Uttam Chand Rakesh Kumar v. Derco Associates, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UTTAM CHAND RAKESH KUMAR, an No. 1:21-cv-00692-DAD-HBK Indian general partnership, et al., 12 Plaintiffs, ORDER DENYING PLAINTIFFS’ MOTION v. FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY DERCO ASSOCIATES, INC., a California INJUNCTION corporation d/b/a DERCO FOODS, (Doc. No. 3) Defendant.

18 On April 26, 2021, plaintiffs Uttam Chand Rakesh Kumar, Rakesh Kumar Bhatia, Akshay Kumar Bhatia, and UCRK Agros Private Ltd. (collectively, “plaintiffs”) filed a complaint against defendant Derco Associates, Inc. d/b/a Derco Foods (“defendant” or “Derco”), seeking a declaratory judgment that the arbitration agreement between the parties is unenforceable and that a release of liability is enforceable against defendant. (Doc. No. 1 (“Compl.”).) Plaintiffs also seek a permanent injunction prohibiting defendant from pursuing contract claims against plaintiffs through arbitration proceedings. (Id.)…