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

Filing 80

ORDER re: additional briefing and resetting the Motion for Preliminary Injunction Hearing for 4/13/2012 at 02:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Hearing date of April 2, 2012 is vacated. signed by Chief Judge Anthony W. Ishii on 3/29/12. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEED SERVICES, INC., a California
corporation,

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

CASE NO. 1:10-CV-2185 AWI GSA
ORDER RE: ADDITIONAL
BRIEFING FOR PRELIMINARY
INJUNCTION MOTION AND
RESETTING HEARING DATE

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Plaintiff Seed Services made a motion for a temporary restraining order and preliminary

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injunction. Doc. 66. The temporary restraining order was granted during the pendency of

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briefing for preliminary injunction. Doc. 70. Defendants have filed an opposition to the

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preliminary injunction Doc. 75. Having examined the briefing provided by the parties, the court

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finds that additional evidence concerning CLAC and Cook Land and Cattle Pty. Ltd. is required.

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Defendants argue that the potentially infringing actions of CLAC can not be enjoined by this

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court. Seed Services argues that CLAC is really a company owned and/or controlled by

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Defendant William Cook called Cook Land and Cattle Pty. Ltd. Defendants have not

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satisfactorily addressed Seed Services’s allegation or even confirmed that CLAC and Cook Land

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and Cattle are the same entity.
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IT IS ORDERED,

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The hearing on the motion for preliminary injunction is reset for 2:00 PM on April 13,

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2012.
The parties are directed to provided additional briefing and evidence on CLAC and Cook

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Land and Cattle Pty. Ltd. Specifically both parties must clarify what relationship this entity (or

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these entities) has with Defendant William Cook and the trademarks in question. Defendants are

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on notice that the court expects a detailed declaration from Mr. Cook himself. Mr. Cook must

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account for all of his dealings with or on behalf of CLAC/Cook Land and Cattle. Parties must

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file their additional briefing by 4:00 PM on April 9, 2012.

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The temporary restraining order is extended through the new hearing date. The $25,000

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bond already provided by Seed Services is sufficient security.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 29, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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