Osborne Associates, Inc. v. Cangemi et al

Filing 16

ORDERED: This matter is set for a hearing on 3 Plaintiff's Motion for a Preliminary Injunction with Incorporated Memorandum of Law on Thursday, November 2, 2017, at 10:30 a.m. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 10/17/2017. (MMG)

UNITED STATES DISTRICT COURT
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
OSBORNE ASSOCIATES, INC.,
d/b/a Generations Salon Services,
Plaintiff,
v.
SHERYL CANGEMI, et al.,

Case No. 3:17-cv-1135-J-34MCR

Defendants.
____________________________________/

ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for a Preliminary Injunction
with Incorporated Memorandum of Law (Doc. 3; Motion), filed on October 11, 2017.
Plaintiff Osborne Associates, Inc, d/b/a Generations Salon Services (Osborne) initiated
this action against Defendants Julie Calianno, Sheryl Cangemi, and Silver Salons & Spas
LLC (Silver Salons), on October 10, 2017. See Plaintiff’s Verified Complaint and Demand
for Jury Trial and Injunctive Relief Sought (Doc. 1; Complaint), filed on October 10, 2017.
On October 12, 2017, the Court sua sponte noted inconsistencies in Osborne’s
request for injunctive relief, in that the Plaintiff included within its motion for preliminary
injunctive relief a request for a temporary restraining order, but without citing to, or
following the procedures required for temporary relief. See Order (Doc. 7, Order), filed
on October 12, 2017. The Court therefore construed Osborne’s motion as one solely
seeking entry of a preliminary injunction, and not for a restraining order. The Court also
noted that Osborne had not yet effected service of process on Defendants in accordance
with Rule 4, Federal Rules of Civil Procedure (Rules(s)). Id. at 3.
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Plaintiffs have now effected service of the Complaint and the Motion on
Defendants Calianno, Cangemi, and Silver Salons & Spas, LLC. See Proof of Service
(Doc. 12, Doc. 13, Doc. 14), filed October 16, 2017. Therefore, Osborne has now
complied with the procedural requirements of Rule 65, Federal Rules of Civil Procedure
(Rule(s)), and Rule 4.06, Local Rules, United States District Court, Middle District of
Florida (Local Rule(s)), which govern the procedure for seeking a preliminary injunction.
Upon further review of the Motion and the record, the undersigned finds that an expedited
briefing schedule and hearing are appropriate.

In light of the foregoing, it is ORDERED:

1.

Plaintiff’s

Motion

for

a

Preliminary

Injunction

with

Incorporated

Memorandum of Law (Doc. 3) is TAKEN UNDER ADVISEMENT.

2.

Plaintiff Osborne shall promptly serve a copy of this Order on Defendants
Calianno, Cangemi, and Silver Salons & Spas., and file a notice advising
the Court when it has done so.

3.

This matter is set for a HEARING on Plaintiff’s Motion for a Preliminary
Injunction with Supporting Memorandum of Law (Doc. 3) on Thursday,
November 2, 2017, at 10:30 a.m., before the undersigned at the Bryan

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Simpson United States Courthouse, 300 North Hogan Street, Jacksonville,
Florida, 32202, in Courtroom 10B. Counsel for Plaintiff and Defendants
shall appear in person and telephonic appearances will not be permitted. 1

4.

The hearing will be conducted in accordance with Local Rule 4.06, and Rule
65. The case does not appear to involve the exceptional situation wherein
the Court will allow the parties to submit evidence at the hearing. See Local
Rule 4.06(b). Thus, the hearing will be limited to the written submissions
and arguments of counsel.

5.

The following expedited briefing schedule shall govern this case:

a. Defendants shall have up to and including Wednesday, October 25
2017, to file a memorandum in opposition to Plaintiff’s Motion for a
Preliminary Injunction with Supporting Memorandum of Law (Doc. 3),
including any affidavits or declarations on which they rely.

All persons entering the Courthouse must present photo identification to Court Security Officers.
Although cell phones, laptop computers, and similar electronic devices generally are not permitted in the
building, attorneys may bring those items with them upon presentation to Court Security Officers of a Florida
Bar card (presentation of the Duval County Courthouse lawyer identification card will suffice) or Order of
special admission pro hac vice. However, all cell phones must be turned off while in the courtroom.
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b. Plaintiff shall have up to and including 5 p.m. on Tuesday, October 31,
2017, to file a reply, if necessary, in support of its motion for preliminary
injunction, which shall not exceed TEN (10) PAGES in length.

DONE AND ORDERED in Jacksonville, Florida on October 17, 2017.

lc26
Copies to:
Counsel of Record

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