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- ilnd;;1:20-cv-01779_de11 RegisterActionDate "2020-03-28" @default.
- ilnd;;1:20-cv-01779_de11 RegisterActionDescriptionText "MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for Expedited Discovery and to Preserve Evidence (the "Motion") 5 is denied without prejudice. Plaintiff Wastebuilt Environmental Solutions, LLC commenced this action on March 13, 2020 with a complaint seeking injunctive and other relief. Based on a review of the docket, it does not appear that Plaintiff has yet served process upon either of the Defendants. At least the docket does not reflect that Plaintiff has filed the proof of service required under FRCP 4(l)(1). Nor has any counsel for either defendant filed an appearance in this action. Counsel for Plaintiff contacted the courtroom deputy by email on March 13, 2020, and inquired about setting the Motion for a hearing, but neither Defendant was copied on the email. On March 16, 2020, Plaintiff submitted to the Court a proposed order on the Motion, but again, neither Defendant was copied on the email. It thus appears, at least with respect to the portion of the Motion that seeks to preserve evidence, that Plaintiff is asking the Court to issue preliminary injunctive relief on an ex parte basis as against Defendants. Plaintiff has not, however, filed any application to proceed on an ex parte basis under FRCP 65(b)(1), the Defend Trade Secrets Act (18 U.S.C. § 1836(b)(2)), or any other provision of law. It is well settled that the "stringent restrictions" imposed on the availability of ex parte relief "reflect the fact that our entire jurisprudence runs counter to the notion of court action taken before reasonable notice and an opportunity to be heard has been granted both sides of a dispute." American Can Co. v. Mansukhani, 742 F.2d 314, 321-22 (7th Cir. 1984) (quoting Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423, 438-39 (1974)). Accordingly, the Motion is denied without prejudice to refiling, either once service has been effected upon Defendants or upon presentment of a properly identified and supported motion to proceed on an ex parte basis. Motion terminated. Mailed notice (JK) Modified on 4/2/2020 (ef, ). (Entered: 03/28/2020)" @default.
- ilnd;;1:20-cv-01779_de11 AdministrativeID "10" @default.
- ilnd;;1:20-cv-01779_de11 hasReferenceToOtherEntry ilnd;;1:20-cv-01779_de5 @default.