Morgan Stanley v. Abel

Filing 24

ORDER continuing 10 Court's Temporary Restraining Order. See Order for details.Signed by Judge Marcia Morales Howard on 2/20/2018, nunc pro tunc to 4 p.m. (MMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

MORGAN STANLEY SMITH BARNEY,
LLC,
Plaintiff,
vs.

Case No. 3:18-cv-00141-J-34MCR

DANIEL J. ABEL,
Defendant.
_____________________________________/
ORDER
THIS CAUSE is before the Court on the parties’ Joint Notice Regarding Stipulation
of Continuance of Temporary Restraining Order (Joint Notice, Doc. 23), filed February
16, 2018. In the Joint Notice, the parties, Plaintiff Morgan Stanley (Morgan Stanley), and
Defendant Daniel J. Abel (Abel), informed the court of their stipulation to a continuance
of the Temporary Restraining Order which was entered by this Court on January 23, 2018
(Temporary Restraining Order, Doc. 10), extended by the Court on February 5, 2018
(TRO Extension, Doc. 19), and is set to expire at 5 p.m., Tuesday, February 20, 2018.
Morgan Stanley initially sought a temporary restraining order from this Court
precluding Abel, and anyone acting in concert with him, from soliciting Morgan Stanley’s
customers, in violation of the employee agreement between the parties. The Court
granted Morgan Staley’s request on January 23, 2018, and entered a TRO, which was to
remain in effect until 5 p.m., Tuesday, February 6, 2018. On February 1, 2018, Morgan
Stanley filed an Emergency Motion (Emergency Motion, Doc. 14) with the Court seeking

a stay of the proceedings and an extension of the TRO pending the parties’ completion
of pending arbitration. See generally Emergency Motion. The Court granted Morgan
Stanley’s Emergency Motion, and extended the TRO until 5 p.m., Tuesday, February 20,
2018, and also stayed the proceedings and administratively closed the case. See TRO
Extension at 9-10. The parties now jointly seek a continuance of the TRO until the earliest
of either the completion of arbitration between the parties which will determine the
extension, dissolution or modification of the TRO; an agreement between the parties; or,
January 12, 2019. See Joint Notice at 1-2.
Rule 65(b)(2) of the Federal Rules of Civil Procedure (Rule(s)), guides that a
temporary restraining order shall not “exceed 14 days . . . unless before that time the
court, for good cause, extends it for a like period or the adverse party consents to a longer
extension.” Rule 65(b)(2). In response to Morgan Stanley’s Emergency Motion, and as
detailed in its February 5, 2018, TRO Extension, the Court extended the original TRO for
and additional fourteen days, to expire on Tuesday, February 20, 2018. See TRO
Extension. The parties now jointly appear before the Court and seek a further extension
of the TRO. In accordance with Rule 65(b)92), Abel, as the party adverse to Morgan
Staley’s initial request for the TRO, has consented to a longer extension of the period of
restraint. Accordingly, this Court determines that the TRO should be continued and the
case remain stayed.
In consideration of the foregoing, it is ORDERED:

2 

1. The Court’s Temporary Restraining Order (Doc. 10), which was issued on January
23, 2018, and due to expire at 5 p.m., February 20, 2018, is continued until the
earliest of:
a. The date set forth in an order from the FIRNA arbitration panel for the
extension, dissolution, or modification of the Temporary Restraining Order;
b. The agreement of the Parties memorialized in writing; or
c. 5 p.m. on January 12, 2019.
2. The case shall remain stayed and administratively closed.

DONE AND ORDERED at Jacksonville, Florida on February 20, 2018, nunc pro
tunc to 4 p.m.

lc26
Copies to:
Counsel of Record
Pro Se Parties

3