XPO Logistics, Inc et al v. Thomas

Filing 13

ORDER Establishing Briefing Schedule re: Plaintiff's 5 MOTION for Temporary Restraining Order ; RENOTED to 9/20/2017, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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XPO LOGISTICS, INC., a Delaware
corporation, and XPO LOGISTICS FREIGHT,
INC., a Delaware corporation,

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ORDER ESTABLISHING
BRIEFING SCHEDULE

Plaintiffs,

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Case No. C17-1346RSL

v.
THOMAS MICHAJLA,
Defendant.
On Thursday, September 7, 2017, plaintiffs filed a complaint alleging defendant violated
state and federal trade secret laws, Dkt. # 1, and included a motion for a temporary restraining
order, order to show cause why a preliminary injunction should not issue, and order permitting
expedited discovery, Dkt. # 5.
There is no indication on the record that plaintiffs served defendant or otherwise provided
notice of the motion. A party may obtain a temporary restraining order without notice to the
adverse party, but only after providing “specific facts in an affidavit or a verified complaint
clearly show[ing] that immediate and irreparable injury, loss, or damage will result to the
movant before the adverse party can be heard in opposition,” and providing a certified
explanation of why notice should not be required. Fed. R. Civ. P. 65(b)(1).
Plaintiffs have not met those requirements and are hereby directed to serve defendants
with the summons, with the complaint and accompanying motions, and with this Order on or

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ORDER ESTABLISHING BRIEFING SCHEDULE - 1
XPO Logistics, Inc. v. Michajla, C17-1346

1 before Thursday, September 14, 2017. The Clerk of Court is directed to renote plaintiffs’
2 “Motion for Temporary Restraining Order, Order to Show Cause, and Order Permitting
3 Expedited Discovery,” Dkt. # 5, on the Court’s calendar for Wednesday, September 20, 2017.
4 Defendant may file a response no later than 4:30 PM on Tuesday, September 19, 2017.
5 Plaintiffs’ reply, if any, shall be filed no later than 4:30 PM on the note date.
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DATED this 11th day of September, 2017.

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A
Robert S. Lasnik
United States District Judge

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ORDER ESTABLISHING BRIEFING SCHEDULE - 2
XPO Logistics, Inc. v. Michajla, C17-1346