Seed Services, Inc. v. Winsor Grain, Inc., et al

Filing 51

ORDER setting up a briefing schedule for Preliminary Injunction signed by Chief Judge Anthony W. Ishii on 12/6/2011. (Briefing Deadline: 12/7/2011; Defendants Opposition Deadline: 12/9/2011; Plaintiffs Replies due by 12/13/2011; Preliminary Injunction Motion Hearing set for 12/16/2011 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii) (Figueroa, O)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

SEED SERVICES, INC., a California
corporation,

)
)
)
Plaintiff,
)
)
v.
)
)
WINSOR GRAIN, INC., a Minnesota
)
corporation, WILLIAM L. COOK, an
)
individual, and DOES 1 through 35,
)
inclusive,
)
)
Defendants.
)
____________________________________ )
)
)
WILLIAM L. COOK, an individual, and )
WINDSOR GRAIN, INC., a Minnesota
)
corporation,
)
)
Counterclaimants,
)
)
v.
)
)
SEED SERVICES, INC., a California
)
corporation,
)
)
Counterdefendant.
)
)
____________________________________ )

CASE NO. 1:10-CV-2185 AWI GSA
ORDER SETTING UP A BRIEFING
SCHEDULE FOR PRELIMINARY
INJUNCTION

24
25
26

On December 1, 2011, Plaintiff Seed Services, Inc. (“Seed Services”) made a motion for

27

temporary restraining order and order to show cause why a preliminary injunction should not

28

issue. Doc. 39. Plaintiff has given notice to Defendants and set up a hearing on the matter on
1

1

December 5, 2011. Having reviewed the papers, the court has determined that the matter is best

2

handled as a full preliminary injunction motion. In key part, the court notes that Plaintiff has not

3

provided any briefing on what bond amount if any is appropriate to support a temporary

4

restraining order. This information is necessary to determine whether an order should issue.

5

It is ORDERED that:

6

The December 5, 2011 hearing is vacated.

7

Plaintiff will file additional briefing discussing the appropriate amount of security to

8

support a preliminary injunction by 1:00 PM, Wednesday, December 7, 2011.
Defendants will file an opposition by 4:00 PM, Friday, December 9, 2011.

9
10

Plaintiffs will file a reply by 4:00 PM, Tuesday, December 13, 2011.

11

A hearing on the preliminary injunction will be held at 3:00 PM, Friday, December 16,

12

2011.

13

IT IS SO ORDERED.

14
15

Dated:
0m8i78

December 6, 2011
CHIEF UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2