Encompass Holdings Inc. v. Daly et al

Filing 12

ORDER. Signed by Judge Hamilton on 4/27/2009. (pjhlc1, COURT STAFF) (Filed on 4/27/2009)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ENCOMPASS HOLDINGS, INC., Plaintiff, v. CAREY F. DALY II, et al., Defendants. _______________________________/ Plaintiff Encompass Holdings, Inc. filed the above-entitled action on Friday, April 24, 2009. Also on April 24, 2009, plaintiff filed an "ex parte" application for a temporary restraining order ("TRO") and order to show cause re preliminary injunction. Plaintiff also filed a certificate of service, stating that defendants had been served with copies of the complaint and the motion papers on April 23, 2009, by e-mail and overnight mail. The court is unable to review the papers and set the hearing on the application for the TRO and order to show cause until plaintiff (a) either files a proof of service of the summons and complaint on defendants, showing service in accordance with Federal Rule of Civil Procedure 4; or files a signed notice and acknowledgment of receipt; and (b) provides the court with chambers copies of the complaint and the Declaration of J. Scott Webber in which the various exhibits to those two documents are tabbed. Once plaintiff has established that defendants have been properly served and has No. C 09-1816 PJH ORDER 1 2 3 4 5 6 7 8 9 10 provided the court with chambers copies that are in a format that is usable by the court, the court will review the papers and will issue an order setting a date for defendants to file an opposition, and a date for the hearing on the application for the TRO and the order showing cause. IT IS SO ORDERED. Dated: April 27, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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