DS Waters of America, Inc. v. Western Slope Bar Supplies, Inc.

Filing 8

TEMPORARY RESTRAINING ORDER Plaintiff is required to post a $50,000.00 bond,pursuant to Fed. R. Civ. P. 65.1, with the Clerk of Court by Wednesday, November 22, 2006 no later than 5:00 PM MST. Defendant is hereby restrained, prevented, and order ed not to sell, produce, distribute, destroy, or otherwise provide to its customers, or anyone else, any water products, and/or any other related products bearing the trademark "Sierra Springs." Preliminary Injunction Hearing is set for 11/30/2006 02:00 PM before Judge Zita L. Weinshienk. Signed by Judge Zita L. Weinshienk on 11/20/06. (pap, )

DS Waters of America, Inc. v. Western Slope Bar Supplies, Inc.

Doc. 8

Case 1:06-cv-02321-ZLW-MEH

Document 8

Filed 11/21/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 06-cv-02321-ZLW-MEH DS WATERS OF AMERICA, INC., Plaintiff, v. W ESTERN SLOPE BAR SUPPLIES, INC., a Colorado corporation, Defendant. _____________________________________________________________________ TEMPORARY RESTRAINING ORDER

This matter was before the Court on November 21, 2006, for oral argument on Plaintiff' Motion For Temporary Restraining Order Pursuant To Fed.R.Civ.P. 65(b) s (Doc. No. 2). Defendant was previously served but did not appear at the hearing. The Court heard the arguments and statements of Plaintiff, and made oral conclusions of law which are incorporated herein by reference as if fully set forth. The Court finds under Fed. R. Civ. P. 65(b) that sufficient information has been presented that Defendant' actions may cause irreparable injury to the public health. Accordingly, it is s ORDERED that the Defendant is hereby restrained, prevented, and ordered not to sell, produce, distribute, destroy, or otherwise provide to its customers, or anyone else, any water products, and/or any other related products bearing the trademark " ierra Springs." It is S

Dockets.Justia.com

Case 1:06-cv-02321-ZLW-MEH

Document 8

Filed 11/21/2006

Page 2 of 2

FURTHER ORDERED that any and all documentation and/or computer records related to production, distribution, and sales of " ierra Springs"branded water products S shall not be removed or destroyed from their present location. It is FURTHER ORDERED that in all other respects, the status quo shall be maintained. It is FURTHER ORDERED that Defendant' failure to comply with this order may s result in issuance of either a contempt citation or cease and desist order. It is FURTHER ORDERED that this order is effective immediately. It is FURTHER ORDERED that Plaintiff is required to post a $50,000.00 bond, pursuant to Fed. R. Civ. P. 65.1, with the Clerk of Court by Wednesday, November 22, 2006 no later than 5:00 PM MST. It is FURTHER ORDERED that this matter is set for a preliminary injunction hearing on November 30, 2006 at 2:00 PM. DATED at Denver, Colorado, this 20 day of November, 2006 at 12:06 PM.

BY THE COURT:

_________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

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