Opinion
Civ. No. 03-0283-E-BLW.
July 11, 2003.
ORDER
The Court issued a temporary restraining order (TRO) on July 8, 2003, and set a hearing on plaintiff's motion for a preliminary injunction for July 18, 2003. Defense counsel claims that he received no notice of the motion for TRO, and argues that there was an agreement between counsel that notice would be provided. Plaintiff's counsel disputes these allegations. The defendant is also challenging this Court's subject matter jurisdiction. Defendant requests either an immediate hearing or a stay of the TRO until the matter can be heard.
The Court has set this matter for hearing on July 18, 2003, just 7 days from now. If the TRO is stayed during these 7 days, the prejudice to plaintiff will be minimal due to the short time period. The Court will therefore order that the TRO be stayed from the date of this Order through July 18, 2003. To further alleviate prejudice, plaintiff is free to contact the Court's Law Clerk David Metcalf at 208-334-9145 (Boise Chambers) or 208-478-4112 (Pocatello Chambers) to schedule a hearing date earlier in the week. The Court expresses no opinion on the allegations of counsel concerning notice.
NOW THEREFORE IT IS HEREBY ORDERED, that the TRO (docket no. unassigned) is hereby STAYED through July 18, 2003, and plaintiff may request an earlier hearing date .