NCH Healthcare System, Inc. v. Paxerahealth Corp., 2:19-cv-632-FtM-38MRM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190904722
Visitors: 1
Filed: Aug. 30, 2019
Latest Update: Aug. 30, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Amended Emergency Verified Motion for Temporary Injunction (Doc. 5). Plaintiff filed this Motion in state court before Defendant removed the case here. (Doc. 1-1 at 2; Doc. 5). At this time, the Motion is denied for several reasons with leave to refile. First, the Motion does not comply with the Federal or Local Rules. (Doc. 5). Also, the attorney who signed the Motion is not counsel of record in this case.
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff's Amended Emergency Verified Motion for Temporary Injunction (Doc. 5). Plaintiff filed this Motion in state court before Defendant removed the case here. (Doc. 1-1 at 2; Doc. 5). At this time, the Motion is denied for several reasons with leave to refile. First, the Motion does not comply with the Federal or Local Rules. (Doc. 5). Also, the attorney who signed the Motion is not counsel of record in this case. ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Plaintiff's Amended Emergency Verified Motion for Temporary Injunction (Doc. 5). Plaintiff filed this Motion in state court before Defendant removed the case here. (Doc. 1-1 at 2; Doc. 5). At this time, the Motion is denied for several reasons with leave to refile.
First, the Motion does not comply with the Federal or Local Rules. (Doc. 5). Also, the attorney who signed the Motion is not counsel of record in this case. Next, the Motion was filed in state court, which applies a different legal standard than this Court. And finally, this Motion does not appear to be a true emergency. Plaintiff filed this Motion in state court on August 19, 2019. (Doc. 1-1 at 2; Doc. 5). On August 29, 2019, the state court set an evidentiary hearing on the Motion for September 16, 2019. (Doc. 1-1 at 2, 60). Thus, there does not appear to be an imminent and irreparable harm that cannot await a proper motion.
For all those reasons, the Motion is denied with leave to refile. Plaintiff may refile a proper amended motion within seven days. And Defendant must respond within seven days of that filing.
Accordingly, it is now
ORDERED:
1. Plaintiff's Amended Emergency Verified Motion for Temporary Injunction (Doc. 5) is DENIED with leave to refile.
2. Plaintiff may refile a proper amended motion on or before September 6, 2019.
3. If Plaintiff does so, Defendant must respond on or before September 13, 2019.
DONE and ORDERED.
FootNotes
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Source: Leagle
