Duncan McIntosh Co. v. Newport Dunes Marina LLC

Good Law
324 F. Supp. 2d 1078·2004 WL 943927·71 U.S.P.Q. 2d (BNA) 1295·2004 U.S. Dist. LEXIS 7558
United States District Court, Central District of CaliforniaApril 6, 2004SACV04-312AHSMCXCalifornia3,285 words

Opinion

Opinion

Stotler, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I.

PROCEDURAL BACKGROUND

On March 22, 2004, plaintiff filed an ex parte application for a temporary restraining order and an order to show cause re: preliminary injunction. On March 23, 2004, the Newport Dunes Marina LLC, Dunes Resort LLC and Newport Dunes Resort and Marina (collectively “Dunes defendants”) filed opposition thereto. On March 24, 2004, the Southern California Marina Association (“SCMA”) also filed opposition. On March 24, 2004, the Court issued an Order to defendants to show cause why a preliminary injunction should not issue. On March 25, 2004, plaintiff filed a reply brief.

On March 29, 2004, the Court heard oral arguments from counsel for the three parties, indicated that certain preliminary injunctive relief would be granted, and ordered the hearing continued for the purpose of learning whether the parties were able to agree on suitable names for the SCMA boat show or whether Court intervention on the issue would be required. On March 30, 2004, the Court held a further hearing. On March 30, 2004, the Court issued a preliminary injunction in plaintiffs favor.

Having considered the parties’ papers, declarations,…

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