1 JOHN ULIN (SBN 165524)

Email: julin@troygould.com
2 AMY STALLING (SBN 316353)
Email: astalling@troygould.com
3 TROYGOULD PC
1801 Century Park East, 16th Floor
4 Los Angeles, CA 90067-2367
Telephone: (310) 553-4441
5 Facsimile: (310) 201-4746
6 Attorneys for Plaintiff
MAFFICK LLC
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
11 MAFFICK LLC, a Delaware limited Case No.
liability company,
12 PLAINTIFF’S EX PARTE
Plaintiff, APPLICATION FOR A
13 TEMPORARY RESTRAINING
v. ORDER AND ORDER TO SHOW
14 CAUSE RE: PRELIMINARY
FACEBOOK, INC., a Delaware INJUNCTION
15 corporation, and Does 1-10, inclusive,
16 Defendants.
17
18 Plaintiff moves, pursuant to Fed. R. Civ. P. 65 and Civil Local Rules 7-10 and
19 65-1, for entry of a temporary restraining order and preliminary injunction requiring
20 Defendant to remove the false designation it has posted on Plaintiff’s social media
21 pages and posts, labeling it as “Russia state-controlled media,” pending judicial
22 resolution of this action. Plaintiff’s motion is based on this Ex Parte Application, the
23 accompanying Complaint, the accompanying Memorandum of Points and
24 Authorities, the accompanying proposed Temporary Restraining Order, the
25 accompanying supporting declarations, as well as the papers, evidence, and records
26 on file in this action, and any other written or oral evidence or arguments presented
27 at or before the time this motion is heard by the Court.
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 1 Counsel for Plaintiff has advised counsel for Defendant of the date and
2 substance of this motion by email on July 29, 2020. Defense counsel is expected to
3 appear and oppose this motion.
4 As set forth in the Memorandum of Points and Authorities, a temporary
5 restraining order is necessary to prevent immediate and irreparable harm to Plaintiff,
6 which is suffering and will continue to suffer substantial injury to its reputation and
7 business opportunities and relationships as a result of Defendant’s June 5, 2020
8 unilateral decision to falsely and prominently label Plaintiff’s social media pages as
9 “Russia state-controlled media.”
10 Plaintiff has filed the instant lawsuit against Facebook alleging causes of
11 action for defamation, intentional interference with prospective economic advantage,
12 violation of Section 43(a) of the Lanham Act, and violation of California’s Unfair
13 Competition Law. As will be shown in the accompanying Memorandum of Points
14 and Authorities, Plaintiff is likely to succeed on the merits of its Complaint. In
15 addition, the likelihood of immediate and irreparable harm to Plaintiff if Defendant is
16 not restrained is certain; the balancing of equities weighs heavily in favor of Plaintiff;
17 and, the public interest is best served by issuance of the injunctive relief sought
18 herein. Therefore, the Court should grant Plaintiff’s request and issue an immediate
19 temporary restraining order and an order to show cause why a preliminary injunction
20 should not issue, pending a resolution of this action.
21
22 Respectfully submitted,
23
Dated: July 20, 2020
24 TROYGOULD PC
25
26 By: /s/ John Ulin
JOHN ULIN
27 Attorneys for Plaintiff
MAFFICK LLC
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