Geokinetics USA, Inc. v. Marmon et al

Filing 10

ORDER by Chief Judge Daniel L. Hovland extending temporary restraining order. (LUKH) Distributed on 12/08/2008 (rm).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION Geokinetics USA, Inc., ) ) Plaintiff, ) ORDER EXTENDING TEMPORARY ) RESTRAINING ORDER vs. ) ) Wayne H. Marmon and ) Brenda B. Marmon, ) Case No. 4:08-cv-104 ) Defendants. ) ______________________________________________________________________________ On December 3, 2008, the Court granted the Plaintiff's request for a temporary restraining order against the Defendants. See Docket No. 4. Under Rule 65 of the Federal Rules of Civil Procedure, a temporary restraining order may not exceed ten days unless, within the time fixed, the order is extended for good cause shown. Fed. R. Civ. P. 65(b)(2). Upon a showing of good cause, a temporary restraining order may be extended an additional ten (10) days. Fed. R. Civ. P. 65(b)(2). The parties are currently engaged in settlement negotiations which they expect will resolve the matter. The Court finds that extending the temporary restraining order will afford the parties the opportunity to resolve this dispute and that "good cause" exists to do so. In addition, both parties have agreed that an extension of the temporary restraining order is warranted under the circumstances. As a result, the Court ORDERS that the temporary restraining order against the Defendants shall be extended until Monday, December 29, 2008. The Court CANCELS the show cause hearing scheduled for December 11, 2008. A show cause hearing, if necessary, will be scheduled at a later date. IT IS SO ORDERED. Dated this 8th day of December, 2008. /s/ Daniel L. Hovland Daniel L. Hovland, Chief Judge United States District Court