Opinion
Civil No. 04-CV-01000.
December 2, 2004
James E. Magleby (7247), Joel T. Zenger (8926), Miller Magleby Guymon, P.C., Salt Lake City, Utah, David Bolton, admitted pro hac vice Garden City, New York, Attorneys for Defendant The Breckenridge Fund, LLC.
DURHAM JONES PINEGAR, Steve K. Gordon, Attorneys for Plaintiff.
ORDER DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
Plaintiff Fonix Corporation's ("Fonix") Motion to Confirm and Clarify Temporary Restraining Order and for a Temporary Restraining Order and Preliminary Injunction, dated November 17, 2004, came on for hearing before the Honorable Dee Benson on November 22, 2004 at 11:00 a.m. Plaintiff Fonix was represented by Jeffery Jones and Steve Gordon of DURHAM JONES PINEGAR and Defendant The Breckenridge Fund, LLC, was represented by David Bolton of DAVID BOLTON, P.C. and Joel Zenger of MILLER MAGLEBY GUYMON, P.C. Upon consideration of the motion, the pleadings on file and the arguments of counsel, and good cause appearing, it is hereby ORDERED that the motion is denied in its entirety for the reasons stated on the record by the Court following the hearing of the motion, including the Court's conclusion that plaintiff has not demonstrated that it will suffer irreparable harm if the relief sought is not granted and that plaintiff has not demonstrated a likelihood of success on the merits.