General Electric Company, et al. v. Wilkins

Filing 55

ORDER re: October 1, 2010 Status Conference re: Dispute re: Temporary Restraining Order 50 . Motion Hearing set for 10/18/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 10/5/2010. (Kusamura, W)

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GLYNN & FINLEY, LLP CLEMENT L. GLYNN, State Bar No. 57117 JAMES M. HANLON, JR., State Bar No. 214096 JONATHAN A. ELDREDGE, State Bar No. 238559 One Walnut Creek Center 100 Pringle Avenue, Suite, 500 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] KLARQUIST SPARKMAN, LLP JEFFREY S. LOVE, State Bar No. 195068 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204-2988 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiffs GENERAL ELECTRIC COMPANY AND GE WIND ENERGY, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) GENERAL ELECTRIC COMPANY, a New ) York corporation; and GE WIND ENERGY, ) LLC, a Delaware limited liability company, ) ) Plaintiffs, ) ) vs. ) ) THOMAS WILKINS, an individual, ) ) Defendant. ) ) Case No. CV 10-00674-OWW-JLT ORDER RE: OCTOBER 1, 2010 STATUS CONFERENCE RE: DISPUTE RE: TEMPORARY RESTRAINING ORDER (DOCKET NO. 50)

This matter came before the Court for a status conference regarding a dispute concerning the Stipulated Temporary Restraining Order and Scheduling Order (Docket No. 38). The Court having read and considered the parties' papers and hearing counsels' argument at the October 1, 2010 status conference, hereby ORDERS as follows: /// ORDER RE OCTOBER 1, 2010 STATUS CONFERENCE -1-

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DEAC_Signature-END:

1.

The Temporary Restraining Order and Scheduling Order (Docket No. 38) remains in full force and effect until the hearing on plaintiffs General Electric Company's and GE Wind Energy, LLC's (collectively "GE") Motion for Preliminary Injunction (Docket No. 15).

2.

The Motion for Preliminary Injunction will be heard on October 18, 2010 at 11:00 a.m. before this Court.

3.

Defendant Thomas Wilkins ("Wilkins") may file an opposition to the Motion for Preliminary Injunction on or before October 8, 2010.

4.

GE may file a reply brief for the Motion for Preliminary Injunction on or before October 14, 2010 at 12:00 p.m. GE shall serve the reply and any supporting papers on counsel for Wilkins electronically at the time it is filed.

5.

GE may take the deposition of Wilkins, and Wilkins may take the deposition of GE's witnesses who filed declarations in support of GE's Motion for Preliminary Injunction. The depositions are to be limited-scope depositions to address only the issues in GE's Motion for Preliminary Injunction. The parties are to meet and confer as to the dates and locations of the depositions, which shall occur in California. If the parties are unable to agree as to the location, the depositions shall take place at the United States Courthouse located in Fresno, California.

6.

The costs associated with the depositions of Mr. Wilkins and GE's witnesses, including travel, hotel and related costs, and deposition transcript costs, are recoverable pursuant to Federal Rules of Civil Procedure, Rule 54(d) to the prevailing party in this action.

IT IS SO ORDERED. Dated:

October 5, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

27 emm0d64h 28 -2ORDER RE OCTOBER 1, 2010 STATUS CONFERENCE