Opinion
DOCKET NO. 3:08-cv-00044-FDW.
February 19, 2008
ORDER (UNDER SEAL)
THIS MATTER comes now before the Court upon Plaintiffs' Proposal for Publication of Notice of Hearing (Doc. No. 12). The Court has already determined that notice by publication, given the fact that Defendants consist of "persons missing or unknown,"Mullane v. Cent. Hanover Bank Trust Co., 339 U.S. 306, 316 (1950), is the only practicable way to notify Defendants of the preliminary injunction hearing scheduled for February 28, 2008. The Court finds that Plaintiffs' proposed publication is "reasonably calculated, under all the circumstances, to apprised interested parties of the pendency of the action and afford them an opportunity to present their objections." Id. at 315. Additionally, the Court finds that NASCAR.com is the best possible publication to notify members of the racing community of the pending hearing. (See Crotty Declaration, Doc. No. 12, Ex. B.) Thus, the Court approves the posting of said publication on NASCAR.com, which posting shall run from February 20, 2008, to February 28, 2008.
IT IS SO ORDERED.