Grooms et al v. Legge et al

Filing 46

ORDER granting Defendants' 30 Motion to Clarify the Extent of the TRO. Court finds that dfts have complied w/ the Order by closing the website. At this juncture, turing over control of the website would affect future purchase orders, which exc eeds the bounds of the quoted conditiional language. Court orders parties to hold status quo on the transfer of ownership of the website until 4/7/2009 hearing on plaintiffs' pending motions. Signed by Judge Irma E. Gonzalez on 4/1/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

Download PDF
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 JAMES GROOMS; BRYCEMARIE PHELAN; KNUKLE, INC., a Colorado corporation, vs. Plaintiffs, CASE NO. 09cv489 - IEG - POR ORDER REGARDING DEFENDANTS' MOTION TO CLARIFY TEMPORARY RESTRAINING ORDER [Doc. No. 30] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOHN LEGGE; GWEN LEGGE; KNUKLE, INC., a California corporation; ARTILLERY DISTRIBUTION; SEAN MYERS; DEVIN MERCADO; DOES 1-50, Defendants. On March 30, 2009, defendants moved the Court to clarify the extent of the temporary restraining order. [Doc. No. 30.] Specifically, defendants questioned whether the order required defendants to transfer control of the website to plaintiffs. At an expedited discovery conference, Magistrate Judge Battaglia ordered the parties to hold the status quo on the transfer of ownership pending clarification by this Court. [Doc. No. 31.] The TRO in question orders control of the website be transferred "with respect to any and all prior or current purchase orders." [Doc. No. 14.] Because this does not involve any future orders, the Court finds that defendants have complied with the order by closing the website. At this juncture, turning over control of the website would affect future purchase orders, which exceeds the bounds of the above quoted conditional language. Therefore, the -109cv489 - IEG - POR 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 Court orders the parties to hold the status quo on the transfer of ownership of the website until the April 7, 2009 hearing on plaintiffs' pending motions. IT IS SO ORDERED. DATED: April 1, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court -2- 09cv489 - IEG - POR

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?