) [Hon. Jeffrey S. S. White] White] LTD, a a Cayman Islands entity, entity, ) CASE NO. CV JSW JSW LTD, a a Swiss entity; and and JULIUS ) ) ) )

Transcription

1 UNITED STATES DISTRICT COURT COURT 9 FOR THE NORTHERN DISTRICT DISTRICT OF CALIFORNIA OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 BANK JULIUS BAER BAER & CO. & CO. CASE NO. CV08-08 JSW JSW LTD, a a Swiss entity; and and JULIUS [Hon. Jeffrey S. S. White] White] 12 BAER BANK AND AND TRUST TRUST CO. CO. LTD, a a Cayman Islands entity, entity, 13 [PROPOSED] rpr6p6sml AMENDED AMENDED Plaintiffs, TEMPORARY RESTRAINING 14 ORDER AND ORDER TO SHOW TO SHOW v. V. CAUSE RE RE PRELIMINARY 15 INJUNCTION WIKILEAKS, an entity an entity of unknown of unknown 16 form, WIKILEAKS.ORG, an entity an entity of unknown form; DYNADOT, 17 LLC, a a California limited limited liability liability corporation, and DOES 1 through , inclusive, Defendants Case case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 1 of \PLE\PROP-ORD-TRO CV08-08 JSW [PROP] AMENDED TRO & OSC RE PRELIM. INJUNCTION frrop-] AMENDED TRO & OSC RE PRELIM. INJUNCTION

2 Case case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 2 of TO DEFENDANTS WIKILEAKS, WIKILEAKS.ORG, WIKILEAKS.ORG, DYNADOT, DYNADOT, LLC, AND THEIR RESPECTIVE ATTORNEYS ATTORNEYS OF RECORD: OF RECORD: This matter having come before the Court on on Plaintiffs BANK BANK JULIUS JULIUS BAER BAER & CO. LTD's LTD s and and JULIUS BAER BAER BANK BANK AND TRUST AND TRUST CO. LTD's CO. (collectively LTD s (collectively herein, Julius "Julius Baer" Baer and/or and/or "Plaintiffs" Plaintiffs ex parte ex application parte application for temporaryfor temporary restraining order and order to to show cause re re preliminary injunction ("Application" ( Application against Defendants WIKILEAKS, WIKILEAKS.ORG, DYNADOT, DYNADOT, LLC and LLC and DOES 1-10; And, the the Court Court having having considered considered the Complaint, the Complaint, the declarations the declarations and and memorandum of of points and and authorities presented presented by Plaintiffs by Plaintiffs support in support of the of the Application, and and any any other other papers, evidence or arguments or presented presented by the by parties the parties in connection with Plaintiffs' Plaintiffs Application; And, the Court having found found that that good good cause cause exists exists therefor, therefor, and Plaintiffs and Plaintiffs having shown that that immediate harm harm will result will result to Plaintiffs to Plaintiffs the absence in the absence of the of the requested relief, IT IS IS HEREBY ORDERED THAT: THAT: DEFENDANTS WIKILEAKS and and WIKILEAKS.ORG and DOES and DOES (collectively the the "Wikileaks Wikileaks Defendants", Defendants, and all and of their all respective of their respective officers, officers, directors, stockholders, owners, registrants, web web host host providers, DNS DNS hosts, hosts, service service providers, website site site developers, website website operators, operators, website website server server providers, providers, agents, servants, employees, representatives and and attorneys, and and all those all those in active in active concert or participation with with the the Wikileaks Defendants, and each and of each them, of and them, all and all others who receive notice of of this this order, are, are, pending hearing hearing on this on this Court's Court s below- below- issued Order to to Show Cause, hereby ordered, enjoined and and restrained as follows: as follows: (a RESTRAINED and and ENJOINED from displaying, from displaying, posting, posting, 27 publishing, distributing, linking linking to and/or to and/or otherwise otherwise providing providing any information any information for the access or other dissemination of of copies of of and/or images images of the of JB the Property JB Property (as (as defined herein below and and any any information or data or data contained contained therein, therein, including including on on \PLE\PROP-ORD-TRO CV08-08 JSW [PROP] AMENDED TRO & OSC RE PRELIM. INJUNCTION WR6W] AMENDED TRO & OSC RE PRELIM. INJUNCTION

