Levi Strauss & Co., v. Aqua Dynamics Systems, Inc.

Filing 29

ORDER DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER AND SETTING HEARING FOR MOTION FOR PRELIMINARY INJUNCTION - 26 MOTION for Temporary Restraining Order will be treated as a motion for preliminary injunction. Response due by 3/2/2016. Reply due by 3/9/2016. Motion Hearing set for 3/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 02/16/2016. (jmdS, COURT STAFF) (Filed on 2/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEVI STRAUSS & CO.,

Case No. 15-cv-04718-WHO

Plaintiff,
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v.
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AQUA DYNAMICS SYSTEMS, INC.,
Defendant.

United States District Court
Northern District of California

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ORDER DENYING MOTION FOR A
TEMPORARY RESTRAINING ORDER
AND SETTING HEARING FOR
MOTION FOR PRELIMINARY
INJUNCTION
Re: Dkt. No. 26

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Plaintiff’s ill-timed motion for a temporary restraining order is DENIED. It waived any

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claim of emergency: the arbitration it seeks to stop was demanded on September 15, 2015, was

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commenced by JAMS on December 23, 2015, and had arbitrators selected by January 22, 2016,

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yet plaintiff waited until the afternoon of February 12, 2016 to seek a TRO. Nor is any emergency

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apparent. The motion mentions no impending hearing date. The only apparent threatened damage

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is that JAMS wants payment for the arbitrators; money damages do not constitute irreparable

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injury.

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The motion will be treated as a motion for a preliminary injunction and will be heard on

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March 30, 2016, along with defendant’s motion to dismiss. Defendant may file an opposition on

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March 2, 2016, and plaintiff may reply on March 9, 2016.

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IT IS SO ORDERED.
Dated: February 16, 2016
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WILLIAM H. ORRICK
United States District Judge