IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ABS-CBN CORPORATION, a

Philippine corporation;

ABS-CBN FILM PRODUCTIONS,

INC. d/b/a Star Cinema, a

Philippine corporation; and

ABS-CBN INTERNATIONAL, a

California corporation,

Plaintiffs,

v.

JEFFREY ASHBY, an individual;

LENIE ASHBY, an individual;

jointly d/b/a WEBPINOYTAMBA

YAN.COM; WATCHFILIPINOTV.COM;

WATCHFILIPINOMOVIES.COM;

PINOY-TVKO.COM;

PINOYTVKO.BIZ; PINOY-TUBE.

COM; MYPINOYTUBETV.COM;

PINOYTALAGA.COM;

PINOYSTREAMING.COM;

PINOYMOVIEFAN.COM;

PINOYTVEPISODES.NET;

PINOYTVEPISODES.INFO; and

DOES 1-100,

Defendants.

3:14-CV-01275-HU

 

OPINION AND ORDER 

1 - OPINION AND ORDER

Case 3:14-cv-01275-BR Document 24 Filed 08/15/14 Page 1 of 4
MATTHEW A. LEVIN

CHAD M. COLTON 

Markowitz Herbold Glade & Mehlhaf, PC

1211 S.W. Fifth Avenue

Suite 3000

Portland, OR 97204

(503) 295-3085 

Attorneys for Plaintiffs

BROWN, Judge.

On August 15, 2014, the Court held further proceedings on

Plaintiffs’ Ex Parte Application (#3) for Entry of Temporary

Restraining Order and Ex Parte Application (#4) for Temporary

Order Restraining Transfer of Assets. Although Defendants

Jeffrey and Lenie Ashby sent the Court a letter before the

hearing, neither of them nor any person or attorney appeared at

the hearing on behalf of any defendant.

For the reasons stated on the record, the Court CONTINUES

the Temporary Restraining Orders (#12, #13) entered August 8,

2014, until further Order of the Court and not any later than 

September 18, 2014, when, as noted below, the Court will conduct

an evidentiary hearing on Plaintiffs’ outstanding request for a

preliminary injunction.

Pursuant to its case-management authority under Federal Rule

of Evidence 16, the Court grants all parties leave to conduct

immediately expedited discovery limited to the issues relevant to

Plaintiffs’ request for a preliminary injunction.

2 - OPINION AND ORDER

Case 3:14-cv-01275-BR Document 24 Filed 08/15/14 Page 2 of 4
The Court DIRECTS Plaintiffs to file no later than Noon,

September 11, 2014, a Memorandum in Support of their request for

a preliminary injunction in this matter concisely setting forth

the issues to be determined and the facts and legal standards

relevant to resolving such issues.

Defendants may, but are not required to, file a written

response to Plaintiffs’ Memorandum no later than Noon,

September 16, 2014.

As noted, the Court will conduct an evidentiary hearing on

Plaintiffs’ request for preliminary injunction on September 18,

2014, at 10:00 a.m. in Courtroom 14A of the United States

Courthouse, 1000 S.W. Third Avenue, Portland, Oregon.

The Court ADVISES Defendants Jeffrey and Lenie Ashby that

they may appear pro se as individuals and represent themselves

individually and to the extent that they individually are “doing

business as” any named Defendant-entity. Because Defendants

Jeffrey and Lenie Ashby are not attorneys, however, they may not

represent corporations or other unincorporated associations in

this Court. See, e.g., McGowan v. Boek, 402 F. App’x 287, 288

(9th Cir. 2012)(“‘Corporations and other unincorporated

associations must appear in court through an attorney.’” Quoting

Licht v. Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994)). 

Any Defendant receiving notice of this Order who fails to

appear at the September 18, 2014, evidentiary hearing or who

3 - OPINION AND ORDER

Case 3:14-cv-01275-BR Document 24 Filed 08/15/14 Page 3 of 4
otherwise fails to defend against Plaintiffs’ request for a

preliminary injunction risks the Court taking action against them

and deciding the merits of the request for a preliminary

injunction on the uncontested record.

The Court directs Plaintiffs’ counsel to serve a copy of

this Order on Defendants in the same manner as required for

service of summons and complaint and to file proof of service of

same in the record of this matter before the September 18, 2014,

evidentiary hearing.

IT IS SO ORDERED.

DATED this 15th day of August, 2014.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

4 - OPINION AND ORDER

Case 3:14-cv-01275-BR Document 24 Filed 08/15/14 Page 4 of 4