3 Case case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 3 of the websites operated at wikileaks.org, at wikileaks.org, wikileaks.org.au, wikileaks.org.au, wikileaks.org.uk, wikileaks.org.uk, wikileaks.la, wikileaks.cn, wikileaks.in, wikileaks.in, wikileaks.org.nz wikileaks.org.nz (collectively the the Wikileaks "Wikileaks Websites", Websites, and and any other any other websites websites under their under ownership, their ownership, control control and/or which they can can post post or or edit edit any any content; content; 5 (b RESTRAINED and and ENJOINED from from any any current current and and any any further further use, display, post, publication, distribution, linking linking to and/or to and/or otherwise otherwise providing providing any information for for the the access or or other other dissemination of copies of copies of and/or of and/or images images of of the JB Property and and any any information or data or contained data contained therein, therein, including including on the on the Wikileaks websites and and any any other other websites under under their their ownership, ownership, control control and/or and/or which they can post or or edit edit any any content; 11 (c ORDERED to to immediately block block and otherwise and otherwise prevent prevent any any current and any further use, use, display, posting, posting, publication, publication, distribution, distribution, linking tolinking to and/or other dissemination of of copies copies of and/or of and/or images images of the of JB the Property JB Property and any and any other new or additional yet yet unpublished documents and and data data that that constitute or could or could reasonably be known to to be be or or considered to to constitute JB JB Property, pending pending further further order of this Court; 17 (d ORDERED to to immediately remove remove from their from Wikileaks their Wikileaks Websites, including but but not not limited to to wikileaks.org website, website, and any and other any other websites websites owned or operated by the Wikileaks Defendants or within or within their their control, control, any and any all and all copies of and/or images of of the the JB JB Property and and any any information or data or contained data contained therein; 22 (e ORDERED to to immediately give give notice notice of this of this Order Order to all to of all theof the Wikileaks Defendants' Defendants DNS DNS host host service service providers, providers, ISP's, domain ISP s, registrars, domain registrars, website site developers, website operators, website website host service host service providers, providers, and and administrative and technical domain contacts, and and anyone anyone else else responsible or with or with access to modify the website, and and that that they they are are to to cease cease and and desist from from any any current current and any further use, use, display, posting, posting, publication, distribution, distribution, linking to linking and/or to and/or other dissemination of copies of copies of and/or of and/or images images of the JB of Property the JB and Property any and any \PLE\PROP-ORD-TRO CV08-08 JSW [PROP] AMENDED TRO & OSC RE PRELIM. INJUNCTION CV08-08 JSW "% AMENDED TRO & OSC RE PRELIM. INJUNCTION

4 Case case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 4 of 10 1 information contained therein pending further further order order of this of Court; this Court; 2 (f ORDERED to to submit submit proof proof to the to Court, the under Court, penalty under ofpenalty of 3 4 perjury, that all all JB JB Property has has been removed from from the the Wikileaks Websites and and any any and all links or or information for for access access thereof; thereof; 5 (g ORDERED that that the the Wikileaks Defendants are to are immediately to immediately provide Plaintiffs' Plaintiffs counsel with with the the name, name, address, telephone number, number, and and facsimile facsimile transmission number for all all of of their their DNS DNS hosting services, ISP's, ISP s, domain domain registrars, registrars, website site developers, website operators and and website website host host service service providers, providers, so so Plaintiffs can provide such such persons/entities with with notice notice of this of Order this Order at Plaintiffs' at Plaintiffs election JB "JB Property" Property Defined: JB Property JB Property includes includes any and any all and documents all documents and information originating from from Bank Bank Julius Julius Baer Baer & Co. & Co. Ltd's Ltd s and Julius and Julius Baer Baer Bank Bank and Trust Co. Ltd's Ltd s banks banks and and affiliated affiliated bank bank branches, branches, which are which internal are internal non- non- public company documents and/or which which contains contains private private client client or customer or customer bank bank records and/or identifies client client or customer or customer names, names, data, data, account account records records and/or and/or bank account numbers, whether whether or not or such not documents such documents and information and information are are authentic, semi-altered, semi-fraudulent or forged, forged, and which and appears which to appears have to have originated from or or could reasonably be known be known to be to or be considered or considered to constitute to constitute or or have originated from data data and and documents stolen stolen or misappropriated or from one from or one or more of Plaintiff's Plaintiff s bank bank branches and/or computers. For For example, example, but is but not is limited not limited to, the JB Property posted on on or or made available through the the Wikileaks Websites that that is subject to to this Order and and enjoined from from further further use, display, use, display, post, publication, post, publication, distribution, linking to and/or to and/or other other dissemination, is listed is and listed set forth and on set the forth on the attached Exhibit "A". A. 3. Defendants are hereby ORDERED TO TO SHOW SHOW CAUSE CAUSE and to and appear to appear 27 before this Court in in Courtroom 2 (17th 2 Floor, th located at 450 at 450 Golden Golden Gate Gate Ave., Ave., San San Francisco, California 94102, at at 9 : 9 : 00 a_.m., a.m., or as as soon thereafter as as this matter may may be heard on on February, 29, 2008, then and and there there to show to show cause cause (the "OSC OSC \PLE\PROP-ORD-TRO CV08-08 JSW 4DROPPJ [PROP] AMENDED TRO TRO && OSC RE RE PRELIM. INJUNCTION

