Overstreet v. Apex Linen Service Inc.

Filing 10

ORDER Granting in part Plaintiff's 4 Motion to Shorten Time. Plaintiff's 3 Motion to Try Petition for Temporary Injunction on the Basis of the Record, Affidavits, and Documentary Evidence is Granted in part. Oral Argument set for 1/4/2018 at 02:30 PM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 11/29/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 CORNELE A. OVERSTREET, 6 Plaintiff, 7 8 v. APEX LINEN SERVICE INC., 9 Defendant. Case No. 2:17-cv-02923-APG-CWH ORDER GRANTING IN PART MOTION FOR ORDER SHORTENING TIME AND MOTION TO DECIDE PETITION ON THE BRIEFS (ECF Nos. 3, 4) 10 Plaintiff Cornele Overstreet, Regional Director of the Twenty-Eighth Region of the 11 12 National Labor Relations Board, filed a Petition for a temporary injunction against defendant 13 Apex Linen Services. ECF No. 1. Overstreet then moved for an order that the injunctive relief it 14 requests in the Petition be granted solely on the basis of the papers submitted, without an 15 evidentiary hearing. ECF No. 3. Overstreet separately moved for an order setting an expedited 16 briefing and hearing schedule on its Petition. ECF No. 4. Defendant Apex Linen Service Inc. 17 opposes. Having read and considered the parties’ briefs, IT IS ORDERED that Overstreet’s motion for an order shortening time (ECF No. 4) is 18 19 GRANTED in part. I deny the motion’s request for a shortened briefing schedule. The parties 20 shall file their respective response and reply to the Petition in the normal course. However, I 21 grant the motion’s request for an expedited hearing, as set forth below. IT IS FURTHER ORDERED that Overstreet’s motion to try petition for temporary 22 23 injunction on the basis of the administrative record, affidavits, and documentary evidence (ECF 24 No. 3) is GRANTED in part. I will conduct an oral argument on whether to grant the Petition 25 for injunctive relief on January 4, 2018 at 2:30 p.m. in courtroom 6C in Las Vegas. The 26 //// 27 //// 28 1 parties are limited to 10 minutes per side, and no witnesses will be heard. At that hearing, I will 2 decide whether additional evidence or briefing is needed before I can rule on the Petition. 3 DATED this 29th day of November, 2017. 4 5 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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