Federal Trade Commission v. Pricewert LLC et al

Filing 27

ORDER TO SHOW CAUSE regarding appointment of temporary receiver and Order Setting Hearing on Intervenor's Ex Parte Motion to Amend Temporary Restraining Order. Order to Show Cause Hearing set for 6/15/2009 09:00 AM. Signed by Judge Whyte on 6/10/09. (Attachments: # 1 Proposed Order Appointing Temporary Receiver)(rmwlc3, COURT STAFF) (Filed on 6/10/2009)

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ORDER TO SHOW CAUSE and ORDER SETTING HEARING ON INTERVENOR'S MOTION TO AMEND TEMPORARY RESTRAINING ORDER--No. C-09-2407 RMW TER

E-FILED on 6/10/09

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

Federal Trade Commission, Plaintiff, v. Pricewert LLC also d/b/a 3FN.net, Triple Fiber Network, APS Telecom, APX Telecom, APS Communications, and APS Communication, Defendant.

No. C-09-2407 RMW ORDER TO SHOW CAUSE and ORDER SETTING HEARING ON INTERVENOR'S MOTION TO AMEND TEMPORARY RESTRAINING ORDER

Pursuant to the court's June 5, 2009 order, plaintiff FTC has proposed that the court appoint a temporary receiver to address concerns raised by third parties affected by the Temporary Restraining Order. For good cause appearing, defendant and all interested parties are hereby ordered to show cause at the upcoming preliminary injunction hearing on June 15, 2009 at 9:00 a.m., why this court should not appoint a temporary receiver on terms substantially in accordance with the attached proposed order. Furthermore, proposed intervenors' ex parte motion to amend the temporary restraining order will be heard on June 15, 2009 at 9:00. All further papers and evidence in opposition to the motion shall be filed and served no later than June 12, 2009 at 12:00 p.m. PDT.

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Plaintiff is hereby ordered to serve a copy of this order on defendant with a copy by e-mail to defendant's agent for services of process. DATED: 6/10/09

RONALD M. WHYTE United States District Judge

ORDER TO SHOW CAUSE and ORDER SETTING HEARING ON INTERVENOR'S MOTION TO AMEND TEMPORARY RESTRAINING ORDER--No. C-09-2407 RMW TER 2

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Carl Settlemeyer Philip Tumminio Counsel for Defendants: (no appearance) Counsel for Intervenors: Jeffrey Michael Rosenfeld [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:

6/10/09

TER Chambers of Judge Whyte

ORDER TO SHOW CAUSE and ORDER SETTING HEARING ON INTERVENOR'S MOTION TO AMEND TEMPORARY RESTRAINING ORDER--No. C-09-2407 RMW TER 3