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Seed Services, Inc., A California Corporation v. Winsor Grain

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 6, 2011

SEED SERVICES, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
WINSOR GRAIN, INC., A MINNESOTA CORPORATION, WILLIAM L. COOK, AN INDIVIDUAL, AND DOES 1 THROUGH 35, INCLUSIVE,
DEFENDANTS.
WILLIAM L. COOK, AN INDIVIDUAL, AND WINDSOR GRAIN, INC., A MINNESOTA CORPORATION,
COUNTERCLAIMANTS,
v.
SEED SERVICES, INC., A CALIFORNIA CORPORATION,
COUNTERDEFENDANT.

ORDER SETTING UP A BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION

On December 1, 2011, Plaintiff Seed Services, Inc. ("Seed Services") made a motion for temporary restraining order and order to show cause why a preliminary injunction should not issue. Doc. 39. Plaintiff has given notice to Defendants and set up a hearing on the matter on December 5, 2011. Having reviewed the papers, the court has determined that the matter is best handled as a full preliminary injunction motion. In key part, the court notes that Plaintiff has not provided any briefing on what bond amount if any is appropriate to support a temporary restraining order. This information is necessary to determine whether an order should issue.

It is ORDERED that:

The December 5, 2011 hearing is vacated.

Plaintiff will file additional briefing discussing the appropriate amount of security to support a preliminary injunction by 1:00 PM, Wednesday, December 7, 2011. Defendants will file an opposition by 4:00 PM, Friday, December 9, 2011. Plaintiffs will file a reply by 4:00 PM, Tuesday, December 13, 2011.

A hearing on the preliminary injunction will be held at 3:00 PM, Friday, December 16, 2011.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

20111206

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