Sony Ericsson Mobile Communications AB v. Delta Electronics (Thailand) Public Company Limited

Filing 49

TEMPORARY RESTRAINING ORDER. Signed by Judge Maxine M. Chesney on April 8, 2009. (mmclc1, COURT STAFF) (Filed on 4/8/2009)

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1 SHEPPARD MULLIN RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 2 CHARLES S. DONOVAN, Cal. Bar No. 103667 3 BRIAN R. BLACKMAN, Cal. Bar No. 196996 ELISE SARA, Cal. Bar. No. 253813 4 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 5 Telephone: 415-434-9 100 Facsimile: 415-434-3947 6 Email: 7 Attorneys for Petitioner SONY ERICSSON MOBILE 8 COMMU NICATI ONS AB 9 10 11 12 SONY ERICSSON MOBILE COMMUNICATIONS AB, 13 Petitioner, 14 v. 15 DELTA EL ECTR ONI CS (THAI LAND) 16 PUBLIC COMPANY LIMITED, also known as, "DELTA ELECTRONICS 17 PUBLIC COMPANY LIMITED (THAILAN D)," 18 Respondent. 19 20 21 UPON APPLICATION of Petitioner, Sony Ericsson Mobile Case No. 3:09-CV-01326 MMC TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 22 Communications AB ( Sony Ericsson ), for issuance of a temporary restraining order pending 23 LET PETITIONER SHOW CAUSE before the Honorable Maxine Chesney, 24 United States District Judge, at 450 Golden Gate Avenue, San Francisco, California on the 25 ____ day of April, 2009, at _________: (1) why an Order attaching the assets of Delta 26 Electronics (Thailand) Public Company Limited ( Delta ) in the State of California up to 27 $4,287,555.93 should not be entered; (2) why judgment should not be entered on the 28 the Court's determination of Petitioner's Application for a Writ of Attachment W02-WEST:5DC\401470024.1 -1- TEMPORARY RESTRAINING ORDER & OSC NO. 3:09-CV-01326 MMC 1 arbitration award dated June 30, 2008 (the Award ), in favor of Sony Ericsson and 2 against Delta; and (3) granting Petitioner attorney s fees and costs of this proceeding. 3 IT IS FU RTHER O RD ERED that an y a ns weri ng papers b e served up on 4 counsel for Sony Ericsson, no later than April __, 2009. 5 and IT appearing that immediate and irreparable injury, loss or damage would sought before the 6 result to the Petitioner before notice can be served and a hearing had if Respondent Delta is 7 allowed to instruct garnishees to distribute or otherwise transfer the sum sought, it is 8 9 Court has had the opportunity to rule on the application for a writ of attachment, it is ORDERED: 1. the application, Pending the hearing and determination of this motion, garnishees 10 Bank of America, Citibank, Deutsche Bank, HSBC USA Bank NA, JPMorgan Chase 11 Bank, Standard Chartered Bank, and The Bank of New York, (the Garnishees ) be and 12 hereby are enjoined and restrained from distributing or otherwise transferring up to the 13 sum of $4,287,555.93, held by one or more of the Garnishees for the benefit of Delta; 14 2. To the extent any garnishee holds funds restrained by an order issued 15 by the United States District Court for the Southern District of New York in "Sony 16 Ericsson Mobile Communications AB, Petitioner v. Delta Electronics Public Company 17 Limited (Thailand), Respondent," Case No. 09-00995, those funds shall count against the 18 amount restrained under the preceding paragraph but shall also be subject to this 19 restraining order; 20 3. An agent of Petitioner's counsel be and is hereby appointed, in 21 addition to the United States Marshal, to serve this Temporary Restraining Order and the 22 Verified Petition, and any interrogatories, upon the Garnishee(s), together with any other 23 garnishee(s) who (based upon information developed subsequently by Petitioner) may hold 24 assets of, for, or on behalf of the Respondent; 25 26 27 28 W02WEST:5DC\401470024.1 -2- TEMPORARY RESTRAINING ORDER & OSC NO. 3:09-CV-01326 MMC 1 4. If the Court grants Petitioner's application for a right to attach order 2 and issuance of a writ of attachment, the restraint referred to in paragraph 1 and 2 of this 3 Order shall cease upon service upon a Garnishee of a writ of attachment issued in this 4 action. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02WEST:5DC\401470024.1 Dated: April 8, 2009 __________________________________________ United States District Judge -3- TEMPORARY RESTRAINING ORDER & OSC NO. 3:09-CV-01326 MMC

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