Yellow Cab Company of Orlando, Inc. v. Celebration Transportation, Inc.

Filing 48

ENDORSED ORDER denying 43 motion to stay. Signed by Judge Elizabeth A. Kovachevich on 2/4/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

YELLOW CAB COMPANY OF
ORLANDO, INC.,
Plaintiff,

vs.

CASE NO. 8:12-CIV-1910-T-EAK-MAP

CELEBRATION TRANSPORTATION,
INC., etc.,
Defendant.
/

ORDER ON MOTION TO STAY

This cause is before the Court on the Plaintiff’s motion for stay pending review (Doc.
43) and response thereto (Doc. 47). The Plaintiff requests a stay of the order at Document 31,
or at least the parts of the order awarding a money judgment and the portion requiring transfer
and/or termination of the telephone number [phone]. The Court finds that the plaintiff
fails to establish that it is entitled to a stay of those portion of the injunction issued by this
Court. In particular, the Plaintiff fails to establish a likelihood of success on the merits of the
appeal. The Court finds the response on this issue to be cogent and well-taken. The Court
need not address the subsequent factors for granting the stay since the failure to establish
likelihood of success on the merits dooms the request. But the Court finds that the Plaintiff
failed to establish those factors also. Accordingly, it is

ORDERED that motion for stay pending review (Doc. 43) be denied.
DONE and ORDERED in Chambers, in Tampa, Florida, this 4th day of February,
2014.

Copies to: All parties and counsel of record