Mountain Ski Trip, LLC v. Botsford et al

Filing 32

ORDER. The Parties' Stipulation to Extend Temporary Restraining Order During Pendency of Litigation 31 is granted. The Temporary Restraining Order 22 is extended pursuant to Fed. R. Civ. P. 65(b)(2). The Temporary Restraining Order shall ex pire, if not modified or vacated before then, when this case is dismissed or final judgment is entered. The portion of plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction 2 seeking a preliminary injunction is denied as moot. By Judge Philip A. Brimmer on 2/9/18. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 17-cv-02943-PAB
MOUNTAIN SKI TRIPS, LLC, a Colorado Limited Liability Company,
Plaintiff,
v.
TYLER J. BOTSFORD,
VR MARKETERS, and
GREEN MONKEY MARKETING LLC,
Defendants.
_____________________________________________________________________
ORDER EXTENDING TEMPORARY RESTRAINING ORDER
_____________________________________________________________________
This matter comes before the Court on the Parties’ Stipulation to Extend
Temporary Restraining Order During Pendency of Litigation [Docket No. 31].
On December 7, 2017, plaintiff Mountain Ski Trips, LLC filed a Motion for
Temporary Restraining Order and Preliminary Injunction [Docket No. 2] seeking to
enjoin defendant Tyler J. Botsford. Docket No. 2 at 1. The Court held a hearing on the
motion on December 12, 2017. Docket No. 21. On December 13, 2017, the Court
issued a temporary restraining order against Mr. Botsford. Docket No. 22. Pursuant to
a previous stipulation, the Court extended the temporary restraining order through
February 9, 2018. Docket No. 28 at 3.
The parties’ present stipulation states that the parties stipulate to ex tend the
temporary restraining order “until this case is resolved on the merits.” Docket No. 31 at
2, ¶ 6. The motion further states that the “Stipulation of the Parties serves the interests

of all Parties, as well as the Court’s interest in Judicial Economy,” id., ¶ 5, and that an
extension of the temporary restraining order will not unduly delay the matter or
prejudice either party. Id., ¶ 6. Based on the foregoing, the Court finds good cause to
extend the temporary restraining order [Docket No. 22] until the resolution of this
litigation.
Therefore, it is
ORDERED that the Parties’ Stipulation to Extend Temporary Restraining Order
During Pendency of Litigation [Docket No. 31 is GRANTED. It is further
ORDERED that, for good cause shown and with defendants’ consent, the
Temporary Restraining Order [Docket No. 22] is extended pursuant to Fed. R. Civ. P.
65(b)(2). It is further
ORDERED that the Temporary Restraining Order [Docket No. 22] shall expire, if
not modified or vacated before then, when this case is dismissed or final judgment is
entered. It is further
ORDERED that the portion of plaintiff’s Motion for Temporary Restraining Order
and Preliminary Injunction [Docket No. 2] seeking a preliminary injunction is DENIED as
moot.

DATED February 9, 2018.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2