Free Order on Motion to Expedite - District Court of California - California


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Date: April 8, 2008
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State: California
Category: District Court of California
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Case 3:08-cv-00491-JAH-POR

Document 32

Filed 04/08/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MAIL BOXES ETC., INC., v. Plaintiff, ) ) ) ) ) ) ) ) ) Civil No.08cv0491 JAH (POR) ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED HEARING ON MOTION FOR LEAVE TO AMEND [Doc. No. 25] AND SETTING BRIEFING SCHEDULE

STUPS, INC. and STUART BERK, Defendants.

On April 4, 2008, Plaintiff Mail Boxes Etc.'s ("MBE") filed an ex parte application for expedited hearing on its motion for leave to amend (Doc. No. 25) and a motion for leave to amend (Doc. No. 27). Plaintiff seeks to amend its complaint to add United Parcel Service of America, Inc. ("UPS") as a plaintiff. MBE is a subsidiary of UPS and the trademarks at issue in this matter are owned and registered by UPS and licensed to MBE. UPS seeks to become a plaintiff so it can seek to enjoin Defendants' unauthorized use of its marks. Because UPS wishes to join in Plaintiff's motion for temporary restraining order set for hearing before this Court on April 11, 2008, Plaintiff asks the Court to expedite its motion so it may be heard on April 11, 2008. This Court finds time constraints do not allow the motion to amend to be fully briefed by the parties before the hearing on April 11, 2008. Accordingly, Plaintiff's ex parte application is DENIED. However, the Court shall set an expedited briefing schedule on Plaintiff's motion to avoid any unreasonable delay in considering a motion to amend at the beginning stages of this litigation.

08cv0491

Case 3:08-cv-00491-JAH-POR

Document 32

Filed 04/08/2008

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Based on the foregoing, IT IS HEREBY ORDERED: 1. 2. 3. Plaintiff's ex parte application for an expedited hearing is DENIED. Defendants shall file a response to the motion on or before April 14, 2008. Any reply shall be filed on or before April 18, 2008. The motion will be deemed under submission at that time. DATED: April 8, 2008

JOHN A. HOUSTON United States District Judge

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08cv0491