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Michael T. Pines, An Individual v. Christian Mclaughlin

April 11, 2011

MICHAEL T. PINES, AN INDIVIDUAL;
PINES AND ASSOCIATES, A.P.C.; PRECEDENT LEGAL SYSTEMS, L.L.C., PLAINTIFFS,
v.
CHRISTIAN MCLAUGHLIN, ESQ., AN INDIVIDUAL; LISA DE BENEDITTIS, AN INDIVIDUAL; LEGAL OBJECTIVE, AN ENTITY; KRISTEN BAKER, AN INDIVIDUAL; MOVING COMPANY, NAME UNKNOWN; STATE BAR OF CALIFORNIA, DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge:

ORDER

The matter before the Court is Plaintiffs' Renewed Application for Temporary Restraining Order and Preliminary Injunction. (ECF No. 11).

BACKGROUND

On March 9, 2011, Plaintiffs filed a Complaint and an Application for Temporary Restraining Order and Preliminary Injunction. (ECF Nos. 1, 2).

On March 9, 2011, the Court issued an Order denying the Application for Temporary Restraining Order on the basis that Plaintiffs failed to indicate that Defendants had received notice of the application and failed to comply with the requirements of Federal Rule of Civil Procedure 65(b)(1)(B), which governs the issuance of a temporary restraining order without notice. (ECF No. 5).

On March 14, 2011, Plaintiffs filed an Amended Complaint. (ECF No. 6). The Amended Complaint asserts the following causes of action: (1) violation of the Electronic Communications Privacy Act, 18 U.S.C. § 2511; (2) fraud; (3) breach of fiduciary duty; (4) conversion; (5) trespass; (6) defamation; (7) declaratory relief; (8) interference with prospective economic advantage; (9) violation of the Uniform Trade Secrets Act, Cal. Civ. Code § 3426; (10) assault and battery; and (11) "defamation and aiding and abetting other Defendants against the State Bar." Id. at 19.

On April 4, 2011, Plaintiffs filed the Renewed Application for Temporary Restraining Order and Preliminary Injunction. (ECF No. 11). Pursuant to Federal Rule of Civil Procedure 65, Plaintiffs move for a temporary restraining order and preliminary injunction "restraining and enjoining defendants, their officers, agents, servants, employees and attorneys, and all those in active concert of participation with Defendants McLaughlin and De Benedittis from" the following:

(1) Interfering with the conduct and operation of Plaintiffs' businesses;

(2) Communicating with persons or entities the Plaintiffs do business with, including but not limited to posting negative information on the web sites, sending e-mails, or other negative information promoting seminars or other events by Precedent Legal Systems that is defamatory;

(3) from intercepting any electronic communications intended for plaintiffs, Michael T. Pines, including but not limited to, any faxes sent to 760-642-0419 and any e-mail sent to mpines@legalobjective.com and using said information to harass plaintiff as more specifically as more fully defined and prohibited by C.C.P. 527.6, Penal Code 646.9, 18 U.S.C. 2510, and 18 U.S.C § 2511 (Interception and disclosure of wire, oral, or electronic communications prohibited);

(4) Stay at least 100 yards away from Pines and any and all employees of Pines and his businesses;

(5) Engaging in acts on the Internet commonly referred to as 'Spoofing' which includes using false names in e-mails or postings;

(6) Posting on websites, Blogs, or otherwise putting information on the Internet of a negative nature against Plaintiffs;

(7) Remain at least 100 yards away from the Plaintiffs, their employees, agents, business associates, ...


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