Coalition for ICANN Transparency, Inc. v. Verisign, Inc. et al

Filing 25

ORDER by Judge Whyte setting hearing on application for preliminary injunction (rmwlc2, COURT STAFF) (Filed on 11/30/2005)

Coalition for ICANN Transparency, Inc. v. Verisign, Inc. et al

Doc. 25

Case 5:05-cv-04826-RMW

Document 25

Filed 11/30/2005

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COALITION FOR ICANN TRANSPARENCY INC., Plaintiff, v. VERISIGN, INC., INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS, Defendants. Plaintiff Coalition for ICANN Transparency Inc. has applied for an order to show cause ("OSC") on the issues set forth below, as well as a temporary restraining order ("TRO") pending hearing on the OSC. Defendants have filed oppositions. The court finds that plaintiff has not met the standards for a TRO because, among other reasons, it has not shown that the need for immediate relief is clear. However, the court will treat plaintiff's application for an OSC and TRO as a notice of motion for a preliminary injunction seeking: (1) that defendants Internet Corporation for Assigned Names and Numbers ("ICANN") and VeriSign, Inc., not enter into the proposed 2005 .com agreement, (2) that defendants ICANN and VeriSign abide by the terms of the current .com agreement dated May 25, 2001, until it expires on November 10, 2007, and
ORDER SETTING HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION--No. C-05-04826 RMW JAH

E-FILED on

11/30/05

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C-05-04826 RMW ORDER SETTING HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION [Re Docket Nos. 1, 17, 22]

Dockets.Justia.com

Case 5:05-cv-04826-RMW

Document 25

Filed 11/30/2005

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(3) that VeriSign not engage in any "Registry Sevices" as defined in the proposed 2005 .com agreement, including without limitation the Central Listing Service, and excluding services that are defined as "Registry Services" in the 2001 .com agreement, pending further order of this court. This order and all supporting pleadings and papers shall be served upon defendants by December 5, 2005. The normal motion briefing schedule set forth in Civil L.R. 7-2 shall apply and a hearing date of February 10, 2006, at 9:00 a.m. is hereby set.

DATED:

11/30/05

/s/ Ronald M. Whyte RONALD M. WHYTE United States District Judge

ORDER SETTING HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION--No. C-05-04826 RMW JAH 2

Case 5:05-cv-04826-RMW

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Filed 11/30/2005

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Jesse William Markham, Jr. Jennifer Lee Taylor Keith Lawrence Butler William L. Stern Counsel for Defendants: Laurence J. Hutt Jeffrey A. LeVee [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

11/30/05

/s/ JH Chambers of Judge Whyte

ORDER SETTING HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION--No. C-05-04826 RMW JAH 3