Ford Motor Company v. Navex Trading Company, Inc. d/b/a New Autos Inc.

Filing 10

STIPULATION and ORDER vacating the hearing and briefing schedule for preliminary injunction motion #9 signed by District Judge John A. Mendez for Senior Judge William B. Shubb on 12/6/2017. (Kirksey Smith, K)

1 DYKEMA GOSSETT LLP
Tamara A. Bush (SBN: 197153)
2 [e-mail]
Ashley R. Fickel (SBN: 237111)
3 [e-mail]
333 South Grand Avenue
4 Suite 2100
Los Angeles, CA 90071
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
7 FORD MOTOR COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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12 FORD MOTOR COMPANY,
Plaintiff,

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vs.

15 NAVEX TRADING COMPANY, INC.
d/b/a NEW AUTOS INC.,
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Defendant.
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Case No.: 2:17-cv--02481-WBS-CMK
_________
Assigned to Hon. William B. Shubb
Courtroom: 5
STIPULATION AND [PROPOSED]
ORDER TO VACATE THE
HEARING AND BRIEFING
SCHEDULE FOR PRELIMINARY
INJUNCTION MOTION
Complaint Filed: November 22, 2017

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WHEREAS, on November 22, 2017 Plaintiff Ford Motor Company (“Ford”)

22 filed a Complaint in this action against Defendant Navex Trading Company, Inc.
23 d/b/a New Autos, Inc. (“New Autos”) asserting causes of action for Intentional
24 Interference with Contract, Equitable Servitude and Declaratory Relief.
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WHEREAS, on November 22, 2017, Ford filed an Ex Parte Application for

26 Temporary Restraining Order against Defendant New Autos in which Ford sought an
27 order enjoining New Autos from transferring or otherwise disposing of the 2017 Ford
28 GT which is the subject of Ford’s complaint.
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STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING
SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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WHEREAS, on November 27, 2017, this court held a hearing on Ford’s

2 Application for Temporary Restraining Order and denied same.
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WHEREAS, during the November 27, 2017 hearing, Ford represented that it

4 would move forward with a Motion for Preliminary Injunction seeking the same
5 relief as the Temporary Restraining Order. Accordingly, the Court issued an order
6 setting a briefing schedule for the Motion for Preliminary Injunction as well as a
7 hearing date. See ECF DKT 8
8

WHEREAS, following the November 27, 2017 hearing, defendant submitted to

9 the court and provided to Ford paperwork regarding the legal ownership of the
11 to Ford’s counsel.
333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

10 subject vehicle. Counsel for defendant has also since provided additional information

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WHEREAS, in light of the information shared by New Autos since the

13 November 27, 2017 hearing, Ford has determined not to move forward with a Motion
14 for Preliminary Injunction at this time.
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IT IS THEREFORE STIPULATED BETWEEN THE PARTIES THAT:

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1.

The briefing schedule and hearing date for Ford’s not-yet-filed Motion

17 for Preliminary Injunction be vacated.
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19 Dated: December 1, 2017

DYKEMA GOSSETT LLP

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By: /s/ Tamara A. Bush
Tamara A. Bush
Ashley R. Fickel
Attorneys for Plaintiff
FORD MOTOR COMPANY

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AS AUTHORIZED ON:

26 Dated: December 1, 2017
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MILES MCLEOD, APLC
By: /s/ Brady D. McLeod
Brady D. McLeod
Attorneys for Defendant
NAVEX TRADING COMPANY,
INC. d/b/a NEW AUTOS INC.

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STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING
SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

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[PROPOSED] ORDER

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Having reviewed the Parties’ Stipulation and [Proposed] Order To Vacate the

4 Hearing and Briefing Schedule for Preliminary Injunction Motion, and for good cause
5 appearing, IT IS HEREBY ORDERED THAT:
6

1.

The briefing schedule and hearing date for Ford’s not-yet-filed Motion

7 for Preliminary Injunction be vacated.
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9 IT IS SO ORDERED.
11 DATED: December 6, 2017
333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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By: /s/ Hon. John A. Mendez
for HON. WILLIAM B. SHUBB

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4814-9544-1495.1
ID\BUSH, TAMARA - 106148\000108

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STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING
SCHEDULE FOR PRELIMINARY INJUNCTION MOTION