W. KEITH WATKINS, Chief District Judge.
The Statutory Restraining Order (Doc. # 8) entered on July 27, 2015, is currently set to expire at 4:08 p.m. on September 3, 2015. (Doc. # 43.) At a preliminary injunction hearing held on September 3, 2015, Plaintiff United States Commodity Futures Trading Commission and Defendants Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation ("Monex Nevada") notified the court that they jointly consent to a continuation of the Statutory Restraining Order until a new, consent preliminary injunction is entered.
Federal Rule of Civil Procedure 65(b)(2) provides that a temporary restraining order may operate for longer than a period of twenty-eight days if the adverse party consents. Fed. R. Civ. P. 65(b)(2); Fernandez-Roque v. Smith, 671 F.2d 426, 429-30 (11th Cir. 1982). Because Defendants have consented to the extension of the Statutory Restraining Order, the court finds that Statutory Restraining Order will be continued until entry of a consent preliminary injunction.
Accordingly, it is ORDERED that the duration of the Statutory Restraining Order (Doc. # 8), which was previously set to expire on September 3, 2015, is EXTENDED and the Statutory Restraining Order (Doc. # 8) shall remain in force and effect as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada, until a new consent preliminary injunction is entered.
Further, it is ORDERED that,
Plaintiff is DIRECTED to promptly serve Relief Defendant My Monex Inc., an Alabama corporation, with a copy of this Order.