China National Building Materials Import and Export Corporation et al v. Murphy Overseas USA Astoria Forest Products, LLC et al

Filing 31

Temporary Restraining Order. See 3-page order attached. Signed on 7/11/2014 by Judge Marco A. Hernandez. (mr)

Thomas C. Sand, OSB No. 773322
[e-mail]
Elisa J. Dozono, OSB No. 063150
[e-mail]
Brian W. Esler
(Admitted Pro Hac Vice)
[e-mail]
MILLER NASH LLP
3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
China National Building Materials Import
and Export Corporation and
CNBM Forest Products (Canada) Ltd.
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
CHINA NATIONAL BUILDING
MATERIALS IMPORT AND EXPORT
CORPORATION, a People's Republic of
China corporation; and CNBM FOREST
PRODUCTS (CANADA) LTD., a Canadian
corporation,
Plaintiffs,

Case No. 3:14-cv-00746-ST
ORDER GRANTING PLAINTIFFS'
MOTION FOR TEMPORARY
RESTRAINING ORDER

v.
MURPHY OVERSEAS USA ASTORIA
FOREST PRODUCTS, LLC, an Oregon
limited liability company; MURPHY`
OVERSEAS U.S.A. TIMBER AND LAND
DEVELOPMENT, LLC, an Oregon limited
liability company; MURPHY OVERSEAS
U.S.A. HOLDINGS, LLC,
Defendants.

Page 1 -

Order Granting Plaintiffs' Motion for Temporary Restraining Order

The motion of plaintiffs China National Building Materials Import and Export
Corporation ("CBMIE") and CNBM Forest Products Canada, Ltd. ("CNBM Canada")
(collectively "China National") for temporary restraining order came before the court on July 11,
2014.
Based on the record, including the complaint, amended complaint, plaintiffs’
motion for temporary restraining order, declaration of Brian Esler, memorandum in support,
arguments of counsel, witness testimony, exhibits, and the provisions of Fed R Civ P 65, the
Court finds:
CNBM has shown a likelihood of success on the merits, irreparable harm, the
balance of equities tip in CNBM's favor, and a temporary restraining order that preserves the
status quo is in the public interest. If not immediately enjoined, Murphy's continued movement
of CNBM's logs will likely cause immediate and irreparable injury to CNBM. Temporarily
enjoining movement of the logs will cause little or no harm to the parties.
Pursuant to FRCP 65, it is therefore ORDERED as follows:
1.

Defendants Murphy Overseas USA Astoria Forest Products, LLC, Murphy

Overseas Timber and Land Development, LLC, Murphy Overseas U.S.A. Holdings, LLC
(collectively, "Murphy"), and any other persons or entities acting in concert with them, are
prohibited from further moving, handling, removing, transferring or disposing of any of the logs
owned by China National currently situated on Pier 3 at the Port of Astoria.
2..

Murphy is ordered to show cause, if any, why the order requested above

should not continue and remain in effect during the pendency of this action.
3.

This order shall be effective upon filing. CNBM shall post a cash bond in

the amount of $50,000.00.

Page 2 -

Order Granting Plaintiffs' Motion for Temporary Restraining Order

4.

Defendant is allowed to submit a response to the motion not later than

Tuesday, July 15, 2014 (with paper judge’s copies delivered to chambers by July 16, 2014 at
9:00 a.m.).
5.

This order shall remain in effect until further order of this Court following

a hearing on Friday, July 18, 2014 at 10:00 a.m. in Portland Courtroom 14B.

DATED this 11th day of July, 2014.

MARCO A. HERNANDEZ
United States District Court Judge

Submitted by:
Thomas C. Sand, OSB No. 773322
[e-mail]
Elisa J. Dozono, OSB No. 063150
[e-mail]
Brian W. Esler
(Admitted Pro Hac Vice)
Miller Nash LLP
3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
China National Building Materials Import
and Export Corporation and
CNBM Forest Products (Canada) Ltd

Page 3 -

Order Granting Plaintiffs' Motion for Temporary Restraining Order