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Technology Stocks : WDC/Sandisk Corporation -- Ignore unavailable to you. Want to Upgrade?


To: Ausdauer who wrote (7907)10/30/1999 7:08:00 PM
From: Michael A. Gottesman  Respond to of 60323
 
Here is the actually text of FRCP 65(c):
"No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in
such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered
by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of
the United States or of an officer or agency thereof."

So it appears that Lexar has requested a bond. The "notice of filing" by Lexar on 9/20/99 is probably an indication by Lexar of what they would consider the appropriate amount of the bond. Of course the Court will deem the proper amount. The notice was served upon Sandisk.

In all likelihood, the Judge made his ruling on 9/17 indicating the terms of the injunction and the attorneys were to agree on the actual wording of the written order and submit an agreed to form of order to the court.

The motion by Lexar on 9/20 probably indicates the inability to agree on the form of the order.

Mike G.



To: Ausdauer who wrote (7907)10/31/1999 9:29:00 AM
From: Art Bechhoefer  Read Replies (1) | Respond to of 60323
 
Aus and Michael, it appears as if Lexar has just a weak pair compared with SanDisk's full house. I'm reminded of the song that says, in part, "You gotta know when to hold, and when to fold."

Art