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 agent responsible to deliver it to the intended recipient, you 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)