Lovevery, Inc. v. Ademiluyi et al

Filing 15

MEMORANDUM, DECISION, and ORDER - The motion to extend the temporary restraining order (Dkt. 12 ) is GRANTED. The temporary restraining order (Dkt. 10 ) will expire on June 23, 2023 at 12:00 pm. The preliminary injunction hearing is set for May 2 5, 2023 is CONTINUED to June 14, 2023 at 9:00 am mountain time. The hearing will be held by Zoom. The motion to unseal the case (Dkt. 13 ) is GRANTED. The motion to seal case (Dkt. 4 ) is DENIED AS MOOT. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

Case 1:23-cv-00240-BLW Document 15 Filed 05/22/23 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
LOVEVERY, INC.,

Case No. 1:23-cv-240-BLW

Plaintiff,
MEMORANDUM, DECISION,
and ORDER

v.
DESMOND T. ADEMILUYI D/B/A
PLAYGENIUS.COM, ADEYINKA O.
ODELANA, MAYOWA O.
OYEDIRAN, MB AGENCY D/B/A
OMYTEQ, AND JANE DOE 1,
WHOSE TRUE NAME IS
UNKNOWN;
Defendants.

Plaintiff Lovevery has moved to unseal the case, to extend the temporary
restraining order (Dkt. 10) by 30 days, and to reset the preliminary injunction
hearing. The Court will grant all the motions.
The Court may extend a temporary restraining order “for good cause . . . or
[if] the adverse party consents to a longer extension.” Fed. R. Civ. P. 65(b)(2).
Both options are satisfied here. On the one hand, the Court finds good cause exists
because Mr. Ademiluyi has yet to retain counsel, and as a result, expedited
discovery has yet to commence. An extension will allow Mr. Ademiluyi to retain
counsel and comply with the expedited discovery provisions contemplated in the
TRO. On the other hand, although Mr. Ademiluyi has not retained counsel or
TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE – 1

Case 1:23-cv-00240-BLW Document 15 Filed 05/22/23 Page 2 of 3

appeared in the case pro se, he was present at a status conference with Court staff
on May 18, 2023 and clearly indicated that he agreed to extending the TRO for 30
days. Under the circumstances, the Court considers that consent to a longer
extension. Accordingly, the Court will extend the TRO for 30 days beyond its May
24, 2023 expiration date and will reset the preliminary injunction hearing for midJune.
This case was initially filed under seal. Pursuant to local rules, Lovevery
filed a motion to seal and the Clerk’s Office sealed the case pending resolution of
that motion. However, Lovevery has now moved to unseal the case—before the
Court ruled on the motion to seal. The Court will grant the motion to unseal and
deny the motion to seal as moot. In short, there is no argument or reason before the
Court that would justify sealing the case, particularly given the “strong
presumption in favor of access to court records.” Foltz v. State Farm Mut. Auto.
Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003).
IT IS ORDERED:
1. The motion to extend the temporary restraining order (Dkt. 12) is
GRANTED. The temporary restraining order (Dkt. 10) will expire on June
23, 2023 at 12:00 pm.

TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE – 2

Case 1:23-cv-00240-BLW Document 15 Filed 05/22/23 Page 3 of 3

2. The preliminary injunction hearing is set for May 25, 2023 is CONTINUED
to June 14, 2023 at 9:00 am mountain time. The hearing will be held by
Zoom.
3. The motion to unseal the case (Dkt. 13) is GRANTED.
4. The motion to seal case (Dkt. 4) is DENIED AS MOOT.

DATED: May 22, 2023

_________________________
B. Lynn Winmill
U.S. District Court Judge

TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE – 3