GENERAL PARTS DISTRIBUTION LLC v. GIEZA

Justia Dockets & Filings Third Circuit Pennsylvania Western District GENERAL PARTS DISTRIBUTION LLC v. GIEZA

GENERAL PARTS DISTRIBUTION LLC v. GIEZA

Plaintiff:	GENERAL PARTS DISTRIBUTION LLC
Defendant:	CLAYTON RICHARD GIEZA
Case Number:	1:2014cv00230
Filed:	August 28, 2014
Court:	US District Court for the Western District of Pennsylvania
Office:	Erie Office
County:	Erie
Presiding Judge:	J. Frederick Motz
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2014	Filing 8 ORDER indicating that, for reasons stated more fully in said Order, Plaintiff's Motion for Temporary Restraining Order and Motion for Preliminary Injunction 2 is denied, without prejudice. In so holding, the Court further finds that Plaintiff has correspondingly moved for expedited discovery to be completed within 30 days, admitting that "[i]n order to fully and adequately prepare for the preliminary injunction hearing in this case, General Parts must conduct certain discovery, by w ay of written interrogatories, requests for production of documents and oral depositions of key witnesses, before the date of such hearing." (Docket No. 5 at 2). Therefore, the request for the TRO and the scheduling of a hearing on the preli minary injunction request are premature. See FED. R. CIV. P. 65(b)(3) ("If the [TRO] order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order."); that the Motion for Expedited Discovery will be addressed by the presiding Judge. Signed by Judge Nora Barry Fischer on 8/29/14. (jg)

Date Filed

Document Text

August 29, 2014

Filing 8 ORDER indicating that, for reasons stated more fully in said Order, Plaintiff's Motion for Temporary Restraining Order and Motion for Preliminary Injunction 2 is denied, without prejudice. In so holding, the Court further finds that Plaintiff has correspondingly moved for expedited discovery to be completed within 30 days, admitting that "[i]n order to fully and adequately prepare for the preliminary injunction hearing in this case, General Parts must conduct certain discovery, by w ay of written interrogatories, requests for production of documents and oral depositions of key witnesses, before the date of such hearing." (Docket No. 5 at 2). Therefore, the request for the TRO and the scheduling of a hearing on the preli minary injunction request are premature. See FED. R. CIV. P. 65(b)(3) ("If the [TRO] order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order."); that the Motion for Expedited Discovery will be addressed by the presiding Judge. Signed by Judge Nora Barry Fischer on 8/29/14. (jg)

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Plaintiff: GENERAL PARTS DISTRIBUTION LLC
Represented By:	Jill M. Weimer
Represented By:	Theodore A. Schroeder
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Defendant: CLAYTON RICHARD GIEZA
Represented By:	Mark A. Eck
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