AMEROPA AG et al v. Moore Agricultural Products Company, Inc.

Filing 25

STIPULATION and ORDER re Preliminary Injunction. The hearing currently set for 8/24/2007 at 11:00 AM before Judge Wanger has been vacated. Order signed by Judge Oliver W. Wanger on 8/22/2007. (Timken, A)

Case 1:07-cv-01182-OWW-NEW

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Filed 08/23/2007

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ROBERT A. BLEICHER (SBN 111334) HOLLAND & KNIGHT LLP 50 California Street, 28th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] SETH H. ROW (Admitted pro hac vice) HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue Portland, Oregon 97204 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs AMEROPA AG and AMEROPA NORTH AMERICA, INC.

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

AMEROPA AG; AMEROPA NORTH AMERICA, INC, Plaintiffs, v. MOORE AGRICULTURAL PRODUCTS COMPANY, INC., Defendant.

No.: 1:07-CV-01182-OWW-NEW STIPULATED PRELIMINARY INJUNCTION ORDER

THE PARTIES in this matter, AMEROPA AG and AMEROPA NORTH AMERICA, INC. ("Ameropa") and defendant MOORE AGRICULTURAL PRODUCTS, INC. ("Moore"), hereby stipulate and agree to a Preliminary Injunction to maintain the status quo pending the completion and execution of an agreement that has been reached between the parties, the terms of which are as follows: Moore shall purchase, via wire transfer to Ameropa, all quantities of

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[PROPOSED] STIPULATED PRELIMINARY INJUNCTION ORDER

Case 1:07-cv-01182-OWW-NEW

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zinc sulphate powder now existing at Moore's Hanford, California facility. Payment shall made at the agreed-upon price of $1,212.42 per metric ton. Payment shall be made within one business day of receipt by the parties of a report by Marine Technical Surveyors (MTS) setting forth the exact quantity of powder zinc sulphate at the Hanford, California facility, for the full amount of powder zinc sulphate as reported by MTS. NOW, THEREFORE, the parties having stipulated to the entry of an Order for the relief set forth below, the August 24, 2007 hearing on the Court's Order to Show Cause Re: Preliminary Injunction (Ct. Rec. 21) is hereby CANCELLED, AND, pursuant to Rule 65, Fed. R. Civ. P., it is ORDERED, that MOORE, its officers, agents, employees and attorneys and all those in active concert or participation with it or them who have received actual notice of this Order ARE HEREBY RESTRAINED AND ENJOINED, from: disposing of, using, processing, dissipating, contaminating, wasting, diverting, removing, or destroying, any of the product (zinc sulphate powder) shipped by AMEROPA to MOORE's Hanford, California facility, pending execution and completion of the wire transfer set forth in the agreement by the parties above, or failing completion of such transaction, arbitration of this action. Dated: August 22, 2007

____/s/ Oliver W. Wanger_____________ UNITED STATES DISTRICT JUDGE OLIVER W. WANGER

The entry of the Order set forth herein is stipulated to this ____of August, 2007, by: HOLLAND & KNIGHT LLP

By:

Robert A. Bleicher Attorneys for Plaintiffs AMEROPA AG and AMEROPA NORTH AMERICA, INC.

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[PROPOSED] STIPULATED PRELIMINARY INJUNCTION ORDER

Case 1:07-cv-01182-OWW-NEW

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Filed 08/23/2007

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[PROPOSED] STIPULATED PRELIMINARY INJUNCTION ORDER

The entry of the Order set forth herein is stipulated to this ____of August, 2007, by:

MOORE AGRICULTURAL PRODUCTS COMPANY, INC.
By:

Its:

Name Title

Approved as to form this _____ day of August, 2007, by: KLEIN, DENATALE, GOLDNER, COOPER, ROSEN & KIMBALL LLP

By:

T. Scott Belden Attorneys for Defendant MOORE AGRICULTURAL PRODUCTS COMPANY, INC.

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