Cote et al v. Nicholson

Filing 5

ORDER: Plaintiffs' Motion for Temporary Restraining Order 2 is DENIED. Plaintiffs' Motion for Preliminary Injunction and Hearing 3 is REFERRED to Magistrate Judge McCoun, who shall submit proposed findings of fact and recommendation as to the appropriate disposition of the motion. Signed by Judge James S. Moody Jr. on 8/29/2007. (len)

Cote et al v. Nicholson

Doc. 5

Case 8:07-cv-01524-JSM-TBM

Document 5

Filed 08/29/2007

Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CLAUDIA G. COTE, M.D.; DIANE T. GOWSKI, M.D.; and SALLY B. ZACHARIAH, M.D., Plaintiffs, v. R. JAMES NICHOLSON, Secretary, Department of Veterans Affairs, Defendant. _____________________________________/ Case No. 8:07-cv-1524-T-30TBM

ORDER
THIS CAUSE comes before the Court upon the Plaintiffs' Motion for Temporary Restraining Order (Dkt. 2), and Motion for Preliminary Injunction and Hearing (Dkt. 3). Plaintiffs seek to enjoin the Bay Pines VA Health Care System from suspending or terminating the employment of Dr. Diane T. Gowski or Dr. Sally B. Zachariah without further order of this Court. Plaintiffs' counsel has indicated that he has served a copy of the complaint, the motion for temporary restraining order and memorandum in support thereof, exhibits, a proposed order, and a motion for preliminary injunction on Defendant's counsel via email. However, Defendant has not had the opportunity to respond to Plaintiffs' Motions or be heard in the case. The Court, having reviewed Plaintiffs' Motions, determines that Plaintiffs are not threatened with irreparable injury so imminent that notice and a hearing on the application

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Case 8:07-cv-01524-JSM-TBM

Document 5

Filed 08/29/2007

Page 2 of 2

for preliminary injunction is impractical, if not impossible, pursuant to Rule 65(b), Fed.R.Civ.P., and Local Rule 4.05(b)(2) of the M.D.Fla. It is therefore ORDERED AND ADJUDGED that: 1. 2. Plaintiffs' Motion for Temporary Restraining Order (Dkt. 2) is DENIED. Pursuant to 28 U.S.C. Section 636(b)(1)(B), Plaintiffs' Motion for Preliminary Injunction and Hearing (Dkt. 3) is hereby REFERRED to the Honorable Thomas B. McCoun, III, who shall submit proposed findings of fact and recommendation as to the appropriate disposition of the motion. DONE and ORDERED in Tampa, Florida on August 29, 2007.

Copies furnished to: Counsel/Parties of Record
S:\Even\2007\07-cv-1524.tro.wpd

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