Common use of Request for Preliminary Injunction During Pendency of Adjudication Action Clause in Contracts

Request for Preliminary Injunction During Pendency of Adjudication Action. No later than sixty (60) days following the date that the BWD files with the Court the notice of completion of mailing required by Section 836, subd. (e) of the Code of Civil Procedure, the Parties shall submit to the Court a request for a preliminary injunction, pursuant to Code of Civil Procedure, section 847, to provide for the management of the Basin consistent with the terms of the Judgment, on an interlocutory basis, during the pendency of this Action through the entry of the Judgment and any appeal thereof, including without limitation the appointment of an interim Watermaster. Such application to the Court may also address other issues, as determined by the Parties. The Parties shall meet and confer and cooperate in good faith regarding the contents of the request for preliminary injunction. Notwithstanding any provision of this Section 2.2, should the Parties determine that an objection to the Judgment is unlikely to be made by any party to the Adjudication Action, the Parties may, in lieu of filing a motion for preliminary injunction pursuant to this Section 2.2, move the Superior Court to enter the Judgment as the final judgment in the Adjudication Action, and thereafter the Parties will only be required to file a motion for preliminary injunction pursuant to this Section 2.2 if an objection to the entry of Judgment is made by any party to the Adjudication Action.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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