Ford Motor Company v. Navex Trading Company, Inc. d/b/a New Autos Inc.
ORDER re 3 Plaintiff's Motion for Temporary Restraining Order signed by Senior Judge William B. Shubb on 11/27/2017: IT IS ORDERED that 3 Plaintiff's Ex Parte Motion for Temporary Restraining Order be, and the same hereby is, DENIED . IT IS FURTHER ORDERED that plaintiff shall file any motion for a preliminary injunction by 12/1/2017. Defendant's opposition shall be filed by 12/8/2017. Any reply shall be filed by 12/12/2017. The court will hold oral argument on Plaintiff's Motion for a Preliminary Injunction on 12/14/2017 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FORD MOTOR COMPANY,
CIV. NO. 2:17-02481 WBS CMK
ORDER RE: MOTION FOR TEMPORARY
NAVEX TRADING COMPANY, INC.
d/b/a NEW AUTOS INC.,
Ford Motor Company (“Ford”) brought this action against
defendant Navex Trading Company, Inc. (“Navex”) for intentional
interference with contractual relations seeking, among other
things, declaratory and injunctive relief to prevent the
transfer, sale, or movement of a particular custom-made 2017 Ford
GT sports car allegedly sold to non-party John Cena and displayed
by defendant in its showroom.1
Before the court is plaintiff’s
The Complaint also contains a claim for “Equitable
Servitude,” alleging that the a restriction upon resale in the
Ex Parte Motion for Temporary Restraining Order filed November
Motion on November 27, 2017.
(Docket No. 3.)
The court held a hearing on the
Upon request of the court, defendant provided
documentation to the court establishing that the vehicle at issue
was sold to a third party on October 19, 2017.2
concludes that plaintiff has not met its burden of showing that
it is likely to suffer irreparable harm in the absence of the
temporary injunctive relief requested against defendant.
this insufficient showing, the court will deny plaintiff’s
IT IS THEREFORE ORDERED that plaintiff’s Ex Parte
Motion for Temporary Restraining Order (Docket No. 3) be, and the
same hereby is, DENIED.
IT IS FURTHER ORDERED that plaintiff shall file any
motion for a preliminary injunction by December 1, 2017.
Defendant’s opposition shall be filed by December 8, 2017.
reply shall be filed by December 12, 2017.
oral argument on plaintiff’s motion for a preliminary injunction
on December 14, 2017 at 2:00 p.m. in Courtroom 5.
The court will hold
November 27, 2017
contract was an equitable servitude which is enforceable against
those who acquire the 2017 Ford GT, and due to defendant’s breach
of this equitable servitude, plaintiff “is entitled to an order
that [defendant] hold[s] the 2017 Ford GT in constructive trust
for Ford.” (Compl. ¶¶ 28-31.)
Defendant’s representative also stated at the hearing
that the vehicle was no longer in its showroom.
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