IMC Investment Group FE Winery, LLC v. Fairwinds Estate, LLC et al

Filing 17

ORDER Requiring Proof of Service and Setting Briefing Schedule and Hearing on Motion for Temporary Restraining Order. Proof of Service due by 3/17/2016 at 2:19 p.m. Responses due by 3/21/2016 at 2:00 p.m. Reply due by 3/22/2016 at 2:00 p.m. Motion Hearing set for 3/23/2016 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 03/16/2016. (jswlc1, COURT STAFF) (Filed on 3/16/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IMC INVESTMENT GROUP FE WINERY, LLC, 8 9 10 United States District Court Northern District of California 11 Plaintiff, v. FAIRWINDS ESTATE, LLC, et al., Defendants. Case No. 16-cv-01134-JSW ORDER REQUIRING PROOF OF SERVICE AND SETTING BRIEFING SCHEDULE AND HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER Re: Dkt. No. 6 12 13 Plaintiff’s memorandum in support of its “Ex Parte Application for Temporary Restraining 14 Order and Order to Show Cause Re Preliminary Injunction” states: “Immediately upon 15 preparation, copies of the moving papers have been provided by mail and email to counsel for the 16 Defendants and efforts have been made to personally deliver the papers to all Defendants.” (Dkt. 17 No. 7 at 12.) Plaintiff does not, however, provide a proof of service, or state that it has served the 18 Complaint upon Defendants. See N.D. Cal. Civil L.R. 65-1. Nor does the motion “include a 19 citation to the statue, rule or order which permits the use of an ex parte motion to obtain the relief 20 sought.” N.D. Cal. Civil L.R. 7-10; see also Fed. R. Civ. P. 65(b)(1)(B). Finally, the motion does 21 not set forth a date by which relief is required, or set forth “specific facts in an affidavit or a 22 verified complaint [that] clearly show that immediate and irreparable injury, loss, or damage will 23 result to the movant before the adverse party can be heard in opposition.” Fed. R. Civ. Pr. 24 65(b)(1)(A) (emphasis added). The motion and supporting declarations do, however, show that 25 this matter is time sensitive. Accordingly, the Court establishes the following schedule for an 26 opposition and reply to be filed on shortened time. 27 28 The Court hereby ORDERS that, within 24 hours after the filing of this order, Plaintiff must serve a copy of each of the following upon each Defendant and provide a proof of service to 1 this Court: (1) the Complai in this action; (2) all moving pap (includin Docket N 6-11, 16 s int pers ng Nos. 6, 2 and any other moving pape subseque d m ers ently filed); a (3) this o and order. If Pla aintiff has pr reviously 3 ser rved any of these documents on any Defendant, P t Plaintiff nee not re-serv those doc ed ve cuments, but t 4 mu file the pr ust roof of service with this Court. 5 Defend dants shall fil and serve any opposit le tion to the m motion for tem mporary rest training 6 ord by 2:00 p.m. on Marc 21, 2016. Plaintiff sh file and serve any re der p ch . hall eply by no la than ater 7 2:0 p.m. on March 22, 2016. The Cou shall hold a hearing o the motio at 2:00 p.m on March 00 M urt d on on m. h 8 23, 2016, in Co , ourtroom 5, 2nd Floor, Federal Cour F rthouse, 1301 Clay Stree Oakland, California. et, 9 If the Court fin the motio suitable for dispositio without oral argumen it shall notify the t nds on f on nt, 10 United States District Court Northern District of California 11 12 13 14 par rties by orde before 10:0 a.m. on March 23, 20 er 00 M 016. Service shall be ma by use of a valid ema address o by other m e ade f ail or means whereby the paper r is delivered on the date of service state in the proo of service d s ed of e. IT IS SO ORDER S RED. Da ated: March 16, 2016 1 15 16 JE EFFREY S. W WHITE Un nited States D District Judg ge 17 18 19 20 21 22 23 24 25 26 27 28 2

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