Summary
lifting TRO initially granted in similar case because of need to take into account whether the Protocol applies
Summary of this case from UBS Fin. Servs. Inc. v. FioreOpinion
08-CV-6303L.
July 11, 2008
ORDER
This Court signed a Temporary Restraining Order ("TRO") against defendant, Dale H. Englehardt ("Englehardt"), based on the ex parte submissions of plaintiff. The next day, July 10, 2008, defendant filed a motion (Dkt. #5) to dissolve the TRO. That motion is granted.
After reviewing all of the submissions, I share defendant's concern that some relevant and pertinent information was not submitted to the Court as part of plaintiff's application. The information relates to the document referenced by defendant, the Protocol for Broker Recruiting. I think it best that we have a full discussion on the record, if necessary, on July 23, 2008 at 3:30 p.m., to fully explore the matter before an injunction should issue.
CONCLUSION
Defendant's motion (Dkt. #5) to dissolve the Temporary Restraining Order is granted and the Temporary Restraining Order issued by this Court on July 9, 2008, is vacated.IT IS SO ORDERED.