Sumotext Corp. -v- Zoove, Inc., et al

Filing 78

ORDER RELEASING FUNDS DEPOSITED IN THE COURT REGISTRY TO PLAINTIFF. Signed by Judge Beth Labson Freeman on 8/1/2016. (blflc1S, COURT STAFF) (Filed on 8/1/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 SUMOTEXT CORP., Case No. 16-cv-01370-BLF Plaintiff, 8 v. 9 10 ZOOVE, INC., et al., ORDER RELEASING FUNDS DEPOSITED IN THE COURT REGISTRY TO PLAINTIFF Defendants. United States District Court Northern District of California 11 12 13 On March 31, 2016, the Court issued an order granting Plaintiff Sumotext Corporation’s 14 application for a temporary restraining order, setting a hearing on Sumotext’s motion for a 15 preliminary injunction, and directing Sumotext to provide security in the amount of $25,000 16 pursuant to Federal Rule of Civil Procedure 65(c). See Order, ECF 27. Sumotext deposited 17 $25,000 with the Court on April 1, 2016. See Fedwire Download Report, ECF 28. 18 On April 26, 2016, the Court issued an order denying Sumotext’s motion for a preliminary 19 injunction and dissolving the temporary restraining order. See Order, ECF 39. Sumotext did not 20 file a request for release of the deposited funds or otherwise seek to withdraw the deposited funds 21 until Sumotext’s counsel orally requested release of the deposited funds at a Case Management 22 Conference on July 28, 2016. 23 IT IS HEREBY ORDERED that the $25,000 deposited with the Court by Sumotext, as 24 well as all interest accrued on those funds while deposited with the Court, be released to Sumotext 25 Corporation. 26 Dated: August 1, 2016 27 28 ______________________________________ BETH LABSON FREEMAN United States District Judge

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