5 1 Hearing, Hearing", if any, if any, that that the Wikileaks the Wikileaks Defendants, Defendants, and each and of them, each and of them, their and their 2 respective officers, directors, stockholders, owners, owners, subsidiaries, agents, agents, servants, servants, 3 employees and attorneys and and all all those those in active in active concert concert or participation or participation with thewith the 4 Wikileaks Defendants or or them, and and each each of them, of them, while while pending pending the determination the 5 of this action and further Order of this of this Court, Court, why a why preliminary a preliminary injunction injunction should should 6 not issue continuing the the above Temporary Restraining Order. Order. 7 EFFECTIVE DATE/TIME 8 The above Temporary Restraining Order Order is effective is effective immediately immediately upon upon 9 issuance; and Plaintiffs' Plaintiffs are are ordered to to file file an an undertaking within within five-business days days 10 in the sum of of $ $ 0 Dollars. 11 SERVICE OF OF PROCESS 12 A copy of of this this Order shall shall be served be served upon upon the Defendants the Defendants via via by not by not 13 later than February, 15 15, Any Opposition papers shall be be served and filed by by :00 p.m. p on on February, 20, , and any Reply papers shall shall be filed be filed and served and served via any via of any the same of the listed same listed 17 means by 12 :00 p. in. on.m. on, February, IT IS IS SO SO ORDERED Dated: February, 15, HON. HX.#WEY JEFFREY S. WHITE S. WHITE UNITED STATES DISTRICT JUDGE 27 Case case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 5 of \PLE\PROP-ORD-TRO CV08-08 JSW [PROP] AMENDED TRO & OSC RE PRELIM. INJUNCTION [PAPt AMENDED TRO & OSC RE PRELIM. INJUNCTION

6 1 EXHIBIT "A" A 2 Case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 6 of 10 3 The following is is an an identifying list of list certain of certain of the of JB the Property JB Property which was which was 4 posted on or made available through the the wikileaks.org website website and and which which is subject is subject 5 to the Court's Court s Order Order and and enjoined enjoined from further from further use, display, use, display, post, publication, post, publication, 6 distribution, linking to and/or to and/or other other dissemination: Document title: BJB_-_Roberto_de_Andrade_-_Gaynor_Jaguar_Angel_Yara_Trusts 9 URL Link: -RobertodeAndrade-GaynorJ aguar_angel_yara_trusts 10 bjb-andrade.zip e85348a18b7cd091d3dc7b94ffdea076203a08df0d93822a486416b2e 3e Wikileaks Document title: BJB_-_Luis_Nozaleda_-_Blanca_R_avena_-_Madrid_-_USD_18_mil - - Blanca R avena - -USD 16 URL Link: _Luis_Nozaleda_-_Blanca_R_avena 17 _-_Madrid_-_USD_18_mil bjb-luis-avenvas.zip eac16b8eb17f21e6cfa496dff61aea1d11bd223739e6f093fb9411df4603cb51 eacl6b8ebl7f2le6cfa496dff6laealdl1bd223739e6f093fb9411df4603cb Wikileaks Document title: BJB_-_Juan_Carlos_Cespedes_-_SF_holdings_-_11_mil 23 URL Link: _Juan_Carlos_Cespedes= _SF_hold ings_-_11_mil bjb-peru.zip ffac47f7237cf36a1f8a015ea81648e708062fce5af0c182fde6c3480a71 ffac47f7237cf36a1f8ao15ea81648e708062fce5af0c182fde6c3480a71 27 Wikileaks \PLE\PROP-ORD-TRO EXHIBIT "A" A [PROP] TRO & OSC RE PRELIM. INJ.

