Calson Management, LLC v. Capella Solutions, LLC et al

Filing 9

ORDER signed by Senior Judge William B. Shubb on 8/2/22 GRANTING 4 Plaintiff Calson Management's Motion for a Temporary Restraining Order. Capella Solution, LLC shall restore, within 24 hours of the issuance of this order, Calson Management full access to its end user information stored on Amazon Web Services by Capella Solutions. Capella Solution shall appear at the Show Cause Hearing set for 9/12/2022 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and show caus e, if there is any, why this Court should not enter a preliminary injunction requiring it to permanently restore Calson Management full access to Calson Management's end user information stored on Amazon Web Services by Capella Solutions. A mot ion for a preliminary injunction must be filed and personally served by Calson Management on Capella Solution's counsel no later than 8/15/22. Any response or opposition must be filed and personally served by Capella Solutions on Calson Manageme nt's counsel no later than 9/6/22. Any reply to Capella Solution's opposition must be filed by Calson Management by 9/7/22. Calson Management is required to post security in the amount of $50,000 by Friday, 8/5/22. On two days' notice to Calson Management, Capella Solution may appear and move to dissolve or modify the order. (Kastilahn, A)

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1 ARTHUR GAUS (CA SBN 289560) JULIANNA BRAMWELL (CA SBN 339794) 2 KAUFMAN DOLOWICH & VOLUCK, LLP 425 California Street, Suite 2100 3 San Francisco, California 94104 Telephone: (415) 926-7600 4 Facsimile: (415) 926-7601 E-mail: agaus@kdvlaw.com, jbramwell@kdvlaw.com 5 BRANDON ALEXANDER KLINE 6 GENERAL COUNSEL OF CALSON MANAGEMENT 7 2020 Fifth Street P.O. Box 4427 8 Davis, CA 95617 Telephone: (530) 564-6454 9 Facsimile: (530) 231-0140 Email: generalcounsel@calsonmanagement.com 10 11 Attorneys for Plaintiff CALSON MANAGEMENT, LLC 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTICT OF CALIFORNIA 15 16 CALSON MANAGEMENT, LLC, Plaintiff, 17 18 Case No. 2:22-cv-01334-WBS-CKD v. 19 CAPELLA SOLUTIONS, LLC, A TEXAS LIMITED LIABILITY COMPANY; AND 20 RASHEED MOHAMMED KHAIR RABATA, AN INDIVIDUAL. 21 Defendant. 22 23 ORDER GRANTING PLAINTIFF CALSON MANAGEMENT’S TEMPORARY RESTRAINING ORDER. Date: August 1, 2022 Time:10:30 AM Judge: The above-entitled matter came on for hearing on August 1, 2022, at 10:30 a.m. in 24 Courtroom 5 of the above-entitled Court, the Honorable William B. Shubb presiding. 25 Appearances included: Arthur Gaus with Kaufman Dolowich & Voluck, LLP appearing on behalf 26 of Plaintiff Calson Management and Landon Bailey as local counsel appearing for Defendant 27 Cappella Solutions, LLC, and Defendant Rasheed Mohammed Khair Rabata. 28 -1ORDER Having read and considered Plaintiff’s Application for Temporary Restraining Order, 1 2 Complaint, affidavits, and all of the papers on file in this action, and having heard argument of 3 counsel, and good cause appearing, the Court determines as follows: 4 I. Plaintiff Calson Management’s Application for a Temporary Restraining Order is 5 6 7 8 THE TEMPORARY RESTRAINING ORDER IS GRANTED GRANTED pursuant to Federal Rule of Civil Procedure 65 and Capella Solution, LLC and all those acting on its behalf shall restore, within 24 hours of the issuance of this order, Calson Management full access to its end user information stored on Amazon Web Services by Capella Solutions. 9 II. ORDER TO SHOW CAUSE HEARING 10 IT IS FURTHER HEREBY ORDERED that Capella Solution shall appear before this court on 11 the 12th day of September 2022, at 10 a.m., to show cause, if there is any, why this Court should 12 not enter a preliminary injunction requiring it to permanently restore Calson Management full 13 access to Calson Management’s end user information stored on Amazon Web Services by Capella 14 Solutions. 15 A motion for a preliminary injunction must be filed and personally served by Calson 16 Management on Capella Solution’s counsel no later than August 15, 2022. Any response or 17 opposition to this motion must be filed and personally served by Capella Solutions on Calson 18 Management’s counsel no later than on September 6, 2022. Any reply to Capella Solution’s 19 opposition must be filed by Calson Management by September 7, 2022. 20 III. SECURITY 21 IT IS FURTHER ORDERED THAT pursuant to Federal Rule of Civil Procedure 65(c), Calson 22 Management is required to post security in the amount of $50,000 by Friday, August 5, 2022. 23 IV. 24 MOTION TO DISSOLVE According to Federal Rule of Civil Procedure 65(b), on two (2) days’ notice to Calson 25 Management, Capella Solution may appear and move to dissolve or modify the order. 26 /// 27 /// 28 -2ORDER 1 2 3 IT IS SO ORDERED Dated: August 2, 2022 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3ORDER

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