ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER - Hearing Date March 21, 2024 - Courtroom 7

Sep 21, 2026

Order granting the plaintiff’s motion for a Temporary Restraining Order in the Eastern District of California, Sacramento Division. The court orders Pepperidge Farm to restore Vital Distributions’ operations to the status quo as of 4:00 p.m. PST on March 15, 2024 and enjoins Pepperidge Farm from restricting Vital Distributions’ business conduct and ability to order, sell, and deliver products within its exclusive territory. The order further requires immediate reinstatement of Vital’s handheld computers and related systems and remains in effect pending a preliminary injunction hearing.

LanguageEnglish

CategoryLetters

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Pages3

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Order and Relief Granted

Temporary Restraining Order Terms

Notice and Hearing on Preliminary Injunction

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Tory E. Griffin (SBN 186181)
Jake C. Weaver (SBN 300962)
Avalon J. Fitzgerald (SBN 288167) REYNOLDS TILBURY WOODWARD LLP 11601 Blocker Drive, Suite 105
Auburn, CA 95603
Telephone: (530) 885-8500
Facsimile: (530) 885-8113
Email: [tgriffin@rtwlawllp.com](tgriffin@rtwlawllp.com)
Email: [jweaver@rtwlawllp.com](jweaver@rtwlawllp.com)
Email: [afitzgerald@rtwlawllp.com](afitzgerald@rtwlawllp.com)
Attorneys for Plaintiff VITAL DISTRIBUTIONS, LLC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION | | | --- | --- | | VITAL DISTRIBUTIONS, LLC, a California limited liability company,
Plaintiff,
v.
PEPPERIDGE FARM, INCORPORATED, a Connecticut corporation,
Defendants. | Case No.: 2:22-cv-00319-MCE-KJN
ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER
Hearing Date: March 21, 2024
Time: 10:00 a.m.
Courtroom: 7
Judge: Hon. Morrison C. England, Jr. | | ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER | | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | Case 2:22-cv-00319-MCE-CKD Document 71 Filed 03/20/24 Page 2 of 3
After reviewing the moving papers and having considered the argument and evidence therein, as well as the record in its entirety, the Court orders as follows:
TEMPORARY RESTRAINING ORDER
IT IS HEREBY ORDERED that Plaintiff’s Motion for Temporary Restraining Order is GRANTED. Accordingly, it is ordered that:
(1) Defendant Pepperidge Farm (“Pepperidge Farm”) shall restore Vital Distributions ’operations to the status quo that existed as of 4:00 p.m. PST on March 15, 2024;
(2) Pepperidge Farm is enjoined and restrained from restricting Vital Distributions’ ability to conduct its business in the manner that Vital Distributions did prior to 4:00 p.m. PST on March 15, 2024;
(3) Pepperidge Farm is enjoined and restrained from removing, restricting, preventing or otherwise interfering with Vital Distributions’ ability to order, sell, and deliver Pepperidge Farm products within Vital Distributions’ exclusive Territory, as Vital Distributions did prior to 4:00 p.m. PST on March 15, 2024;
(4) Pepperidge Farm is enjoined and restrained from selling, transferring, trading, or modifying, or marketing any sale, transfer, trade, or modification of, any portion of Vital Distributions’ operations within its exclusive Territory;
(5) Pepperidge Farm shall immediately reinstate and restore Vital Distributions’ ability to use handheld computers and related systems relating to Vital Distributions’ orders, inventory, and sales, consistent with the use of such computers and systems Vital Distributions had prior to 4:00 p.m. PST on March 15, 2024.
This order is to remain in effect until the Court may hear and decide whether a preliminary injunction should issue.
The Court finds no bond is required because there is no realistic likelihood of harm to Pepperidge Farm from enjoining the conduct herein.
Pursuant to Federal Rule of Civil Procedure 65(b)(4) and Local Rule 231(c)(8), if any affected party has not received notice of Motion for Temporary Restraining Order, such party has the right to apply to the Court for modification or dissolution of this Order on two (2) days’ notice
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ORDER GRANTING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER | | | --- | --- | | | | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | Case 2:22-cv-00319-MCE-CKD Document 71 Filed 03/20/24 Page 3 of 3
or such shorter notice as the court may allow.
HEARING ON MOTION FOR PRELIMINARY INJUNCTION
IT IS FURTHER ORDERED that a hearing on Vital

FAQs

What does the court order Pepperidge Farm to do regarding operations as of March 15, 2024?

Pepperidge Farm is ordered to restore Vital Distributions’ operations to the status quo that existed as of 4:00 p.m. PST on March 15, 2024.

What conduct is Pepperidge Farm enjoined from doing under the Temporary Restraining Order?

Pepperidge Farm is enjoined from restricting Vital Distributions’ ability to conduct its business and from removing, restricting, preventing, or interfering with Vital’s ability to order, sell, and deliver Pepperidge Farm products within the exclusive territory, and from selling or modifying operations within that territory.

When is the hearing on the anticipated preliminary injunction scheduled, and what procedural filings are required?

A hearing is set for March 28, 2024 at 10:00 a.m. via Zoom. The parties must file a waiver of personal appearance, consent to appear by videoconference, and a proposed order addressing the same, with the proposed order emailed to chambers in Word in addition to filing the PDF via CM/ECF.

Sep 21, 2026

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