Utica Leaseco, LLC v. Spatium Enterprise LLC

Background

Utica Leaseco, LLC moved for an order of attachment and expedited discovery. A defendant appeared and requested an evidentiary hearing. The plaintiff submitted a reply. The court had previously entered a temporary restraining order on the plaintiff's motion.

Court’s Orders

The court adjourned, meaning postponed, the show-cause hearing scheduled for July 28, 2020, to August 6, 2020, at 2:00 p.m. The hearing was to take place using the court’s videoconferencing software. The court stated that it would provide the parties with instructions for appearing by video and more detailed information about how the hearing would proceed.

The court also ordered that the temporary restraining order remain in place until August 12, 2020, at 8:30 a.m. Under Rule 65(b)(2) of the Federal Rules of Civil Procedure, the court found good cause to extend the order for 14 additional days. It explained that the extension would allow it to consider the record and give the parties time to prepare for the August 6 hearing, and that the extension was supported by the reasons stated in its earlier decision granting the temporary restraining order.

Disposition and Effect

Judge Analisa Torres postponed the hearing and extended the temporary restraining order through August 12, 2020, at 8:30 a.m. The opinion does not state a ruling on the merits of the requested order of attachment or expedited discovery.