TMX Funding, Inc. v. Impero Technologies, Inc. et al

Filing 93

ORDER (1) DENYING WITHOUT PREJUDICE 80 EX PARTE APPLICATION TO MODIFY OR STAY PRELIMINARY INJUNCTION; (2) SETTING HEARING ON 80 , 85 MOTIONS TO MODIFY OR STAY PRELIMINARY INJUNCTION; (3) GRANTING IN PART 64 EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING MOTION FOR CIVIL CONTEMPT; (4) SETTING HEARING ON 63 MOTION FOR CIVIL CONTEMPT; AND (5) SETTING BRIEFING SCHEDULE. Motion Hearing set for 5/7/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/15/2010. (jflc2, COURT STAFF) (Filed on 4/15/2010)

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**E-Filed 4/15/2010**

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

TMX FUNDING, INC., Plaintiff, v. IMPERO TECHNOLOGIES, INC., et al., Defendants.

Case Number C 10-202 JF (PVT) ORDER1 (1) DENYING WITHOUT PREJUDICE EX PARTE APPLICATION TO MODIFY OR STAY PRELIMINARY INJUNCTION; (2) SETTING HEARING ON MOTIONS TO MODIFY OR STAY PRELIMINARY INJUNCTION; (3) GRANTING IN PART EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING MOTION FOR CIVIL CONTEMPT; (4) SETTING HEARING ON MOTION FOR CIVIL CONTEMPT; AND (5) SETTING BRIEFING SCHEDULE [re: document nos. 63, 64, 80, 85]

Defendants' ex parte application to modify or stay the preliminary injunction is DENIED WITHOUT PREJUDICE. That application [doc. 80] and the noticed motion to modify or stay the preliminary injunction [doc. 81] are SET FOR HEARING on May 7, 2010 at 9:00 a.m. The hearing set for June 11, 2010 is VACATED.

This disposition is not designated for publication in the official reports.

C a s e No. C 10-202 JF (PVT) O R D E R DENYING EX PARTE APPLICATION TO MODIFY OR STAY PRELIMINARY INJUNCTION ETC. ( JF L C 2 )

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Plaintiff's ex parte application to shorten time for hearing on its motion for civil contempt is GRANTED. That motion [doc. 63] is SET FOR HEARING on May 7, 2010 at 9:00 a.m. Any further opposition to the motions to modify or stay the preliminary injunction or to the motion for civil contempt shall be filed on or before April 23, 2010. Any replies shall be filed on or before April 30, 2010. Defendants' briefing shall (1) propose language for the requested modified injunction and (2) explain why they have not complied with the Court's order to return the laptop computers and why they believe this issue has not been litigated fully. The motion to dismiss remains set for hearing on May 28, 2010 at 9:00 a.m. IT IS SO ORDERED.

DATED: 4/15/2010

__________________________________ JEREMY FOGEL United States District Judge

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C a s e No. C 10-202 JF (PVT) O R D E R DENYING EX PARTE APPLICATION TO MODIFY OR STAY PRELIMINARY INJUNCTION ETC. ( JF L C 2 )