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

Filing 8

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FORD MOTOR COMPANY,

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CIV. NO. 2:17-02481 WBS CMK

Plaintiff,

ORDER RE: MOTION FOR TEMPORARY
RESTRAINING ORDER

v.
NAVEX TRADING COMPANY, INC.
d/b/a NEW AUTOS INC.,
Defendant.

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Ford Motor Company (“Ford”) brought this action against

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defendant Navex Trading Company, Inc. (“Navex”) for intentional

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interference with contractual relations seeking, among other

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things, declaratory and injunctive relief to prevent the

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transfer, sale, or movement of a particular custom-made 2017 Ford

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GT sports car allegedly sold to non-party John Cena and displayed

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by defendant in its showroom.1

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Before the court is plaintiff’s

The Complaint also contains a claim for “Equitable
Servitude,” alleging that the a restriction upon resale in the
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Ex Parte Motion for Temporary Restraining Order filed November

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22, 2017.

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Motion on November 27, 2017.

(Docket No. 3.)

The court held a hearing on the

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Upon request of the court, defendant provided

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documentation to the court establishing that the vehicle at issue

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was sold to a third party on October 19, 2017.2

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concludes that plaintiff has not met its burden of showing that

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it is likely to suffer irreparable harm in the absence of the

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temporary injunctive relief requested against defendant.

The court

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this insufficient showing, the court will deny plaintiff’s

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Given

Motion.

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IT IS THEREFORE ORDERED that plaintiff’s Ex Parte

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Motion for Temporary Restraining Order (Docket No. 3) be, and the

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same hereby is, DENIED.

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IT IS FURTHER ORDERED that plaintiff shall file any

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motion for a preliminary injunction by December 1, 2017.

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Defendant’s opposition shall be filed by December 8, 2017.

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reply shall be filed by December 12, 2017.

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oral argument on plaintiff’s motion for a preliminary injunction

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on December 14, 2017 at 2:00 p.m. in Courtroom 5.

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Dated:

Any

The court will hold

November 27, 2017

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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.)
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Defendant’s representative also stated at the hearing
that the vehicle was no longer in its showroom.
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