Mainstream Advertising, Inc. v. Moniker Online Services, LLC

Filing 7

ORDER (rslc1, COURT STAFF) (Filed on 8/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAINSTREAM ADVERTISING, INC.,

Case No. 17-mc-80102-RS

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER FOR BRIEFING

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MONIKER ONLINE SERVICES, LLC,
Defendant.

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This is a miscellaneous matter opened for purposes of registering a judgment the party

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denominated here as plaintiff, Mainstream Advertising, Inc., obtained against Moniker Online

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Services, LLC in a Southern District of Florida case originally filed by Moniker.

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On August 21, 2017, Mainstream filed a motion for a temporary restraining order seeking,

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essentially, an asset freeze. The matter was reassigned to the undersigned this afternoon.

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Mainstream has already obtained a judgment, and registered it here. Rule 69(a)(1) of the

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Federal Rules of Civil Procedure provides: “A money judgment is enforced by a writ of execution,

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unless the court directs otherwise. The procedure on execution—and in proceedings

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supplementary to and in aid of judgment or execution—must accord with the procedure of the

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state where the court is located, but a federal statute governs to the extent it applies.” Mainstream

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has shown neither that equitable injunctive relief is procedurally appropriate, nor that it is

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necessary, given the rights a judgment creditor has to obtain judgment liens under California law

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as incorporated by Rule 69. Furthermore, “[t]he procedural posture of this case does not lend

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itself to the legal analysis normally applicable to requests for temporary restraining orders and

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preliminary injunctions . . . .” Rolex Watch U.S.A., Inc. v. Zhou, 2009 WL 10674286, at *2 (C.D.

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Cal. Apr. 14, 2009)

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No later than Thursday, August 24, 2017, at 5:00 p.m., Mainstream may file a

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supplemental brief, not to exceed 7 pages, presenting any authority it may have to support the

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procedural propriety and the necessity of issuing an equitable asset freeze under these

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circumstances, responding to this order and the points set out in Rolex Watch. Mainstream shall

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also make all reasonable efforts to ensure that appropriate legal representatives of Moniker receive
actual notice and a copy of this order forthwith, and shall file a declaration describing those

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United States District Court
Northern District of California

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efforts.

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Moniker may file any response to this motion by the same 5:00 p.m. deadline on August

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24th. The matter will then be submitted for decision or set for hearing, in the court’s discretion.

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IT IS SO ORDERED.

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Dated: August 22, 2017
______________________________________
RICHARD SEEBORG
United States District Judge

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CASE NO.

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17-mc-80102-RS