Opinion
Civil Action No. 11-cv-02609-PAB.
October 7, 2011
ORDER
This matter came before the Court for a hearing on plaintiff's Motion for Temporary Restraining Order [Docket No. 5]. The Court heard the testimony of Gregory Gilroy on behalf of plaintiff and also of defendants Sarah Peterson and George McConnell. At the conclusion of the hearing, the Court made findings of fact and conclusions of law. One of the Court's conclusions of law was that plaintiff carried its burden of establishing all four factors identified in RoDa Drilling Co. v. Siegal, 552 F.3d 1203, 1308 (10th Cir. 2009), in support of its motion for issuance of a temporary restraining order. Therefore, it is
ORDERED that plaintiff's Motion for Temporary Restraining Order [Docket No. 5] is granted in part and denied in part, as set forth below. It is further
ORDERED that defendants George McConnell, Sarah Peterson, their officers, agents, servants, employees, and attorneys, and those persons acting in concert with them who receive actual notice of this Order, are hereby enjoined from operating a haunted house or conducting any activities related to a haunted house on Outlot A of 9849 Isabelle Road, Lafayette, Colorado 80228. It is further
ORDERED that defendants George McConnell and Sarah Peterson shall remove all structures related to the haunted house from Outlot A of 9849 Isabelle Road, Lafayette, Colorado 80228 on or before October 28, 2011. It is further
ORDERED that this Order shall expire within fourteen days of the date this Order was issued, October 7, 2011, unless within that time it is extended for good cause shown. It is further
ORDERED that the parties shall contact the Court on or before October 11, 2011 to set a hearing on plaintiff's motion for preliminary injunction.