Jim Venable Company Inc v. Delvalle et al

Filing 14

ORDER re 3 MOTION for Injunctive Relief. The hearing on this motion is continued to October 7, 2011 at 9 a.m.; the parties may conduct discovery on the issue of personal jurisdiction between now and October 7th; David Delvalle may not repesent the interests of Window Depot of Buffalo, LLC. If the Delvalles intend to continue representing themselves, they must immediately provide the Court and opposite counsel with current working telephone numbers and e-mail addresses; plaintiff is directed to give defts notice of the October 7th hearing,and to file proof of notice, by September 30, 2011; and the Clerk is directed to serve this Order via regular and certified mail upon David Delvalle. Signed by Judge D. P. Marshall Jr. on 9/23/11. (kpr) Modified on 9/23/2011 to correct typos (tjj).

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

JIM VENABLE COMPANY, INC.

v.

PLAINTIFF

Case No. 4:11-cv-639-DPM

DAVID DELVALLE, an individual
d/b/a! Window Depot USA of Buffalo;
WINDOW DEPOT OF BUFFALO, LLC,
a New York limited liability company; and
ELIZABETH DELVALLE, an individual

DEFENDANTS

ORDER
The Court set a preliminary-injunction hearing for 22 September 2011
at 1:30 p.m.

None of the Defendants appeared at the hearing.

After

hearing argument from the Plaintiff, and considering all the papers filed of
record, the Court made the following rulings:
(1) the hearing on the merits of Plaintiff's motion for injunctive
relief is continued to 7 October 2011 at 9:00 a.m. to ensure that
the Defendants have notice and personal jurisdiction can be
addressed;
(2) the parties may conduct discovery on the issue of personal
jurisdiction between now and October 7th;
(3) David Delvalle may not represent the interests of Window
Depot of Buffalo, LLC, because the LLC may only appear in
federal court if it is represented by a lawyer, Rowland v.

California Men's Colony, Unit II Men's Advisory Council, 506 U.S.
194, 201-03 (1993);
(4) if the Delvalles intend to continue representing themselves,
then they must immediately provide the Court and counsel
opposite with current working telephone numbers and email
addresses;
(5) the Plaintiff is directed to give Defendants notice of the
October 7th hearing, and to file proof of notice, by 30
September 2011; and
(6) the Clerk is also directed to serve this Order via regular mail
and certified mail with return receipt requested on David
Delvalle individually at 2710 Walden, Suite 100, Cheektowaga,
New York, 14277; Elizabeth Delvalle individually at 2710
Walden, Suite 100, Cheektowaga, New York, 14277; and
Window Depot of Buffalo, LLC, c/o David Delvalle, at 2710
Walden, Suite 100, Cheektowaga, New York, 14277.
The Court notifies Defendants that it will hear argument about, and
evidence on, Plaintiff's motion for a preliminary injunction on October 7th.
And the Court intends to decide that motion at the end of the hearing.
Defendants should appear and defend.
So Ordered.

D.P. Marshall Jr.

United States District Judge

23 Septelnber 2011

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