Brown et al v. Rios et al

Filing 11

NOTICE AND ORDER denying as moot 3 Plaintiff's Motion for Preliminary Injunction; granting 10 Plaintiff's Motion for Leave to File Amended Motion for Preliminary Injunction. IT IS FURTHER ORDERED that the Preli minary Injunction Hearing currently scheduled for Monday, December 2, 2024, at 2:00 p.m. is RESCHEDULED to Tuesday, December 10, 2024, at 2:00 p.m.. Signed by District Judge Frank D. Whitney on 11/26/24. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-01019-FDW-DCK
MICHAEL BROWN,

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Plaintiff,
v.
LOCALREMIX LLC,
ROBERTO DAVID RIOS,
WEBMATRIX360 LLC, AND
RODOLFO D. RIOS,
Defendants.

NOTICE AND ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Leave to Amend Preliminary
Injunction, (Doc. No. 10). For the same reasons set forth in Plaintiff’s Motion for Leave to Amend
Complaint, (Doc. No. 6), and the Magistrate Judge’s Order granting that Motion, (Doc. No. 8), the
Court concludes Plaintiff’s amendment to his preliminary injunction motion is supported by good
cause. Therefore, the Motion, (Doc. No. 10), is GRANTED. Document Number 9 of the
Electronic Case File is the operative Preliminary Injunction Motion, and Plaintiff’s First Motion
for Preliminary Injunction, (Doc. No. 3), is DENIED as MOOT.
Plaintiff has now amended his Preliminary Injunction Motion six calendar days before the
date on which the Court scheduled a hearing on the Motion. (See Doc. No. 4.) That time
encompasses a national holiday. Further, while the Court ordered Plaintiff to serve Defendants
with a copy of its prior Order immediately, (Id., p. 3), it is unclear from the record whether Plaintiff
has done so. Plaintiff has now amended the Complaint and Motion to exclude HaiOps LLC and
Fincosa LLC. This Court may only enter a preliminary injunction “after giving notice sufficient to
enable the opposing party to prepare an opposition.” Ciena Corp. v. Jarrard, 203 F.3d 312, 319–
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20 (4th Cir. 2000); Fed.R.Civ.P. 65(a). The Court concludes Defendants would be prejudiced if
the Court were to hold a hearing before they have sufficient time to consider securing counsel and
to prepare arguments in light of the removal of the LLCs as parties.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Leave to Amend, (Doc. No.
10), is GRANTED and Plaintiff’s First Motion for Preliminary Injunction, (Doc. No. 3), is
DENIED as MOOT.
IT IS FURTHER ORDERED that the Preliminary Injunction Hearing currently
scheduled for Monday, December 2, 2024, at 2:00 p.m. is RESCHEDULED to Tuesday,
December 10, 2024, at 2:00 p.m. in Courtroom #5B of the Charles R. Jonas Federal Building, 401
W. Trade Street, Charlotte, North Carolina. At the hearing, each side shall have thirty (30) minutes
for a brief presentation of critical evidence and argument. As Defendants have not yet entered an
appearance, Plaintiff is DIRECTED to serve Defendants with a copy of his Amended Motion for
Preliminary Injunction, (Doc. No. 9), and a copy of this Order, immediately.
TAKE NOTICE that this Court’s Local Rules and Standing Order prohibit the use of
electronic devices in the Courtroom and prohibit recording in the Courtroom. See Local Civ. R.
83.3(a)(1), (b); In re: Electronic Devices in Courthouses, No. 3:05-mc-344, Doc. No. 4, June 1,
2021. Pro se parties may only use a personal device during Court proceedings if necessary and
with prior leave of Court. Local Civ. R. 83.3(b)(1). At all times, “The taking of still or moving
photographs and/or the audio recording of any Court proceedings in the courtroom or in the
corridors immediately adjacent thereto, during the progress of judicial proceedings or during any
recess, is prohibited.” In re: Electronic Devices in Courthouses, No. 3:05-mc-344, Doc. No. 4.
Improper use of electronic devices may be treated as contempt of Court, and parties may be ordered

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to lock up electronic devices in the lock boxes available at the Courthouse security desk upon
arrival.
IT IS SO ORDERED.
Signed: November 26, 2024

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