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)

Download PDF
1 DYKEMA GOSSETT LLP Tamara A. Bush (SBN: 197153) 2 tbush@dykema.com Ashley R. Fickel (SBN: 237111) 3 afickel@dykema.com 333 South Grand Avenue 4 Suite 2100 Los Angeles, CA 90071 5 Telephone: (213) 457-1800 Facsimile: (213) 457-1850 6 Attorneys for Plaintiff 7 FORD MOTOR COMPANY 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 11 333 SOUTH GRAND AVENUE SUITE 2100 LOS ANGELES, CA 90071 DYKEMA GOSSETT LLP 10 12 FORD MOTOR COMPANY, Plaintiff, 13 14 vs. 15 NAVEX TRADING COMPANY, INC. d/b/a NEW AUTOS INC., 16 Defendant. 17 18 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 19 20 21 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. 25 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. 1 STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION 1 WHEREAS, on November 27, 2017, this court held a hearing on Ford’s 2 Application for Temporary Restraining Order and denied same. 3 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 12 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. 15 IT IS THEREFORE STIPULATED BETWEEN THE PARTIES THAT: 16 1. The briefing schedule and hearing date for Ford’s not-yet-filed Motion 17 for Preliminary Injunction be vacated. 18 19 Dated: December 1, 2017 DYKEMA GOSSETT LLP 20 By: /s/ Tamara A. Bush Tamara A. Bush Ashley R. Fickel Attorneys for Plaintiff FORD MOTOR COMPANY 21 22 23 24 25 AS AUTHORIZED ON: 26 Dated: December 1, 2017 27 28 MILES MCLEOD, APLC By: /s/ Brady D. McLeod Brady D. McLeod Attorneys for Defendant NAVEX TRADING COMPANY, INC. d/b/a NEW AUTOS INC. 1 STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION 1 [PROPOSED] ORDER 2 3 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. 8 9 IT IS SO ORDERED. 11 DATED: December 6, 2017 333 SOUTH GRAND AVENUE SUITE 2100 LOS ANGELES, CA 90071 DYKEMA GOSSETT LLP 10 By: /s/ Hon. John A. Mendez for HON. WILLIAM B. SHUBB 12 13 14 15 16 4814-9544-1495.1 ID\BUSH, TAMARA - 106148\000108 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER TO VACATE THE HEARING AND BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?