Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 10

PROPOSED ORDER granting 7 Motion for Temporary Restraining Order. (Stein, Jerry) Modified on 4/4/2008 (Yin, K).

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 10

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JERRY H. STEIN (State Bar No. 78309) LEVIN & STEIN 28494 Westinghouse Place, Suite 201 Valencia, California 91355 Telephone: [phone] Facsimile: [phone] Email: [e-mail] KEN T. KUNIYUKI KUNIYUKI & CHANG Suite 2660, Pauahi Tower 1003 Bishop Street Honolulu, HI 96813-3429 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants and Counter-Claimants JOHN DOE and JANE DOE

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 ERIC GRANT, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
O R D E R GRANTING TEM P O R A R Y RESTRAINING ORDER AND SETTING HEARING FOR PRELIMINARY IN JU N C T IO N

) ) Plaintiff, ) v. ) KAMEHAMEHA SCHOOLS/BERNICE ) PAUAHI BISHOP ESTATE; J. DOUGLAS ING, ) NAINOA THOMPSON, DIANE J. PLOTTS, ) ROBERT K.U. KIHUNE, and CORBETT A.K ) KALAMA, in their capacities as Trustees of the ) Kamehameha Schools/ Bernice Pauahi Bishop ) Estate; JOHN DOE; and JANE DOE, ) ) Defendants. ) ) JOHN DOE; and JANE DOE, ) ) Counter-Claimants ) ) v. ) ) KAMEHAMEHA SCHOOLS/BERNICE ) PAUAHI BISHOP ESTATE; J. DOUGLAS ING, ) NAINOA THOMPSON, DIANE J. PLOTTS, ) ROBERT K.U. KIHUNE, and CORBETT A.K ) KALAMA, in their capacities as Trustees of the ) Kamehameha Schools/ Bernice Pauahi Bishop ) Estate; and ERIC GRANT, ) ) Counter-Defendants ) )

CASE NO.:08-00672 FCD-KSM [Proposed] ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING FOR PRELIMINARY INJUNCTION

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O R D E R GRANTING TEM P O R A R Y RESTRAINING ORDER AND SETTING HEARING FOR PRELIMINARY IN JU N C T IO N

The Court having considered John and Jane Doe's (The "Does") Cross-claim for Temporary Restraining Order; Preliminary Injunction; and Permanent Injunction; and for Declaratory Relief; the Does' application for a temporary restraining order and order to show cause; and the accompanying memorandum of points and authorities in support of the application and declarations of Jane Doe and Ken T. Kuniyuki, and it appearing to the Court that the case is a proper case for the granting of an order to show cause and a temporary restraining order: IT IS HEREBY ORDERED that defendants appear in Court Room: No. 2 of this Court located at 501 I Street, Sacramento, CA 95814 on ____________________, 2008, at ____ a.m. or as soon thereafter as the matter may be heard, then and there to show cause, if any, why cross- defendants Kamehameha Schools/Bernice Pauahi Bishop Estate; J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, and Corbett A.K. Kalama (collectively the "Estate") their officers, agents, employees, attorneys and representatives should not be enjoined and restrained during the pendency of this action from directly or indirectly disclosing the identities of the Does unless and until otherwise permitted by this Court in order to effectuate a writ of attachment or other order issued by this Court. IT IS FURTHER ORDERED that pending the hearing on the preliminary inunction the Estate their officers, agents, employees, attorneys and representatives are hereby enjoined and restrained from directly or indirectly disclosing the identities of the Does unless and until otherwise permitted by this Court in order to effectuate a writ of attachment or other order issued by this Court. IT IS HEREBY ORDERED that copies of the Does' Cross-Complaint, the Application and supporting declarations and this Order shall be served on the Estate not later than ____________, 2008; that any opposition filed by Estate shall be filed and served on the Does' counsel by ____________, 2008, and that any reply filed by the Does shall be filed and served on the Estate by ____________, 2008. IT IS HEREBY ORDERED that the Does are required to post a bond as provided in L.R. 65.1151 in the amount of $_________________. IT IS HEREBY ORDERED that any pleading, exhibit or other document filed with the Court

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that refers to the actual identities of the Does be filed under seal in this matter. This Order is issued on ____________, 2008 at ______. The Estate has the right to apply to the Court for modification or dissolution of this order on two (2) court days' notice by personal service or such other notice as the Court may allow. ____________________________ FRANK C. DAMRELL, JR., JUDGE OF THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA Approved as to form: LEVIN & STEIN By: /s/ Jerry H. Stein JERRY H. STEIN Attorneys for the Does

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O R D E R GRANTING TEM P O R A R Y RESTRAINING ORDER AND SETTING HEARING FOR PRELIMINARY IN JU N C T IO N