HireAHelper, LLC v. Move Lift, LLC et al

Filing 18

ORDER Granting 12 Motion to Take Hearing Off Calendar; and Denying 12 The Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue. The hearing on Plaintiff's request for a preliminary injunction scheduled for April 24, 2017 at 4:00 P.M. is vacated. Signed by Judge William Q. Hayes on 4/18/17. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HireAHelper, LLC, a California
Limited Liability Company

CASE NO. 17cv0711-WQH-JMA
ORDER

Plaintiff,

v.
Move Lift, LLC, a Texas Limited
Liability Company; Simple Movers
LLC, a Texas Limited Liability
Company

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Defendants.

16 HAYES, Judge:
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The matters before the Court are the Ex Parte Application for Temporary

18 Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not
19 Issue (ECF No. 2) and the Motion to Take Hearing Off Calendar (ECF No. 12) filed by
20 Plaintiff Hire A Helper LLC (“Plaintiff”).
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On April 7, 2017, Plaintiff initiated this action by filing the Complaint (ECF No.

22 1) against Defendants Move Lift, LLC and Simple Movers Limited Liability Company
23 (“Defendants”).1 On April 7, 2017, Plaintiff filed the Ex Parte Application for
24 Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction
25 Should Not Issue (ECF No. 2).
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Plaintiff named Simple Moving Labor, LLC as a Defendant in the Complaint.
27 On April 7, 2017, Plaintiff filed a notice of errata stating “The correct name of that
Defendant is ‘Simple Movers Limited Liability Company,’ which is a Texas limited
28 liability company, and which is doing business as ‘Simple Moving Labor.” (ECF No.
6 at 1).
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17cv0711-WQH-JMA

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On April 7, 2017, the Court issued an order denying Plaintiff’s application for

2 a Temporary Restraining Order, and setting a hearing for Plaintiff’s request for a
3 preliminary injunction. (ECF No. 5 at 4-5).
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On April 14, 2017, Plaintiff filed the Motion to Take Hearing Off Calendar (ECF

5 No. 12). Plaintiff states that
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Since filing of the ex parte application, Defendants have represented they
have removed from their websites the material on which the ex parte
application was based, and Avis Budget Group, Inc., a Delaware
corporation, aka Budget Truck Rentals, LLC (“Budget”) has informed
Plaintiff that Budget has selected Plaintiff for the contract described in the
ex parte application, subject to the parties entering into a mutually
acceptable written contract.

10 (ECF No. 12 at 1-2). Plaintiff requests that the hearing for Plaintiff’s request for a
11 preliminary injunction scheduled for April 24, 2017 be taken off calendar. Id. at 2.
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CONCLUSION
Based upon the record of this case, the Motion to Take Hearing Off Calendar

14 (ECF No. 12) is GRANTED. The Ex Parte Application for Temporary Restraining
15 Order and Order to Show Cause Why Preliminary Injunction Should Not Issue (ECF
16 No. 2) is DENIED. The hearing on Plaintiff’s request for a preliminary injunction
17 scheduled for April 24, 2017 at 4:00 P.M. is VACATED.
18 DATED: April 18, 2017
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WILLIAM Q. HAYES
United States District Judge

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17cv0711-WQH-JMA