WRK Rarities, LLC v. United States of America, et al.

Filing 14

Memorandum of Opinion and Order. The Court approves the withdrawal of Plaintiff's 3 Motion for temporary restraining order and preliminary injunction, and cancels the hearing and briefing schedule previously set. Additionally, the Co urt approves the following requests made by the parties in the Stipulation: 1) Plaintiff will be permitted to amend its Complaint within 15 days of the Courts Order approving the Stipulation; 2) Defendants will respond to the foregoing Amended Compl aint (or Complaint if no Amended Complaint is filed) within 60 days as provided for under Fed. R. Civ. Pro. 12; and 3) thereafter, the Court will set forth a normal pre-trial and trial schedule that includes discovery, dispositive motions, and a trial date. Judge Benita Y. Pearson on 5/1/13. (S,HR)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WRK RARITIES, LLC,
Plaintiff,
v.
UNITED STATES ATTORNEY
GENERAL, et al.,
Defendants.

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CASE NO. 4:13cv791

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 3]

On April 10, 2013, Plaintiff WRK Rarities, LLC, filed a Motion for Temporary
Restraining Order and Preliminary Injunction. ECF No. 3. After a hearing and supplemental
briefing, the Court denied Plaintiff’s motion for a temporary restraining order and set a
preliminary injunction hearing and briefing schedule. ECF No. 8.
On April 25, 2013, the parties filed a Stipulation and Agreed Order, wherein Plaintiff
withdrew its request for a preliminary injunction. ECF No. 11 at 2. The Court hereby approves
the withdrawal of Plaintiff’s motion (ECF No. 3) and cancels the hearing and briefing schedule
previously set (ECF No. 8 at 6).
Additionally, the Court approves the following requests made by the parties in the
Stipulation: 1) Plaintiff will be permitted to amend its Complaint within 15 days of the Court’s
Order approving the Stipulation; 2) Defendants will respond to the foregoing Amended
Complaint (or Complaint if no Amended Complaint is filed) within 60 days as provided for
under Fed. R. Civ. Pro. 12; and 3) thereafter, the Court will set forth a normal pre-trial and trial

(4:13cv791)
schedule that includes discovery, dispositive motions, and a trial date.1

IT IS SO ORDERED.

May 1, 2013
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

1

The parties also agreed that the Internal Revenue Service will cease further collection
efforts against Plaintiff with respect to the tax liabilities of Kimpel’s Jewelry & Gifts, Inc. during
the pendency of this lawsuit. ECF No. 11 at 2.
2