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InfoVision Software vs. OCLC (UK) -- Order denying without prejudice plaintiff's ex parte application for temporary restraining order

Copyright (c) 2009 United States District Court Southern District of California

On December 3, 2009, Infovision Software, Inc. (“Plaintiff”) filed a complaint against OCLC (UK) Ltd. (“Defendant”) arising out of a licensing agreement to which Plaintiff and Defendant are parties. (Doc. No. 1.) On December 4, 2009, Plaintiff filed an ex parte application for a temporary restraining order (“TRO”). (Doc. No. 3.) The Court notes that the licensing agreement, attached as Exhibit A to Plaintiff’s TRO application, contains an “Arbitration and Governing Law” clause. (Doc. No. 3 Ex. A ¶ 22.) The clause states that “[t]he parties stipulate that the proper forum, venue and court for any legal action arising from or in connection with this Agreement shall be the state courts of Victoria, Australia.” (Id.) Moreover, the clause provides that the agreement shall be construed under and governed by the laws of the State of Victoria, Australia, and that any dispute arising from the agreement may be referred to arbitration. (Id.)

In light of these arbitration, choice of law, and forum and venue provisions, the Court denies without prejudice Plaintiff’s ex parte application for a TRO. If Plaintiff wishes to proceed, it shall properly serve Defendant and call for a hearing date pursuant to Local Civil Rule 7.1.

IT IS SO ORDERED. DATED: December 4, 2009

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Publication Year:2009
Type of Material:Document
Language English
Issue:December 4, 2009
Publisher:United States District Court Southern District of California
Series: Case Number: 3:09-cv-02714-JMA
Notes:Case Number 3:09-cv-02714-JMA
Products: Amlib
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Record Number:14951
Last Update:2012-12-29 14:06:47
Date Created:2010-08-03 08:28:48