The National Grange of the Order of Patrons of Husbandry v. California State Grange

Filing 282

ORDER re 278 Defendant's Ex Parte Application to Stay the Sale of the Name signed by Senior Judge William B. Shubb on 4/17/2019: This court will exercise its discretion and stay the sale of the name "California Guild" scheduled fo r 4/18/2019, to allow time for the issues to be fully briefed and argued. This matter is set for hearing on defendant's request for a stay on the sale of its name "California Guild" on 5/20/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file and serve supplemental briefs by 12:00 p.m. on 5/6/2019. The parties shall also address whether defendant should be required to post a bond pursuant to Federal Rule of Civil Procedure 62(b). (See document for further details.) (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE NATIONAL GRANGE OF THE
ORDER OF PATRONS OF
HUSBANDRY,
Plaintiff,

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No. 2:14-cv-676 WBS DB

ORDER

v.
CALIFORNIA GUILD, formerly
doing business as “California
Stage Grange,”
Defendant.

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----oo0oo----

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On April 17, 2018, this court reopened post-judgment

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proceedings, vacated judgment in the amount of $93,707.78, and

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ordered defendant to pay plaintiff an additional $9,000 in

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sanctions.

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court’s post-judgment order was still pending, plaintiff obtained

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a writ of execution as to the money judgment.

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In connection with execution of judgment, plaintiff filed a

(Docket No. 235.)

While defendant’s appeal of this

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(Docket No. 274.)

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notice of sale of defendant’s personal property in the form of

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its name “California Guild.”

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scheduled to take place on April 18, 2019.

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defendant filed an Ex Parte Application to Stay the Sale of the

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Name (Docket No. 278) and plaintiff filed an opposition to the

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application (Docket No. 281).

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(Docket No. 279.)

The sale is

On April 15, 2019,

Because defendant has put forth a colorable argument

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for why plaintiff may not be able to sell its trade name as a

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matter of state law, this court will exercise its discretion and

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stay the sale of the name “California Guild” scheduled for April

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18, 2019, to allow time for the issues to be fully briefed and

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argued.

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(“[T]he power to stay proceedings is incidental to the power

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inherent in every court to control the disposition of the causes

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on its docket with economy of time and effort for itself, for

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counsel, and for litigants.”).

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defendant’s request for a stay on the sale of its name

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“California Guild” on May 20, 2019 at 1:30 p.m. in Courtroom 5.

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The parties shall file and serve supplemental briefs by 12:00

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p.m. on May 6, 2019.

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defendant should be required to post a bond pursuant to Federal

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Rule of Civil Procedure 62(b).

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See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)

This matter is set for hearing on

The parties shall also address whether

IT IS SO ORDERED.
Dated:

April 17, 2019

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