Stelor Productions, v. Silvers

Filing 8

ORDER SETTING EVIDENTIARY HEARING HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DE2)ORDER Motion hearing before Magistrate Judge James M. Hopkins set for 11:00 5/23/05 for [2-1] motion for restraining order, set for 11:00 5/23/05 for [2-2] motion for preliminary injunction (Signed by Magistrate Judge James M. Hopkins on 5/12/05) [EOD Date: 5/13/05] (Former Deputy Clerk)

Case 9:05-cv-80393-DTKH

Document 8

Entered on FLSD Docket 05/13/2005

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A Case No .05-80393-Civ-Hurley/Hopkin s STELOR PRODUCTIONS, LL C
D1 . .. .;rr

vs .

STEVEN A . SILVERS, Defendant . r-. ORDER SETTING EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DE 2 ) THIS CAUSE, having come before this Court upon an Order Referring Plaintiff's Motion for Preliminary Injunction to Magistrate Judge for a Report and Recommendation, (DE 7), and being otherwise advised on the premises, it is hereby ORDERED AND ADJUDGED that : 1) Plaintiff and Defendants shall appear before this Court on Monday, May 23, 2005 at 11 :00 a.m ., at the United States Courthouse, at the United States Courthouse, 300 South Sixth Street, Ft. Pierce, Florida, 34950 . 2) The Court has reserved one (1 ) hour for this evidentiary hearing . Should additional time be required, the party requiring additional time is hereby ORDERED to immediately notify the Court, by written motion, of how much additional time will be required . 3) Any motions for continuance of the hearing must be in writing and properly filed with the court prior to the date of the hearing . Should a motion for continuance be granted, the moving party shall notify all other parties after the Court has reset the date and time of the hearing .

Case 9:05-cv-80393-DTKH

Document 8

Entered on FLSD Docket 05/13/2005

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4) The Plaintiff's counsel shall, upon receipt of this order, serve a copy of this order upon all Defendants in this action via facsimile, or overnight delivery where delivery by facsimile may not be effectuated . 5) Due to the expedited nature of this matter, this Court will consider accepting into evidence all declarations and transc ri pts which have been filed in this action by Plaintiff . See Heideman v . South Salt Lake City, 348 F .3d 1182, 1188 (10 " Cir . 2003) (noting that the Federal Rules of Evidence do not apply to prelimina ry injunction hea ri ngs , citing SEC v. Cherif, 933 F .2d 403, 412 , n .8 (7 " Cir . 1991) ; Asseo v. Pan Am. Grain Co., 805 F .2d 23 , 25-26 ( 151 Cir . 1986) ; United States v. O'Brien , 836 F . Supp . 438, 441 ( S .D . Ohio 1993).

DONE and ORDERED in Chambers this ',-, ,'-day of May, 2005, at West Palm Beach in th e Southern District of Florida .

JAMES M. HOPK1 S UNITED STATES MAGISTRATE JUDG E Copies to : Kevin C. Kaplan, Esq . (Counsel for Plaintiff) Stephen A . Silvers

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