BP West Coast Products, LLC v. Shalabi et al

Filing 11

ORDER denying 2 Motion for Temporary Restraining Order and resetting Noting Date for 8/22/2011. Signed by Judge Benjamin H Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BP WEST COAST PRODUCTS, LLC,
Plaintiff,

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CASE NO. C11-1341MJP

v.
HATEM SHALABI, an individual; et al.,
Defendant.

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ORDER DENYING MOTION
FOR TEMPORARY
RESTRAINING ORDER

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This matter comes before the Court on Plaintiff BP West Coast Products, LLC’s
(“BP”), motion for a temporary restraining order (Dkt. 5).
On August 12, 2011, BP filed a complaint against Defendants alleging breach of

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contract, federal trademark infringement, common law trademark infringement, unfair

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competition, trademark dilution, and violation of the Washington Consumer Protection

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Act. Dkt. 1. BP also filed a motion for temporary restraining order. Dkt. 2. BP’s

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attorney, K. Michael Fandel, declares that he has communicated the filing of the instant

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action and motion for a temporary restraining order to the attorney representing

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Defendants in a separate action. Dkt. 5, Declaration of K. Michael Fandel, ¶ 2. Mr.

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Fandel argues that the Court should not require additional notice because Defendants are

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presently causing damage and irreparable harm. Id. ¶ 3.

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ORDER - 1

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A court may only issue a temporary restraining order without notice to the other

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party based on certain facts and clear showings. Fed. R. Civ. P. 65(b)(1). In this case, BP

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has failed to meet its burden for the issuance of extraordinary relief without notice and/or

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an opportunity to be heard by the adverse party.

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Therefore, it is hereby ORDERED that BP’s motion for a temporary restraining to

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be issued without notice is DENIED and the Court will note the motion for further

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consideration on August 22, 2011. The Court directs BP to make all reasonable efforts to

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give Defendants notice of this action, the motion for temporary restraining order, this

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order, and the noting date for the motion.

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DATED this 12th day of August, 2011.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2