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

Filing 8

ORDER granting 2 Motion for TRO. Responses due by 5/1/2012, Replies due by 5/3/2012 and Motion Hearing set for 5/8/2012 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan re Motion for Preliminary Injunction 7 . See Order for details. Signed by Judge James C. Mahan on 4/27/12. (Copies have been distributed pursuant to the NEF - ECS)

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L. CHRISTOPHER ROSE, ESQ.
Nevada Bar No. 7500
Email: [e-mail]
TYLER N. URE, ESQ.
Nevada Bar No. 11730
Email: [e-mail]
JOLLEY URGA WIRTH WOODBURY & STANDISH
3800 Howard Hughes Pkwy., #1600
Las Vegas, Nevada 89169
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs Sandy Cooper
and Garden Meadow, Inc.

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UNITED SATES DISTRICT COURT

Jolley Urga Wirth Woodbury & Standish

3800 HOWARD HUG HES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TEL EPHONE: [phone] FAX: [phone]

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DISTRICT OF NEVADA

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SANDY COOPER, an individual, GARDEN
MEADOW, INC., a Connecticut corporation,

CASE NO.

2:12-cv-000698

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Plaintiffs,

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vs.

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

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[PROPOSED]
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE
REGARDING PRELIMINARY
INJUNCTION

Defendants.

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Plaintiffs Sandy Cooper and Garden Meadow Inc.’s (“Plaintiffs”) Ex Parte Application

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for Temporary Restraining Order and Motion for Preliminary Judgment [Doc. 2] and Verified

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Complaint [Doc. 1] having come before this Court, and for good cause shown, having

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determined that this Order should issue pursuant therefore; and it appearing to the Court, after

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due deliberation, that Defendant Ningbo Xingqiang Metallic Products Co., Ltd’s (“Defendant”)

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is actually engaged in committing and will continue to commit acts of copyright infringement

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via its sale or offer for sale, promotion, and marketing of products that infringe Plaintiffs United

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States Copyright registrations including, but not limited to, Copyright Registration Nos. VA-1-

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425-762, VAu-1-002-280, VA-1-668-335, VA-1-668-335, VA-1-747-291, VA 1-684-

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990, VAu 1-036-279, VA 1-341-698, VA 1-370-959, VA 1-370-956, VA 1-370-955, VA

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K:\LCR\Garden Meadow 11531\General 2600 0\P leadings\Drafts\12-04-26 Order TRO.doc

Case 2:12-cv-00698-JCM -GWF Document 3

Filed 04/26/12 Page 2 of 3

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1-370-957, VA 1-425-753, VA 1-670-212, VAu 967-187, VA 1-667-902, VA 1-671-412,

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VA 1-670-132, VA 1-775-716,

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6A
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 1:30 pm
________

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May 8, 2012
on _________________, or as soon thereafter as counsel may be heard, as to whether the

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Plaintiffs have met their burden and therefore a Prelminary Injunction should issue pursuant to

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Fed. R. Civ. P. 65.

Jolley Urga Wirth Woodbury & Standish

IT IS FURTHER ORDERED that pending disposition of Plaintiff’s Motion for

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3800 HOWARD HUG HES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TEL EPHONE: [phone] FAX: [phone]

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Preliminary Injunction, Defendant and its servants, officers, agents, employees, attorneys, and all

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

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enjoined 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 (“Infringing Products” or “Infringing Product”) on Plaintiffs’ copyrighted works,

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including, but not limited to, works protected by U.S. Copyright Registration VA-1-425-762,

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VAu-1-002-280, VA-1-668-335, VA-1-668-335, VA-1-747-291, VA 1-684-990, VAu 1-

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036-279, VA 1-341-698, VA 1-370-959, VA 1-370-956, VA 1-370-955, VA 1-370-957,

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VA 1-425-753, VA 1-670-212, VAu 967-187, VA 1-667-902, VA 1-671-412, VA 1-670-

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132, VA 1-775-716 (collectively, the “Registrations”); and

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(b) disposing of, destroying, moving, relocating, transferring, or taking out of the State of
Nevada any Infringing Products;
IT IS FURTHER ORDERED that Service of this Order be made on Defendant or its

April 28, 2012
attorneys in accordance with Fed. R. Civ. P. 4, on or before _______________, at 5:00 P.M;

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IT IS FURTHER ORDERED that Defendant’s affidavits in opposition to the Motion for

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Preliminary Injunction be served on Plaintiffs’ attorney by hand delivery or by sending them by

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May 1, 2012
Federal express or email so that they are received by Plaintiff’s attorney by _____________ at

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4:00 P.M. Plaintiffs shall serve any additional brief by hand delivery or by sending them by

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Federal express or email so that they are received by Defendant or its attorney by

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May 3, 2012
_____________ at 4:00 P.M; DOCUMENTS TO BE FILED WITH THE COURT and
copies delivered to chambers on specified dates.
$500.00
IT IS FURTHER ORDERED that the sum of ______________________ to be posted by

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Plaintiffs shall be security for the payment of such costs and damages as may be incurred and

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suffered by any party found to be wrongfully restrained.

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IT IS SO ORDERED.

Jolley Urga Wirth Woodbury & Standish

3800 HOWARD HUG HES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TEL EPHONE: [phone] FAX: [phone]

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__________________________________
UNITED STATES DISTRICT JUDGE

April 27, 2012
DATED:____________________________
TIME: 3:00 pm

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