Cooper et al v. Ningbo Xingqiang Metallic Products Co. Ltd.

Filing 8

TEMPORARY RESTRAINING ORDER. Motion Hearing re 5 and 6 Motions for Preliminary Injunction set for 5/25/2011 01:00 PM in LV Courtroom 6C before Judge Roger L. Hunt. IT IS FURTHER ORDERED that service of this Order be made on Defendant on or befo re 5/12/11 at 5pm. IT IS FURTHER ORDERED that Defendant respond by 5/18/2011. Plaintiffs shall serve additional brief by 5/20/11 at 4pm. IT IS FURTHER ORDERED that the $10,000 posted by Plaintiffs shall be security for the payment of such costs and damages as may be incurred by any party found wrongfully restrained. Signed by Judge Kent J. Dawson on 5/11/11. (Copies have been distributed pursuant to the NEF - EDS)

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Michael D. Rounds
State Bar No. 4734
Matthew D. Francis
State Bar No. 6978
Ryan E. Johnson.
State Bar No. 9070
WATSON ROUNDS
5371 Kietzke Lane
Reno, Nevada 89511
[phone]

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Attorneys for Plaintiffs Sandy Cooper
and Garden Meadow, Inc.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SANDY COOPER, an individual,
GARDEN MEADOW, INC., a
Connecticut corporation,
Plaintiffs,

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v.

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NINGBO XINGQIANG METALLIC
PRODUCTS CO., LTD., a Chinese
company,

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Defendant.

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Case No. 2:11-cv-00745-RLH-GWF

(PROPOSED) TEMPORARY
RESTRAINING ORDER AND ORDER TO
SHOW CAUSE REGARDING
PRELIMINARY INJUNCTION

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I. INTRODUCTION
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On presentation and consideration of Plaintiffs Sandy Cooper and Garden Meadow,

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Inc.’s Complaint and Motion for Preliminary Injunction, with Application for Temporary

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Restraining Order and Order to Show Cause, as well as the supporting Declarations and a

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Memorandum of Points and Authorities, and for good cause shown, having determined that this
Order should issue pursuant thereto; and it appearing to the Court, after due deliberation, that
Defendant Ningbo Xingqiang Metallic Products Co., Ltd.’s (“Defendant”) is actually engaged in
committing and will continue to commit acts of copyright infringement via its sale or offer for
sale, promotion, and marketing of products that infringe Plaintiffs’ U.S. Copyright Registration
Nos. VA 1-370-954, VA 1-425-762, VAu 967-188, VA 1-668-337, VA 1-747-291, VA 1-668335, VA1-751-604, VAu 1-036-279, VA 1-679-965, VA 1-679-856, VA 1-684-990, VAu 1-0021

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280, and Garden Meadow, Inc.’s “Solar Zen Birdcage” Copyright Application, causing

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immediate and irreparable injury to Plaintiffs;
6C
IT IS HEREBY ORDERED that Defendant appear before the Court at Courtroom ___,

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United States Courthouse, 333 Las Vegas Blvd. South, Las Vegas, Nevada, 89101 at
1:00p.m.
May 25, 2011
_____________ on ____________________, or as soon thereafter as counsel may be

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heard, as to whether Plaintiffs have met their burden and a Preliminary Injunction should issue

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pursuant to Rule 65 of the Federal Rules of Civil Procedure;

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IT IS FURTHER ORDERED that pending disposition of Plaintiffs’ Motion for

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Preliminary Injunction, Defendant and its servants, agents, employees, successors and assigns,

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and all persons acting in concert or privity with them, are hereby singly and collectively enjoined

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from:

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(a)

copying, making, manufacturing, using, possessing, selling, offering for sale,

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disclosing, exhibiting, reproducing, creating derivative works from, distributing, shipping,

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licensing, developing, delivering, marketing, advertising, displaying, or promoting any products

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that infringe on Plaintiffs’ copyrighted works protected by U.S. Copyright Registration Nos. VA

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1-370-954, VA 1-425-762, VAu 967-188, VA 1-668-337, VA 1-747-291, VA 1-668-335, VA1-

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751-604, VAu 1-036-279, VA 1-679-965, VA 1-679-856, VA 1-684-990, VAu 1-002-280, and

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Garden Meadow, Inc.’s “Solar Zen Birdcage” Copyright Application, including the products

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shown on Exhibits N through U discussed in and attached to the May 11, 2011 declaration of

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Sandy Cooper filed herewith and incorporated by reference herein; and

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(b)

disposing of, destroying, moving, relocating, transferring, or taking out of the

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State of Nevada the products shown on Exhibits N through U discussed in and attached to the

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May 11, 2011 declaration of Sandy Cooper filed herewith, and incorporated by reference herein.

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IT IS SO ORDERED that service of this Order be made on Defendant or its attorneys in
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accordance with Fed. R. Civ. P. 4, on or before May 12 2011 at 5 o’clock p.m.

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IT IS FURTHER ORDERED that Defendant’s affidavits and memorandum in opposition

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to the Motion for Preliminary Injunction be served on Plaintiffs’ attorneys by hand delivery or by

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sending then by Federal Express or email so that they are received by Plaintiffs’ attorneys by
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May 18
4:00 p
___________________ at _______ ___.m. Plaintiffs shall serve any additional brief by hand

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May 20, 2011 @ 4
delivery or Federal Express or email upon Defendant or its attorneys by ___________________; pm

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10,000.00
IT IS FURTHER ORDERED that the sum of $__________ posted by Plaintiffs shall be

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security for the payment of such costs and damages as may be incurred and suffered by any party

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found to be wrongfully restrained.

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_____________________________
United States District Judge

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May 11, 2011
Dated:________________________

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