Muzzi Family Farms, LLC v. East & West Gourmet Food, Inc. et al

Filing 15

ORDER GRANTING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER; REQUIRING DEFENDANTS TO DEPOSIT FUNDS WITHIN THREE CALENDAR DAYS OF PERSONAL SERVICE 4 . Responses due by 5/26/2016. Replies due by 6/2/2016. Preliminary Injunction Hearing set for 6/16/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 5/12/2016. (whalc2, COURT STAFF) (Filed on 5/12/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MUZZI FAMILY FARMS, LLC,

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For the Northern District of California

United States District Court

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No. C 16-02432 WHA

Plaintiff,
v.

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EAST & WEST GOURMET FOOD, INC.;
NAZIFA SIDIQ; RHATEB SIDIQ;
BILLAL SIDIQ,

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Defendants.

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ORDER GRANTING IN PART
MOTION FOR TEMPORARY
RESTRAINING ORDER;
REQUIRING DEFENDANTS
TO DEPOSIT FUNDS WITHIN
THREE CALENDAR DAYS OF
PERSONAL SERVICE

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Plaintiff Muzzi Family Farms, LLC, has filed an ex parte motion for a temporary

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restraining order against defendants East & West Gourmet Food, Inc., Nazifa Sidiq, Rhateb

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Sidiq, and Billal Sidiq. In response to the motion, an order required plaintiffs to promptly serve

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all defendants within twenty-four hours, ordered defendants to respond to the TRO motion, and

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set a hearing (Dkt. No. 10). Defendants did not show up at the hearing, though plaintiff

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reported that defendants had sent a check to plaintiff for $15,000.

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As stated at today’s hearing, plaintiff’s TRO motion is GRANTED IN PART. Plaintiff
shall promptly personally serve all defendants with this order. Within THREE CALENDAR DAYS
OF PLAINTIFF FILING ITS PROOFS OF PERSONAL SERVICE,

defendants shall deposit with the

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Court the sum of $47,121.60 (the principle owed minus $15,000), or pay that amount to

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plaintiff. If defendants do not deposit that amount or pay plaintiff within three calendar days of

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being personally served, then all defendants shall be temporarily restrained from spending any

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money on anything whatsoever, other than to facilitate payment to plaintiff, and are also

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restrained from accessing or using any bank account, other than for the purposes of paying

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plaintiff.

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Plaintiff is hereby ORDERED TO PROMPTLY PERSONALLY SERVE THIS ORDER ON ALL

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DEFENDANTS.

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plaintiff wishes to bind a bank to any action, however, it must file a noticed motion to freeze

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any assets in possession of that bank. A preliminary injunction hearing is hereby set for JUNE

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16, 2016, AT EIGHT A.M. Defendants shall file an opposition to plaintiff’s preliminary

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injunction motion by MAY 26. Plaintiff’s reply shall be filed by JUNE 2. Due to the nature of
the issue presented by this action, plaintiff is not required to deposit a bond.

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For the Northern District of California

United States District Court

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Plaintiff may serve a courtesy copy of this order on any of defendants’ banks. If

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IT IS SO ORDERED.

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Dated: May 12, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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