SMART TECHNOLOGIES ULC v. RAPT TOUCH IRELAND LTD., 16-cv-03531-VC. (2016)
Court: District Court, N.D. California
Number: infdco20160706a39
Visitors: 7
Filed: Jul. 01, 2016
Latest Update: Jul. 01, 2016
Summary: ORDER VINCE CHHABRIA , District Judge . A hearing will take place on the application for a temporary restraining order on Thursday, July 7, 2016 at 10:00 a.m. The parties should be prepared to discuss the following: • Should Section 9.4 of the contract be interpreted as limiting a party's right to seek emergency relief to situations where the arbitrator would not be capable of providing such relief in a timely fashion Assuming Delaware law applies, what does it say about this topic Cf.
Summary: ORDER VINCE CHHABRIA , District Judge . A hearing will take place on the application for a temporary restraining order on Thursday, July 7, 2016 at 10:00 a.m. The parties should be prepared to discuss the following: • Should Section 9.4 of the contract be interpreted as limiting a party's right to seek emergency relief to situations where the arbitrator would not be capable of providing such relief in a timely fashion Assuming Delaware law applies, what does it say about this topic Cf. ..
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ORDER
VINCE CHHABRIA, District Judge.
A hearing will take place on the application for a temporary restraining order on Thursday, July 7, 2016 at 10:00 a.m. The parties should be prepared to discuss the following:
• Should Section 9.4 of the contract be interpreted as limiting a party's right to seek emergency relief to situations where the arbitrator would not be capable of providing such relief in a timely fashion? Assuming Delaware law applies, what does it say about this topic? Cf. Cal. Code Civ. Proc. § 1281.8.
• How soon would the arbitrator be able to entertain the request for emergency relief that the plaintiff has sought here?
• Even putting aside the meaning of Section 9.4, the issuance of emergency relief in federal court is a matter of discretion. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). If the arbitrator could timely entertain the request for emergency relief, why should the Court use its discretion to grant it here?
IT IS SO ORDERED.
Source: Leagle
