Loop AI Labs, Inc. v. Gatti et al

Filing 12

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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LOOP AI LABS INC, Case No. 15-cv-00798-HSG Plaintiff, 8 ORDER REGARDING EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER v. 9 10 ANNA GATTI, et al., Re: Dkt. No. 9 Defendants. United States District Court Northern District of California 11 12 On March 3, 2015, Plaintiff Loop AI Labs, Inc. moved ex parte for entry of a temporary 13 restraining order (“TRO”) and order to show cause regarding preliminary injunctive relief against 14 the named Defendants in this action. See Dkt. No. 9. 15 On the record presented, the Court cannot conclude that the requirements of Federal Rule 16 of Civil Procedure 65 are met so as to permit issuance of a TRO without notice. See Fed. R. Civ. 17 P. 65(b)(1)(A) (court may issue temporary restraining order without notice to the adverse party 18 only if “specific facts in an affidavit or a verified complaint clearly show that immediate and 19 irreparable injury, loss, or damage will result to the movant before the adverse party can be heard 20 in opposition.”). 21 Plaintiff is directed to serve the documents submitted to the Court under Docket Numbers 22 9, 10, 11 (the ex parte motion and supporting documents) and 12 (this order) on all named 23 Defendants by no later than 5 p.m. PST on Thursday, March 5, 2015. Service of these documents 24 may be effected on Defendants Almaviva S.p.A. and Almaware S.r.l. through the Italian Certified 25 Electronic Mail system known as the “Posta Elettronica Certificate” or “PEC.” Plaintiff shall 26 contact attorney Richard E. Levine – who represented on March 2, 2015 that he was authorized to 27 accept service of the complaint on behalf of Defendant Gatti, see Dkt. No. 11-5 – to determine if 28 he will accept service of the TRO papers and this order. Plaintiff is directed to immediately notify 1 the Court if Mr. Levine declines to accept service on behalf of Defendant Gatti. 2 Any Defendant opposing the relief sought by Plaintiff must file a response with this Court 3 by no later than Monday, March 9, 2015. The Court will notify the parties whether a hearing will 4 be held. 5 6 7 8 IT IS SO ORDERED. Dated: 3/4/2015 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?