Loop AI Labs, Inc. v. Gatti et al
Filing
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ORDER REGARDING EX PARTE 9 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 3/4/2015. (ndr, COURT STAFF) (Filed on 3/4/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LOOP AI LABS INC,
Case No. 15-cv-00798-HSG
Plaintiff,
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ORDER REGARDING EX PARTE
MOTION FOR TEMPORARY
RESTRAINING ORDER
v.
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ANNA GATTI, et al.,
Re: Dkt. No. 9
Defendants.
United States District Court
Northern District of California
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On March 3, 2015, Plaintiff Loop AI Labs, Inc. moved ex parte for entry of a temporary
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restraining order (“TRO”) and order to show cause regarding preliminary injunctive relief against
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the named Defendants in this action. See Dkt. No. 9.
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On the record presented, the Court cannot conclude that the requirements of Federal Rule
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of Civil Procedure 65 are met so as to permit issuance of a TRO without notice. See Fed. R. Civ.
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P. 65(b)(1)(A) (court may issue temporary restraining order without notice to the adverse party
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only if “specific facts in an affidavit or a verified complaint clearly show that immediate and
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irreparable injury, loss, or damage will result to the movant before the adverse party can be heard
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in opposition.”).
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Plaintiff is directed to serve the documents submitted to the Court under Docket Numbers
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9, 10, 11 (the ex parte motion and supporting documents) and 12 (this order) on all named
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Defendants by no later than 5 p.m. PST on Thursday, March 5, 2015. Service of these documents
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may be effected on Defendants Almaviva S.p.A. and Almaware S.r.l. through the Italian Certified
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Electronic Mail system known as the “Posta Elettronica Certificate” or “PEC.” Plaintiff shall
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contact attorney Richard E. Levine – who represented on March 2, 2015 that he was authorized to
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accept service of the complaint on behalf of Defendant Gatti, see Dkt. No. 11-5 – to determine if
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he will accept service of the TRO papers and this order. Plaintiff is directed to immediately notify
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the Court if Mr. Levine declines to accept service on behalf of Defendant Gatti.
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Any Defendant opposing the relief sought by Plaintiff must file a response with this Court
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by no later than Monday, March 9, 2015. The Court will notify the parties whether a hearing will
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be held.
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IT IS SO ORDERED.
Dated: 3/4/2015
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HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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