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Grooms v. Legge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 1, 2009

JAMES GROOMS; BRYCEMARIE PHELAN; KNUKLE, INC., A COLORADO CORPORATION, PLAINTIFFS,
v.
JOHN LEGGE; GWEN LEGGE; KNUKLE, INC., A CALIFORNIA CORPORATION; ARTILLERY DISTRIBUTION; SEAN MYERS; DEVIN MERCADO; DOES 1-50, DEFENDANTS.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER REGARDING DEFENDANTS' MOTION TO CLARIFY TEMPORARY RESTRAINING ORDER [Doc. No. 30]

On March 30, 2009, defendants moved the Court to clarify the extent of the temporary restraining order. [Doc. No. 30.] Specifically, defendants questioned whether the order required defendants to transfer control of the website to plaintiffs. At an expedited discovery conference, Magistrate Judge Battaglia ordered the parties to hold the status quo on the transfer of ownership pending clarification by this Court. [Doc. No. 31.] The TRO in question orders control of the website be transferred "with respect to any and all prior or current purchase orders." [Doc. No. 14.] Because this does not involve any future orders, the Court finds that defendants have complied with the order by closing the website. At this juncture, turning over control of the website would affect future purchase orders, which exceeds the bounds of the above quoted conditional language. Therefore, the Court orders the parties to hold the status quo on the transfer of ownership of the website until the April 7, 2009 hearing on plaintiffs' pending motions.

IT IS SO ORDERED.

20090401

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