW CAUSE RE PRELIMINARY INJ UNCTION (Doc. 15)

On November 22, 2010, Plaintiff filed an Ex Parte Application for a
Temporary Restraining Order and an Order to Show Cause for Preliminary
Injunction. (Doc. 15.) Defendants filed their Opposition the following day. (Doc.
22.) The Court DENIES the Ex Parte Application because Plaintiff has failed to
show good cause as to why he requires ex parte relief.
Ex parte applications are solely for extraordinary relief where “the moving
party’s cause will be irreparably prejudiced if the underlying motion is heard
according to regular noticed procedures.” Mission Power Eng’g Co. v. Cont’l
Casualty Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). In this case, as Plaintiff
admits, the allegedly infringing song in question was released in 2009, and has
been widely performed, sold, and marketed since. (Mem. of P. & A. in Supp. of
Pl.’s Ex Parte Appl. at 6, Doc. 15-1.) Plaintiff has not shown why he would suffer
irreparable harm if a motion for injunctive relief were heard according to a
regularly-noticed motion.
For the foregoing reason, the Court DENIES Plaintiff’s Ex Parte Application
for Temporary Restraining Order and Order to Show Cause for Preliminary
Injunction.
Initials of Preparer: nkb
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CIVIL MINUTES – GENERAL
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