7 1 4. Document title: BJB_-_Mr._Lewis_-_George_Charles_Lampitt_-_tax_avoidence_-_Caym 2 BJB-Mr.Lewis-GeorgeCharlesLampitt=taxavoidence-Caym_ an_-_5_mil an---5-mil 3 URL Link: -Mr.Lewis=GeorgeCharlesLa mpitt_-_tax_avoidence_-_cayman_-_5_mil 4 bjb-lewis2.zip 5 6 cccdc8fd8e721470fb3ff89a69bbf85999dff354cabeb87571bfe5d4e3 7 8 Wikileaks Document title: BJB_-_Mr._Lewis_-_George_Charles_Lampitt_-_confusion_of_beneficia ry 10 URL Link: mpitt_-_confusion_of_beneficiary 12 bjb-lewisl.zip bjb-lewis1.zip Wikileaks e41b7eada762d35555b0493e1fe36235cf3f97d063879d233140e212f057 0c Oc Document title: BJB_-_Heinri_Steinberger,_Frankfurt_Steuerbetrug_EUR_15_mil 18 URL Link: wikileaks. org/wiki/bjb -HeinriSteinberger,FrankfurtSt _ euerbetrug_eur_15_mil bjb-heinri-steinberger.zip 20 51dbed21a2072f3e68c6093c2e08a7e506d0136fba82209eb230dabe32bc51 21 e0 eo 22 Wikileaks Document title: BJB_-_Vigier_Fintex_-_tax_evasion_Cayman BJB_-_Vigier_Fintex= _tax_evasion_cayman URL Link: man 27 schwarze-kasse.zip Case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 7 of \PLE\PROP-ORD-TRO EXHIBIT "A" A [PROP] [PROP1 TRO & OSC RE PRELIM. INJ.

8 Case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 8 of a53291e9eeec33af0cc949688bf44b3007e2ee77e4ab13496b3b6fb5 09a53291e9eeec33af0cc949688bf44b3007e2ee77e4ab13496b3b61b Wikileaks Document title: BJB_-_JK_Peng_-_Dragon_Trust_-_Cayman_hidden_money 6 URL Link: -JKPeng-DragonTrust-Cay 7 man_hidden_money man-hidden-money 8 jk-peng.zip Wikileaks f5784e852292cd3cdff4eba2c0a8e afd6dfd700a20f6f4e9b Document title: BJB_-_Swisspartner_Offshore_Tax_Scheme_-_USD_150_mil 14 URL Link: wikileaks. org/wiki/bjb -SwisspartnerOffshoreTaxSche _ me_-_usd_150_mil - mil 15 bjb-swisspartner-tax-scheme.xls 16 c678a68c006f27651c363ae55c133cfcd3127f99bcea12a4212a631787df Wikileaks Document title: BJB_-_Greek_shipowners_Anna_Kanellakis_Alpha_Tankers_-_USD_30_ BJB-GreekshipownersAnnaKanellakisAlphaTankers-USD30 mil_per_year URL Link: -GreekshipownersAnnaKanella _ kis_alpha_tankers_-_usd_30_mil_per_year s_-_u S 23 bjb-alpha-tankers.zip 375ebe8f89c23a32290c6a4680df39f677707d5a449927f15f5a34c c Wikileaks / / / \PLE\PROP-ORD-TRO EXHIBIT "A" A [PROP] TRO & OSC RE PRELIM. INJ.

9 Document title: BJB_-_Steuerbetrug_Juergen_Grossmann_Architekt_-_EUR mil 3 URL Link: _Architekt_-_EUR mil - 4 bjb-juergen-grossmann.zip Juergen-grossmann.zip 5 bee41d dfccbaf5eb8b2182f55ebf d4362b5f dc Wikileaks Document title: BJB_-_Winston_Layne,_New_York_-_USD_10_mil_tax_fraud 10 URL Link: -WinstonLayne,NewYork-U SD_10_mil_tax_fraud SD-10-mil-tax-fraud bjb-winston-layne.zip 13 bac7339b ac0bb d139230e3b089e fc185e Wikileaks Document title: BJB_-_Lord_L._Kadoorie_-_China_Light_and_Power 17 URL Link: -LordL.Kadoorie-ChinaLight 18 _and_power bjb-lord-kadoorie.zip Wikileaks cc8c9575a07ebc d6e74be404c75b666c9dbbdf2c094e45f1c Document title: 27 Case 3:08-cv-008-JSW Document Filed 02/15/2008 Page 9 of 10 URL Link: Julius_Baer_to_Angela_Merkel Baerto AngelaMerkel_ Description: Forged Letter to to Angela Merkel from Bank Julius Baer, dated 12 Sept 2007 Baer, angela-merkel.pdf \PLE\PROP-ORD-TRO EXHIBIT "A" A [PROP] [PRO1 ] TRO & OSC RE PRELIM. INJ.

10 1 2 5f201de05f3d8eb32c0a961402be43b05cea803d58382c0ca814e85dee34 ab 3 4 Wikileaks Case C"se 3:08-cv-008-JSW Document Filed 02/15/2008 Page 10 of \PLE\PROP-ORD-TRO EXHIBIT A "A" [PROP] TRO & OSC RE PRELIM. INJ.