Free Motion to Vacate - District Court of California - California


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Date: May 31, 2007
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State: California
Category: District Court of California
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Word Count: 499 Words, 3,058 Characters
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Case 3:07-cv-02769-JL Document 7 Filed 05/31/2007 Page 1 of 2
1 1 HARVEY SISKIND LLP
D. PETER HARVEY (SBN 55712)
2 e-mail:[email protected] 3 SETH I. APPEL (SBN 233421)
e—mail: [email protected]
4 Four Embarcadero Center, 39th Floor
San Francisco, California 94111
5 Telephone: (415) 354-0100
6 Facsimile: (415) 391-7124 1
7 Attorneys for Defendants and Counterclaimants
SEOK KI KIM and STV ASIA, LTD.
8
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12
FRANK NEMIROFSKK Case N0.: C 07 2769 JL
13
piaimifg NOTICE OF MOTION AND MOTION TO
14 A VACATE OR MODIFY TEMPORARY
V. PROTECTIVE ORDERS
15
SEOK KI KIM; STV ASIA, LTD., a British .
16 Virgin Islands corporation; and DOES 1
17 through 20, inclusive,
I 8 Defendants.
19 ( SEOK KI KIM and STV ASIA, LTD., a
British Virgin Islands corporation,
20 _
Counterclaimants, V
21
v.
22
FRANK NEMIROFSKY,
23
Counterdefendant.
24
25
26
27 A -1-
NOTICE OF MOTION AND MOTION TO VACATE OR MODIFY TEMPORARY PROTECTIVE ORDERS
28 case No.: c 07 2769 JL

Case 3:07-cv-02769-JL Document 7 Filed 05/31/2007 Page 2 of 2
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that as soon as the matter may be heard in the above-entitled Court,
3 located at 450 Golden Gate Avenue, San Francisco, California, Defendants/Counterclaimants Seok V
4 Ki Kim and STV Asia, Ltd. (“Defendants") will, and do hereby, move the Court to vacate or modify
5 the temporary protective orders issued by the California Superior Court on May 16, 2007.
6 Plaintiff/Counterdefendant Frank Nemirofsky ("Plaintiff") is unlikely to prevail on any of his
7 relevant causes of action and, at any rate, he cannot establish great or irreparable injury.
8 Furthermore, Plaintiff himself has conceded, in papers filed with the Court and otherwise, that he is
9 not entitled to even half the amount covered by the temporary protective orders. I
10 In addition, Defendants will request that the Court require Plaintiff to file an undertaking, as
ll California law provides that a temporary protective order may not issue until an undertaking is filed. `
12 This motion is based on this Notice of Motion and Motion, the Memorandum of Points and
13 Authorities filed herewith, the Declarations of Seok Ki Kim, D. Peter Harvey, and Seth I. Appel and
14 any exhibits attached to same, the pleadings on file in this action, and any further evidence or
15 argument that the Court may properly receive at or before the hearing.
16
17 Dated: May 31, 2007 Respectfully submitted,
18 HARVEY sIsI 19 ,7 O
20 By: ,29. . iiii [
Seth 1(1Appe1
21
Attorneys for Defendants and Counterclaimants
22 SEOK KI KIM and STV ASIA, LTD.
23
24
25 1
26 K
27 -2-
NOTICE OF MOTION AND MOTION TO VACATE OR MODIFY TEMPORARY PROTECTIVE ORDERS
28 case N0.; C 07 2769 JL I

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