Todaro v. World Fuel Services, Inc.

Filing 12

ORDER REGARDING 2 PLAINTIFF'S EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Claudia Wilken on June 12, 2012. (cwlc2, COURT STAFF) (Filed on 6/12/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARCELLO TODARO, 5 Plaintiff, 6 7 v. WORLD FUEL SERVICES, INC., 8 9 Defendant. ORDER REGARDING PLAINTIFF’S EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER (Docket No. 2) ________________________________/ 10 United States District Court For the Northern District of California No. C 12-3012 CW Plaintiff Marcello Todaro has submitted an ex parte 11 application for a temporary restraining order, declaring that the 12 non-compete provisions of his 2004 Employment Agreement with 13 Defendant World Fuel Services, Inc. are void and unenforceable and 14 that he is free to work for Chemoil Corporation, and enjoining 15 Defendant from attempting to enforce those provisions against him 16 in any forum other than this Court. 17 Plaintiff has not made a sufficient showing to obtain an ex 18 parte temporary restraining order. 19 Plaintiff’s motion until Defendant has an opportunity to respond. 20 Plaintiff must file proof of the date and time that he has served 21 Defendant with his complaint, motion for a temporary restraining 22 order, supporting declarations, proposed order and this Order. 23 Defendant shall file a response to Plaintiff’s motion for a 24 temporary restraining order by 12:00 p.m. three court days after 25 it has been served with the aforementioned documents. 26 may, if he wishes, file a reply by 12:00 p.m. the following court 27 day. 28 The Court will defer ruling on Plaintiff 1 The Court will take the matter under submission on the papers 2 and schedule a hearing on Plaintiff’s motion for a preliminary 3 injunction as appropriate. 4 IT IS SO ORDERED. 5 6 7 Dated: June 12, 2012 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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