Stover, Inc. v. DTREDS, LLC

Filing 10

ORDER granting 5 Motion for TRO; ORDER Setting Hearing on 8 MOTION for Preliminary Injunction (Motion Hearing set for 9/3/2014 02:30 PM in Texarkana -- 3rd flr (AR side) before Honorable Susan O. Hickey.) Further, the temporary restraint is on condition that a bond be filed by Plaintiff in the sum of $10,000.00 dollars. See Order for specifics. Signed by Honorable Susan O. Hickey on August 20, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
STOVER, INC.
VS.

PLAINTIFF
CASE NO. 4:14-CV-4105

DTREDS, LLC

DEFENDANT

TEMPORARY RESTRAINING ORDER
Whereas, it has been made to appear by the verified complaint, certificate of support,
motion for temporary restraining order, and brief in support of motion for temporary restraining
order submitted by the Plaintiff, which was on the 19th day of August presented to the
Honorable Susan Hickey, Judge of the United States District Court for the Western District of
Arkansas, that a restraining order prior to a hearing upon a motion for a preliminary injunction
should issue, without notice. Immediate and irreparable injury, loss, or damage will result to the
Plaintiff before notice can be served and a hearing had and Defendant or Defendant’s attorney
can be heard in opposition, because the money from payment will become unreachable,
Defendant's business will shut down, and Plaintiff will be left with no legal remedy to pursue. It
appeared by certificate of Plaintiff’s attorney in writing that notice should not be required.
Now, therefore on motion of the Plaintiff:
The Motion for Temporary Restraining Order (ECF No. 5) is GRANTED. It is ordered
that the Defendant DTREDS, its agents, successors, deputies, servants and employees, and all
persons acting by, through or under it or by or through its order, are hereby, restrained until
September 3, 2014 at 5:00 p.m. from possessing or transferring to any person or entity other
than Plaintiff the proceeds being tendered to DTREDS from Harris IT after August 12, 2014 for
payment on the Red River Army Depot Project W911RQ12F0112.

This temporary restraint is on condition that a bond be filed by Plaintiff in the sum of
$10,000.00 dollars, conditioned for payment of such costs and damages as may be incurred or
suffered by any party who was found to have been wrongfully restrained or enjoined, to be
approved by this Court.
It is Further Ordered that Plaintiff's motion for preliminary injunction be set for hearing
on September 3, 2014, at 2:30 p.m at the United States Courthouse in Texarkana, Arkansas.
IT IS SO ORDERED, this 20th day of August, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge