American Mushroom, Inc. v. Bleu Boheme, Inc. et al

Filing 5

ORDER granting 3 temporary restraining order. A hearing on Plaintiff's Motion for Preliminary Injunction is set for May 14, 2010 at 1:30 p.m. in Courtroom 16. Defendants' opposition to Plaintiff's motion for a preliminary injunction by May 11, 2010. Plaintiff's reply by May 12, 2010.Signed by Judge Jeffrey T. Miller on 5/5/2010. (tkl)

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 Upon consideration of Plaintiff=s application for a temporary restraining order in this Perishable Agriculture Commodities Act case, 7 U.S.C. '499e(c), the court concludes that Plaintiff establishes the requisite combination of likelihood of success on the merits and irreparable harm under Arcamuzi v. Continental Air Lines, Inc., 819 F.2d 935, 937 (9th Cir. 1987). Consequently, the Court hereby ORDERS: (1) Defendants, their customers, agents, escrow agents, officers, subsidiaries, v. Bleu Boheme, Inc., a California corporation, Philippe Beltran, an individual, and John Does 1 B 10, Defendants. AMERICAN MUSHROOM, INC., dba American Produce Distributors Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action, No.: 10cv0912JM(NLS) ORDER GRANTING TEMPORARY RESTRAINING ORDER; SCHEDULING ORDER UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

assigns, banking institutions and related entities, shall not alienate, dissipate, pay over or assign any assets of Bleu Boheme, Inc., Philippe Beltran, or their subsidiaries or related companies except for payment to Plaintiff until further order of this Court or until Defendants pay Plaintiff the sum of $ 9,710, which sum represents principle, interest,

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reasonable attorney fees, bank charges, and costs, by cashier's check or certified check at which time the Order is dissolved. (2) Bond shall be waived in view of the fact that Defendants now hold the

aggregate amount of about $ 9,710 of Plaintiff=s assets. (4) This Temporary Restraining Order is entered on May 5, 2010. A hearing

on Plaintiff=s Motion for Preliminary Injunction is set for May 14, 2010 at 1:30 p.m. in Courtroom 16 of the Edward J. Schwartz United States District Courthouse, 940 Front St., San Diego, CA 92101. (5) of this Order. (6) Defendants= opposition to Plaintiff=s motion for a preliminary injunction, if any, shall be filed no later than May 11, 2010. Plaintiff=s reply, if any, shall be filed no later than May 12, 2010. IT IS SO ORDERED. DATED: May 5, 2010 The Plaintiff shall forthwith serve Defendants and their counsel with a copy

JE JEFFREY MILLER JEFFREY T. MILLER United S States District J d Di i Judge
cc: All parties

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