Wachovia Bank, N.A. v. Zomax, Incorporated et al

Filing 7

ORDER extending duration of TRO issued in [doc. 5 ], Order on Motion for TRO, until 2/23/2009 at 5:00 p.m. Signed by Algenon L. Marbley on 2/11/2009. (cw, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION WACHOVIA BANK, N.A., Plaintiff, v. ZOMAX, INCORPORATED, et al. Defendants. : : : : : : : : : ORDER A telephonic status conference was held in this matter on February 11, 2009. At that conference the parties jointly requested a ten day extension of the Court's February 2, 2009 Temporary Restraining Order (doc. no. 5). Participating in that conference were Plaintiff's counsel; counsel for Defendant Capital City Consulting, Inc.; counsel for Defendant Comvest Group Holdings LLC; and counsel for Defendants Willow Lake Property, LLC, Jes Willow Lake LLC, Willow Lake Tenn, LLC, MSP Willow Lake, LLC, and Res Willow Lake LLC. As the parties agree to the extension and the Court finds that the extension is necessary to accommodate Comvest Group Holdings LLC's newly retained counsel, the Court hereby GRANTS the parties request and extends the Temporary Restraining Order ("TRO") for 10 days. The TRO issued in this matter will remain in effect until February 23, 2009, at 5:00 p.m. under the same terms and conditions set forth in the Court's February 2, 2009 Order. The Court further orders that: 1. No later than February 23, 2009, at 5:00 p.m., the Parties are jointly to submit a proposed agreed Order of Preliminary and Permanent Injunction. If Comvest Group Holdings LLC does not agree to a preliminary and permanent injunction it

Civil Action No. 2:09-CV-0076 Judge Marbley Magistrate Judge Kemp

should notify the Court within one week of the date of this Order and the Court will schedule a status conference. 2. Defendants' answers to Plaintiffs Amended Complaint are due within 20 days of the date of the Amended Complaint. 3. The parties are jointly to submit an agreed scheduling order, setting a proposed briefing schedule and discovery schedule within one week of the answer date. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY United States District Court Judge DATE: February 11, 2009

-2-