Sauer Danfoss US Company v. Luo et al

Filing 74

AMENDED ORDER: Preliminary Injunction Hearing set for Wednesday, 9/25/2013 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. Signed by Honorable G Ross Anderson, Jr on 9/17/13. (alew, ) Modified on 9/17/2013 to edit text (alew, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
SAUER-DANFOSS (US) COMPANY,

)
)
Plaintiff,
)
)
v.
)
)
NIANZHU LUO, RUIYONG RUAN,
)
GUORUI HYDRAULIC a/k/a GRH,
)
JIANGSU GUORUI HYDRAULIC
)
MACHINERY CO., LTD., and
)
SHANGHAI GUORUI HYDRAULIC
)
TECHNOLOGY CO., LTD.,
)
)
Defendants.
)
________________________________ )

C/A No.: 8:12-cv-03435-GRA

AMENDED ORDER
(Written Opinion)

This Order is being issued by this Court to reschedule the date of the
preliminary injunction hearing set by this Court’s previous Order of September 17,
2013 due to conflicts arising over use of the courtroom.

The hearing that was

previously scheduled shall now be set for Wednesday, September 25 at 9:30 a.m.
This Court issued an Order on March 26, 2013 postponing the pending hearing
on Sauer-Danfoss’ Motion for Preliminary Injunction, extending and expanding the
Temporary Restraining Order, and staying all proceedings in this case until the
remaining Defendants have been served or until Sauer-Danfoss has decided to
discontinue efforts to serve any un-served parties. ECF No. 68. Plaintiff’s Motion for
a preliminary injunction has been pending since December 5, 2012 and a hearing has
not yet been held on this motion. ECF No. 4. Additionally, the ex parte Temporary
Restraining Order entered by Judge Herlong on December 5, 2012 is still in effect
although altered by this Court’s Order on March 26, 2013. ECF No. 8 & 68. Based
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on the amount of time that has elapsed and the failure to either serve or discontinue
efforts to serve Defendant Jiangsu Guorui Hydraulic Machinery Co., Ltd., this Court
finds that its March 26, 2013 Order is no longer adequate.
IT IS THEREFORE ORDERED that a hearing on the preliminary injunction is
to be held on Wednesday, September 25 at 9:30 a.m. before this Court at the Second
Floor Courtroom of the G. Ross Anderson, Jr. Federal Building and United States
Courthouse, 315 South McDuffie Street, Anderson, SC. Plaintiff has until this hearing
to serve the remaining Defendant.

If the remaining un-served Defendant is not

served by this date, then the case will be dismissed as to that Defendant. At this
hearing, this Court will hear any objections by the public to sealing the courtroom
along with a reasonable time to state any objections. After this, the Court will conduct
an initial in camera review as to whether trade secrets are likely to be involved and
then decide whether the courtroom is to be sealed.
IT IS SO ORDERED.

September 17 , 2013
Anderson, South Carolina

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