Opinion
8:21-CV-02059-JVS (JDEx)
12-20-2021
JUSTIN VEDDER, an Individual, and SITUSAMC HOLDINGS CORPORATION, a Delaware Corporation Plaintiffs, v. ALTISOURCE SOLUTIONS, INC., a Delaware Corporation, and DOES 1 through 10, Inclusive, Defendants.
Complaint Filed: December 6, 2021
Removed December 13, 2021
ORDER TO SHOW CAUSE [FILED CONCURRENTLY WITH APPLICATION; DECL. OF JUSTIN VEDDER; DECL. OF MICHAEL FRANCO]
The Court, having reviewed Plaintiffs Justin Vedder and SitusAMC Holdings Corporation's Application for Temporary Restraining Order, the Declarations of Justin Vedder, and Michael Franco in support thereof and good cause appearing hereby orders as follows:
1. Defendant received reasonable and adequate advance notice of Plaintiffs' Application for Temporary Restraining Order;
2. It is likely that Plaintiffs will prevail on the merits of its claims at trial;
3. Plaintiffs have no adequate remedy at law;
4. The balance of hardships tips in Plaintiff's favor in that the injury that Plaintiffs will suffer if temporary injunctive relief is not granted outweighs any injury that Defendant will suffer if such relief is granted; and
5. Plaintiffs will suffer irreparable injury and loss in the event that a temporary restraining order is not granted.
6. Defendants are restrained from enforcement of the Non-Solicit provision, including venue, forum, and choice of law provisions associated therewith and from taking any non judicial action to enforce the provision, including without limitation, interfering with the relationships between SitusAMC and any of its current or prospective clients, customers, and vendors.
ORDER TO SHOW CAUSE
IT IS HEREBY ORDERED that Defendant shall appear before this Court in Court Room 10C on January 3, 2022 at 3:00 p.m. to show cause why a Preliminary Injunction should not be issue against it and all persons acting in concert with or participating with them:
Restraining it from taking any other action other than in California Court to attempt to enforce its choice of law/venue/forum provisions and Non-Solicit provisions between it and Plaintiff Vedder which are memorialized in the moving papers. This restraint includes taking any further steps in any other Court, and interfering with the relationships between SitusAMC and any of its current or prospective clients, customers, and vendors.
The scope of this order is limited to enforcement of the Non-Solicit provision, including venue, fourm and choice of law provisions associated therewith, and is not intended to affect the assertion or enforcement of any other claim defendant may have against Plaintiffs.
Any opposition shall be filed and served personally or by email no later than December 27, 2021. Plaintiffs may similarly file and serve any reply no later than noon December 30, 2021
IT IS SO ORDERED.