DVD CCA v. McLaughlin, et al. TRO Opinion
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The Court has reviewed Plaintiff's Complaint, Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction, the Supporting Declarations and Plaintiff's Supporting Memorandum of Points and Authorities.
The Request for a Temporary Restraining Order is Denied.
IT IS FURTHER ORDERED that the named defendants and DOES 1-500,
inclusive, and each of them, appear at Santa Clara Superior Court, Department 2,
San Jose, California, on January 14, 2000 at 1:30 pm or as soon thereafter as
the matter may be heard, to show cause, if any they have, why the injunction and
restraints sought in Plaintiff's proposed preliminary injunction should not be
entered against defendants, their principals, agents, servants, employees,
attorneys, successors and assigns, representatives and all persons acting in
concert or participation with them, during the pendency of this action, together
with any other injunctive relief as appropriate.
IT IS FURTHER ORDERED that a copy of this Order, Plaintiff's
Application for Temporary Restraining Order and Order to Show Cause, and all
supporting papers, be served upon defendants not later than December 31, 1999.
All defendants who reside in the United States, and as to whom Plaintiff has
identified a street address or post office box, are to be served by
return-receipt mail via the United States mail. Additionally, all defendants
who reside outside of the United States shall be served under procedures
applicable to such service. Plaintiff will also effect service of the
above-mentioned papers on all defendants by sending the papers via e-mail to
their web site addresses. Any defendants discovered after the date of this
Order are to be served in the same manner.
IT IS FURTHER ORDERED that defendants serve by (i) personal delivery
upon or transmittal of facsimiles to Jared B. Bobrow, Esq. at the offices of
Weil, Gotshal & Manges LLP, attorneys for Plaintiff, 2882 Sand Hill Road, Menlo
Park, CA 94025, telephone number 650-926-6200, facsimile number 650-854-3713, or
(ii) by e-mail to the following address: decss@weil.com, all papers, documents,
affidavits, declarations, records and pleadings which they intend to file in
response to this Order to Show Cause no later than January 7, 2000. Plaintiff
shall serve by personal delivery, transmittal of facsimiles or e-mail any
papers, documents, affidavits, declarations, records and pleadings which it
intends to file in reply to defendants' papers in response to this Order to Show
Cause no later than January 12, 2000.
Dated: December 29, 1999
Judge of the Superior Court
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