SHC, Services Inc v. All Health Services, Corporation, et al - Document No. 10

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SHC, Services Inc v. All Health Services, Corporation, et al

Case 1:06-cv-00761-AWI-DLB

Doc. 10

Document 10

Filed 06/20/2006

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16

SHC SERVICES INC. dba SUPPLEMENTAL HEALTH CARE,

) ) ) Plaintiff, ) ) ) v. ) ) ALL HEALTH SERVICES CORP., ALL ) HEALTH SERVICES, LLC., ROBERT ) A. GARCIA, DEBORAH G. MACKEY, ) and NADINE M. PEREZ-TURRIETTA, ) ) ) Defendants. ) ____________________________________)

CV F 06-0761 AWI DLB

ORDER SETTING BRIEFING ON PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND SETTING DATE FOR HEARING THEREON [Document # 6]

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In this action for damages, injunctive relief, and accounting, plaintiff SHC Services, Inc.

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(“Plaintiff”) has applied ex parte for a temporary restraining order (“TRO”) to prevent defendants

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All Health Services Corp., et al. (“Defendants”) from appropriating and using trade secrets

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belonging to Plaintiff. Pursuant to Rule 65(b), Federal Rules of Civil Procedure, a temporary

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restraining order may be granted without notice to the adverse party only if: 1) it clearly appears

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from specific facts shown by affidavit or verified complaint that immediate and irreparable

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injury, loss or damage will result before the adverse party can be heard in opposition, and 2) the

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applicant’s attorney certifies the reasons that notice should not be required.

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While Plaintiff’s application alleges it will be harmed if Defendant’s practices are not restrained, the application does not allege reasons sufficient to issue such an order without notice

Dockets.Justia.com

Case 1:06-cv-00761-AWI-DLB

Document 10

Filed 06/20/2006

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to the opposing party or an opportunity to be heard. However, recognizing that the ongoing

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nature of the harm Plaintiff alleges implies an urgent need for injunctive relief, the court will

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direct briefing and schedule a hearing on the issue at the earliest practicable time.

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THEREFORE, it is hereby ordered that Defendants may file and serve an opposition to

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Plaintiffs request for TRO not later than 4:00 p.m. Monday, June 26, 2006. If Defendant does

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not oppose Plaintiffs request, Defendant shall file and serve a notice of non-opposition not later

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than 4:00 p.m. Monday, June 26, 2006. Plaintiff may file and serve a reply brief not later than

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4:00 p.m. Friday, June 30, 2006. Hearing on Plaintiff’s application for TRO shall be held at 1:30

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p.m. on Monday, July 3, 2006, in department 2.

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IT IS SO ORDERED.

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Dated: 0m8i78

June 20, 2006

/s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE

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