Patch Rubber Company v. Toelke

Filing 16

ORDER granting 9 Motion to Extend Temporary Restraining Order; granting 11 Motion to Set Hearing and/or Briefing Schedule on Plaintiff's Motion for Preliminary Injunction and Incorporated Memorandum and granting 12 Consent MOTION to Intervene (Emergency). Signed by District Judge Terrence W. Boyle on 5/30/2013. Counsel should read the order in its entirety for critical deadlines. (Downing, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No.5: 13-CV-379-BO

PATCH RUBBER COMPANY,
Plaintiff,
V.

KIRK TOELKE,
Defendant.

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ORDER

This cause comes before the Court on the parties' joint motion to extend the temporary
restraining order entered on May 20, 2013, in Nash County Superior Court. For good cause
shown and with the consent of the adverse party, the joint motion [DE 9] is GRANTED. Fed. R.
Civ. P. 65(b)(2). The temporary restraining order shall remain in full force and effect until June 6,
2013, at 2:00p.m.
Plaintiffs motion to set a hearing on its motion for preliminary injunction [DE 11] is also
GRANTED. A hearing on the motion shall be held before the undersigned on June 6, 2013, at
2:00p.m. at Raleigh, North Carolina.
Finally, non-party REMA TIP TOP/ North America, Inc.'s (REMA) consent emergency
motion for leave to intervene [DE 12] is also GRANTED. REMA has demonstrated that it has an
interest in the subject matter of the action, that disposition of the action may practically impair or
impede REMA's ability to protect its interest, and that REMA's interest is not adequately
represented by the existing parties. Fed. R. Civ. P. 24(a)(2). REMA is permitted, therefore, with
consent of plaintiff and defendant, to intervene in this matter for the limited purpose of protecting

against unwarranted and overbroad discovery by plaintiff of its confidential and proprietary
information.

SO ORDERED, this~ day of May, 2013.

TERRENCE W. BOYLE
UNITED STATES DISTRICT J

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