Barrett v. Reynolds et al

Filing 34

ORDER that the 31 Motion for TRO is denied, without prejudice; and the Defendants shall file their opposition to the Plaintiff's 22 Motion for Preliminary Injunction on or before November 13, 2012. Ordered by Chief Judge Laurie Smith Camp. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
M. SCOTT BARRETT,

CASE NO. 8:12CV328

Plaintiff,
vs.

ORDER

THOMAS D. REYNOLDS, and EARLY
AMERICAN COIN GALLERY, LLC,
Defendants.

This matter is before the Court on the Plaintiff’s Motion for Temporary
Restraining Order and Preliminary Injunction (“TRO Motion”). (Filing No. 31.) Prior to
filing his TRO Motion, Plaintiff filed a Motion for Preliminary Injunction. (Filing No. 22.)
It appears that the Plaintiff has merely relabeled the Motion for Preliminary Injunction as
a motion for a temporary restraining order to obtain an immediate hearing and to
circumvent the response time to which the Defendant would be entitled on a motion for
preliminary injunction. It is also noted that the Plaintiff filed his original Complaint,
alleging a breach of contract and related causes of action, more than one month prior to
filing his Motion for Preliminary Injunction. Although the Plaintiff may have discovered
evidence of the Defendants’ “sham transactions” since filing the original Complaint,
Plaintiff represents that his recently discovered evidence relates to transactions that
occurred prior to the time the Plaintiff filed his original Complaint. (See Filing No. 32 at
CM/ECF p. 3.)
After reviewing the Plaintiff’s Motions and Complaint, the Court concludes that a
temporary restraining order is not needed to preserve the status quo pending resolution
of the Plaintiff’s Motion for Preliminary Injunction. Therefore, the Plaintiff’s TRO Motion

will be denied, without prejudice, and the Plaintiff’s concerns will be addressed when the
Court hears the Plaintiff’s Motion for Preliminary Injunction, after the Defendants have
had an opportunity to respond to that Motion, in accordance with the Federal Rules of
Civil Procedure1 and this Court’s Local Rules.2 Accordingly,
IT IS ORDERED:
1.

The Plaintiff’s Motion for Temporary Restraining Order and Preliminary
Injunction (Filing No. 31) is denied, without prejudice; and

2.

The Defendants shall file their opposition to the Plaintiff’s Motion for
Preliminary Injunction (Filing No. 22) on or before November 13, 2012.

Dated this 30th day of October, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

1

See Fed. R. Civ. P. 6(c), (d).

2

See NECivR 6.1(b), 7.0.1(b)(1)(B).
2