May 21, 2014 |
Filing
71
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Plaintiff's Motion for Release of Bond Obligation and Confirmation of Arbitration Award 67 is hereby GRANTED IN PART and DENIED IN PART. Based on the parties' agreement, the bond is here by EXONERATED. The Clerk of Court is authorized to return the bond to plaintiff. The Court RESERVES ruling on plaintiff's request to confirm the arbitrator's award until such time as the arbitrator has resolved the question of which party should bear the cost of returning items not sold at auction. The Court will consider whether fees should be awarded after plaintiff files a motion for attorney's fees. Court Reporter: Not Present. (gk)
|
December 18, 2012 |
Filing
60
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 12/11/2012, defendants filed an ex parte application to extend by one week the deadline for filing an answer to plaintiff's complaint 56 . In light of the Court's 12/12/2012 order staying the case pending arbitration, the Court hereby DENIES the ex parte application as moot. Court Reporter: Not Present. (gk)
|
December 12, 2012 |
Filing
59
MINUTES (IN CHAMBERS) ORDER STAYING CASE PENDING ARBITRATION by Judge Christina A. Snyder: Defendants filed an ex parte application for an order compelling arbitration on 11/6/2012 22 . Pursuant to the Court's 11/21/2012 order, this ex parte ap plication was converted into a motion to compel arbitration. It appears that the parties are in agreement with respect to how to proceed in this case. Plaintiff takes the position that his claims should proceed in arbitration, and only requests that the Court retain jurisdiction over matters related to the interim relief the Court has already granted. Defendant agrees. Accordingly, the Court hereby STAYS this action pending resolution of plaintiff's claims in arbitration, but retains jurisd iction to hear any disputes regarding the preliminary injunction issued on 11/29/2012. The parties are ORDERED to provide the Court status updates on the progress of the arbitration every 180 days or within 20 days of the arbitrator's final decision, whichever first occurs. (Made JS-6. Case Terminated.) Court Reporter: Not Present. (gk)
|
December 5, 2012 |
Filing
53
PRELIMINARY INJUNCTION IN FAVOR OF PLAINTIFF EVANDER HOLYFIELD by Judge Christina A. Snyder: The Court hereby GRANTS Plaintiff's request for issuance of a Preliminary Injunction herein. IT IS HEREBY ORDERED that Defendants JULIEN ENTERTAINMENT.C OM, INC. dba JULIEN'S AUCTIONS, a California Corporation and DARREN JULIEN, an individual (collectively "Defendants"), and each of them, and their officers, agents, servants, employees and all those acting by and through, under or in c oncert or participation with any of them ARE HEREBY RESTRAINED AND ENJOINED regarding the identified 20 items of personal property which Plaintiff Evander Holyfield has expressly declined to give Defendants authorization to sell, etc. This Preliminary Injunction shall remain in effect pending completion of the trial of this action, entry of Judgment herein, or further Order of the Court. See document for details. (gk)
|
December 3, 2012 |
Filing
50
MINUTES (IN CHAMBERS) ORDER RE PRELIMINARY INJUNCTION by Judge Christina A. Snyder: On 11/21/2012, the Court granted plaintiff's request for a temporary restraining order 3 , and on 11/28/2012, the Court required plaintiff to post a $250,0 00 security. Plaintiff posted the required security on 11/29/2012. In the Court's 11/21/2012 order, the Court ordered defendants to show cause why a preliminary injunction should not issue restraining defendants from auctioning the Not For Sale Items. The Court finds that a preliminary injunction restraining defendants from auctioning the Not For Sale Items should issue. Plaintiff is hereby ORDERED to submit a form of injunction that complies with the terms of this order and the Court' s 11/21/2012 order. Additionally, pursuant to Federal Rule of Civil Procedure 65(b)(2), the temporary restraining order shall remain in effect until the Court issues a preliminary injunction because defendants, under the circumstances, do not oppose the issuance of a preliminary injunction. Court Reporter: Not Present. (gk)
|
November 27, 2012 |
Filing
45
MINUTES (IN CHAMBERS) ORDER SETTING AMOUNT OF BOND by Judge Christina A. Snyder: On 11/21/2012, the Court granted plaintiff's request for a temporary restraining order, and requested supplemental briefing from the parties addressing what amount of security plaintiff should be required to post pursuant to Federal Rule of Civil Procedure 65 39 . The Court hereby ORDERS plaintiff to post a security in the amount of $250,000. The security must be posted in a form compliant with applicable law. Court Reporter: Not Present. (gk)
|
November 21, 2012 |
Filing
39
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Plaintiff's Ex Parte Application for Temporary Restraining Order 3 ; Defendants' Ex Parte Application for Order to Compel Arbitration and to Stay Pending Action 22 . Plaintiff's Ex Parte Application for Temporary Restraining Order restraining the sale of the Not For Sale Items is hereby GRANTED. Pursuant to Federal Rule of Civil Procedure 65, a temporary restraining order preventing defendants from auctioning the Not For Sal e Items should issue, to remain in effect until 12/3/2012. Plaintiff is ordered to prepare a form of temporary restraining order that conforms to the Court's order. the Court orders that the ex parte application to compel arbitration be converte d into a Motion to Compel Arbitration 9 . Plaintiff must submit its opposition to the motion no later than 12/3/2012, and defendants must submit their reply no later than 12/10/2012. The motion will be heard on 12/17/2012 at 10:00 AM before Judge Ch ristina A. Snyder. The Court directs the parties to address the amount of a bond in supplemental briefing: plaintiff must submit a brief by 11/23/2012, and defendants must reply by 11/26/2012. Additionally, the Court hereby ORDERS the parties to show cause why a preliminary injunction restraining defendants from auctioning the Not For Sale items should not issue on 12/3/2012. Defendants are required to submit a brief explaining why a preliminary injunction should not issue by 11/26/2012, and plaintiff must reply by 11/30/2012. Court Reporter: Not Present. (gk)
|