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Delamater v. Anytime Fitness

April 13, 2010

TERRY DELAMATER, INDIVIDUALLY AND DBA FAMILY FITNESS OF ROYAL, LLC, PLAINTIFF,
v.
ANYTIME FITNESS, INC., DEFENDANT.



The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER REGARDING THE PARTIES' EX PARTE COMMUNICATIONS

On April 5, 2010, Defendant Anytime Fitness ("Defendant") submitted a letter to the court requesting that the court schedule an evidentiary hearing in connection with Defendant's "anticipated motion for a preliminary injunction." On April 7, 2010, Plaintiff Terry Delamater ("Plaintiff") submitted a letter in response to Defendant's April 5 letter, requesting that the court refrain from hearing any arguments or motions related to preliminary injunctions until the court has ruled on the parties' cross-motions for summary judgment.

Defendant, however, has not filed a formal motion for a preliminary injunction in accordance with Local Rule 231.*fn1 Therefore, the only pending motions before the court are the parties' cross-motions for summary judgment. The court only acts upon properly filed pleadings and not ex parte communications. The parties are admonished that correspondence to the court designed as motions are inappropriate and any further ex parte communications will not be considered by the court.

IT IS SO ...


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