GATLIN v. UNITED STATES ANTI-DOPING AGENCY INC

Filing 7

ORDER - Pltf shall certifiy to the Court the status of service in this case and submit any proof thereof. Failure to do so or provide ongoing updates as to the status of service may preclude the Court from taking any action on the Motion or the Complaint. Signed by SENIOR JUDGE LACEY A COLLIER on 6/18/2008. (laj)

GAT L IN v. UNITED STATES ANTI-DOPING AGENCY INC

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE N O R T H E R N DISTRICT OF FLORIDA P E N S A C O L A DIVISION

J U ST IN GATLIN, P l a i n ti f f , v. U N I TE D STATES ANTI-DOPING A G E N C E Y , INC.; UNITED STATES TR AC K AND FIELD ASSOCIATION; UNITED STATES OLYMPIC COMM I T T E E , I N C. ; INTERNATIONAL ASSOCIATION O F ATHLETICS FEDERATIONS, Defendan ts. _______________________________________/ ORDER T H IS CAUSE comes before the Court on Plaintiff's Motion for Temporary Re strain ing Order and/or Preliminary Injunction (doc. 4). Rule 65 of the Federal Rules of Civil Procedure provides that "[t]he court may issue a preliminary injunction only on notice to the adverse party." Fed.R.Civ.P. 65(a)(1). While a temporary restraining order may issue without notice to adverse parties, but only where "the m ov an t's attorney certifies in writing any efforts made to give notice and the reasons why it Case No. 3:08-cv-241/LAC/EMT

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shou ld not be required." Other than the simple issuance of summons, nothing currently before the Court suggests that Plaintiff has made any attempt to serve Defendants in this case s o that they may properly respond to the motion. Ac cord ingly, the Court ORDERS: 1. P l a i n ti f f shall certify to the Court the status of service in this case and submit a n y proof thereof. Failure to do so or to provide ongoing updates as to the s t a tu s of service may preclude the Court from taking any action on the motion or the complaint. O R D E R E D on this 18th of June, 2008.

s/L.A. Collier Lacey A. Collier S e n i o r United States District Judge

Case No. 3:08-cv-241/LAC/ EM T

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