<= DeCSS Central Main Page
Message-ID: <85256857.00829FC3.00@smtp-ny01.weil.com>
Date: Thu, 30 Dec 1999 18:46:35 -0500
Subject: notice
NOTICE
DVD COPY CONTROL ASSOCIATION, INC.,
v.
ANDREW THOMAS MCLAUGHLIN ET. AL.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CV - 786804
This is a notice to inform you that a hearing regarding DVD CCA
?s application
for a Temporary Restraining Order (TRO) in the above-captioned case was =
held on
Wednesday, December 29, 1999 in front of Judge Elfving of the Superior =
Court of
the State of California County of Santa Clara. The Court denied DVD =
CCA?s
application for a TRO and set a date for the preliminary injunction =
hearing on
January 14, 2000 at 1:30 p.m. The address of the Court is 191 North =
First
Street, San Jose, California. Defendants must file their briefs in =
opposition
to the application for a preliminary injunction by January 7. DVD CCA =
must file
its reply papers by January 12.
On Thursday, December 30, 1999, attorneys for DVD CCA will mail a =
complete set
of documents filed with the Court and a copy of the Court?s order to =
all U.S.
defendants for whom we have addresses. We also will serve copies of =
the
documents to international defendants pursuant to the procedures =
applicable for
the countries in which they reside. If you are a defendant and would =
like a set
of the papers, send your name and address to decss@weil.com and a copy =
will be
mailed to you immediately.
Attached below is an imaged copy of the Court's December 29, 1999 =
order. In the
event that you are unable to access this copy, we also have provided =
below the
text of the Court's order. If you would like a hard copy of the order =
mailed to
you, please send your name and address to decss@weil.com and a copy =
will be sent
to you. A declaration of service, confirming that this notice has been =
sent,
also is attached below.
(See attached file: ~EFO1600.TIF) (order)
TEXT OF THE COURT'S ORDER:
The Court has reviewed Plaintiff?s Complaint, Application for
Temporary Restraining Order and Order to Show Cause Re: Preliminary =
Injunction,
the Supporting Declarations and Plaintiff?s Supporting Memorandum of =
Points and
Authorities.
The Request for a Temporary Restraining Order is Denied.
IT IS FURTHER ORDERED that the named defendants and DOES =
1-500,
inclusive, and each of them, appear at Santa Clara Superior Court, =
Department 2,
San Jose, California, on January 14, 2000 at 1:30 pm or as soon =
thereafter as
the matter may be heard, to show cause, if any they have, why the =
injunction and
restraints sought in Plaintiff?s proposed preliminary injunction should =
not be
entered against defendants, their principals, agents, servants, =
employees,
attorneys, successors and assigns, representatives and all persons =
acting in
concert or participation with them, during the pendency of this action, =
together
with any other injunctive relief as appropriate.
IT IS FURTHER ORDERED that a copy of this Order, Plaintiff?s
Application for Temporary Restraining Order and Order to Show Cause, =
and all
supporting papers, be served upon defendants not later than December =
31, 1999.
All defendants who reside in the United States, and as to whom =
Plaintiff has
identified a street address or post office box, are to be served by
return-receipt mail via the United States mail. Additionally, all =
defendants
who reside outside of the United States shall be served under =
procedures
applicable to such service. Plaintiff will also effect service of the
above-mentioned papers on all defendants by sending the papers via =
e-mail to
their web site addresses. Any defendants discovered after the date of =
this
Order are to be served in the same manner.
IT IS FURTHER ORDERED that defendants serve by (i) personal =
delivery
upon or transmittal of facsimiles to Jared B. Bobrow, Esq. at the =
offices of
Weil, Gotshal & Manges LLP, attorneys for Plaintiff, 2882 Sand Hill =
Road, Menlo
Park, CA 94025, telephone number 650-926-6200, facsimile number =
650-854-3713, or
(ii) by e-mail to the following address: decss@weil.com, all papers, =
documents,
affidavits, declarations, records and pleadings which they intend to =
file in
response to this Order to Show Cause no later than January 7, 2000. =
Plaintiff
shall serve by personal delivery, transmittal of facsimiles or e-mail =
any
papers, documents, affidavits, declarations, records and pleadings =
which it
intends to file in reply to defendants? papers in response to this =
Order to Show
Cause no later than January 12, 2000.
Dated: December 29, 1999
Judge of the Superior Court
**********NOTE**********
The information contained in this email message is intended only
for use of the individual or entity named above. If the reader
of this message is not the intended recipient, or the employee or
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are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you
have received this communication in error, please immediately
notify us by telephone (212-310-8000), and destroy the original
message. Thank you.
(e-mail dec) (See attached file: $62b01!.DOC)