Kremen v. Cohen et al

Filing 30

ORDER Extending TRO; Continuing Order to Show Cause Hearing; and Striking 14 17 20 25 26 27 28 Filed by Non-Party Stephen Michael Cohen. Order to Show Cause and Preliminary Injunction Hearing set for 1/5/2012 01:30 PM. Signed by Judge Lucy H. Koh on 12/15/11. (lhklc3, COURT STAFF) (Filed on 12/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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GARY KREMEN,

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Plaintiff,
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v.
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MICHAEL JOSEPH COHEN, an individual; and )
FNBPAY CORPORATION, an Arizona
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corporation,
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Defendants.
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Case No.: 5:11-cv-05411-LHK
ORDER EXTENDING TEMPORARY
RESTRAINING ORDER; CONTINUING
ORDER TO SHOW CAUSE HEARING;
AND STRIKING DOCUMENTS FILED
BY NON-PARTY STEPHEN MICHAEL
COHEN
(re: dkt #: 14, 17, 20, 25, 26, 27, 28)

On December 7, 2011, the Court granted Plaintiff’s ex parte application for a Temporary

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Restraining Order (TRO) and ordered Defendants to show cause why a preliminary injunction

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should not issue. See ECF No. 16. The Court found that a TRO was warranted based on Plaintiff’s

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showing that he was likely to succeed on the merits and to suffer irreparable harm in the absence of

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preliminary relief, and that the balance of hardships weighed in his favor. However, the Court

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raised concerns about whether the Court has personal jurisdiction over Defendants, who appear to

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be residents of Arizona, and whether venue in this district is proper. Accordingly, the Court

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ordered Plaintiff to file by December 12, 2011 at 5:00 p.m. a brief addressing whether venue in this

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district is proper and whether the Court has jurisdiction over any Defendants and/or property

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sought to be preliminarily enjoined. Plaintiff timely filed a brief addressing these issues. See ECF

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No. 21.

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Case No.: 5:11-CV-05411-LHK
ORDER EXTENDING TEMPORARY RESTRAINING ORDER; CONTINUING ORDER TO SHOW CAUSE
HEARING; AND STRIKING DOCUMENTS FILED BY NON-PARTY STEPHEN MICHAEL COHEN

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The Court also ordered Defendants to file an opposition to Plaintiff’s motion for

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preliminary injunctive relief, if any, by Monday, December 12, 2011 at 5:00 p.m. To date,

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Defendants have not filed anything in this case. Instead, Stephen Michael Cohen, who is not a

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party to this case, has been filing documents without permission of the Court to do so. Stephen

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Michael Cohen is not Defendants’ attorney of record and is not authorized to file papers in this

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case. The Court therefore STRIKES ECF document nos. 14, 17, 20, 25, 26, 27, and 28 filed by

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Stephen Michael Cohen in this case. Defendants are directed to General Order 45 for procedures

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on how to properly file pleadings and other documents in this action.
The Court noted in its December 7, 2011 Order that it will not issue a preliminary

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United States District Court
For the Northern District of California

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injunction absent Plaintiff’s showing that this Court has personal jurisdiction over Defendants and

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in rem jurisdiction over any property sought to be enjoined, and that venue in this district is proper.

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See ECF No. 16 at 12. In light of Defendants’ failure to properly file any briefing regarding

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questions of personal jurisdiction and venue, the Court hereby continues the order to show cause

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hearing from December 16, 2011 to January 5, 2012 at 1:30 p.m. Defendants shall file an

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opposition to Plaintiff’s motion for preliminary injunction, in which they address personal

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jurisdiction and venue, by December 28, 2011. Defendants’ failure to do so will result in grant of

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the preliminary injunction motion. Plaintiff shall file a reply to Defendants’ opposition, if any, by

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January 2, 2012.

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For the reasons stated in the December 7, 2011 Order, the Court finds good cause to extend

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the temporary restraining order until the January 5, 2012 order to show cause hearing.

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IT IS SO ORDERED.

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Dated: December 15, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 5:11-CV-05411-LHK
ORDER EXTENDING TEMPORARY RESTRAINING ORDER; CONTINUING ORDER TO SHOW CAUSE
HEARING; AND STRIKING DOCUMENTS FILED BY NON-PARTY STEPHEN MICHAEL COHEN