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Bracciale v. National Sourcing, Inc.

United States District Court, M.D. Florida, Tampa Division

August 29, 2017

STEPHEN BRACCIALE and SAINT ANTON CAPITAL, LLC, Plaintiffs,
v.
NATIONAL SOURCING, INC. and PEDRO VALDEZ, Defendants.

          ORDER

          JAMES D. WHITTEMORE, UNITED STATES DISTRICT JUDGE

         BEFORE THE COURT is Plaintiffs' Emergency Motion to Extend the Temporary Restraining Order Until Resolution of the Emergency Motion to Remand (Dkt. 7). Upon consideration, the motion (Dkt. 7) is GRANTED.

         This matter was removed to this Court on Friday, August 25, 2017 from Hillsborough County Circuit Court. (Dkt. 1). In the state court case, a temporary restraining order was entered on Wednesday, August 23, 2017, and a hearing was set for Monday, August 28, 2017. The temporary restraining order remains "in full force and effect up to and including August 29, 2017....." (Dkt. 7-11). Plaintiffs seek to extend the temporary restraining order entered by the state court, the hearing on which was circumvented by Defendants' removal to this Court.

         Under Fed.R.Civ.P. 65(b)(2), a temporary restraining order expires at the time set by the court, "unless before that time the court, for good cause, extends it for a like period -" And, "[t]he reasons for an extension must be entered in the record." Fed.R.Civ.P. 65(b)(2). Good cause exists when a party has delayed the resolution of a temporary restraining order by its own action or uses removal to avoid a temporary restraining order issued by the state court. See The St. Consulting Grp., Inc. v. Payne, No. 8:10-CV-01089-T-24AEP, 2010 WL 2804860, at *1 (M.D. Fla. July 15, 2010); Am. Sys. Consulting, Inc. v. Devier, 514 F.Supp.2d 1001, 1009-10 (S.D. Ohio 2007).

         I find that good cause exists to extend the temporary restraining order. See The St. Consulting Grp., Inc., 2010 WL 2804860, at *1; Am. Sys. Consulting, Inc., 514 F.Supp.2d at 1009-10. By removing the action from state court, Defendants delayed the resolution of the state court order. Accordingly, Plaintiffs' Emergency Motion to Extend the Temporary Restraining Order Until Resolution of the Emergency Motion to Remand is GRANTED. The temporary restraining order attached to this Order is extended pending further order of the Court.[1]

         DONE AND ORDERED.

         IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION

         STEPHEN BRACCIALE and SAINT ANTON CAPITAL, LLC, Plaintiffs, v.

         NATIONAL SOURCING, INC. And PEDRO VALDEZ, Defendants.

         No. 17-CA-007866

         TEMPORARY RESTRAINING ORDER

         THIS MATTER, having come before the Court on the Verified Emergency Ex Parse Motion for Temporary Injunction ("Verified Motion") filed by Plaintiffs Steve Bracciale ("Bracciale") and Saint Anton Capital. LLC ("SAC" and collectively, "Plaintiffs") against Defendants Pedro Valdez ("Valdez") and National Sourcing, Inc. ("NSI" and collectively, "Defendants"), and the Court having reviewed the Verified Motion and exhibits, the Plaintiffs' Verified Complaint and exhibits, and being otherwise fully and duly advised in the premises.

         NOW, THEREFORE, the Court finds as follows:

         1. It has the jurisdiction of the parties ...


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