Court filing
Notice filed by Blue Acorn PPP, LLC, Blue Oak Forest, LLC, Fin Cap, Inc. regarding 23… — Blueacorn Beringer (Dkt. 26)
No. 5:21-cv-00251-BO · Doc. 26 · Docket on CourtListener
Summary
A Notice of Expedited Review filed June 17, 2021 as Document 26 by defendants Fin Cap, Inc., Blueacorn PPP, LLC and Blue Oak Forest, LLC in Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc., Civil Action No. 5:21-cv-251-BO, in the U.S. District Court for the Eastern District of North Carolina, Western Division. The notice states that these defendants have filed a motion under Fed. R. Civ. P. 65(b)(4) to dissolve the Temporary Restraining Order entered June 11, 2021 (Dkt. 14). It asks the Court to hear and decide that motion as promptly as justice requires, and says the defendants would appear, or accept a decision on the papers, on or after Monday, June 21, 2021 and before the June 25, 2021 preliminary injunction hearing. The three-page notice is signed by Christopher J. Blake of Nelson Mullins Riley & Scarborough LLP.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
BERINGER COMMERCE, INC., d/b/a Civil Action No. 5:21-cv-251-BO
BLUE ACORN, iCi.,
Plaintiff,
vs.
FIN CAP, INC., d/b/a “BLUEACORN.CO,”
BLUE ACORN PPP, LLC, BLUE OAK
FOREST, LLC, MICHAEL S. COTA,
JAMES FLORES, STEPHANIE
HOCKRIDGE REIS, and NATHAN REIS,
Defendants.
NOTICE OF EXPEDITED REVIEW
Defendants Fin Cap, Inc., Blueacorn PPP, LLC and Blue Oak Forest, LLC (collectively,
the “Blueacorn PPP Defendants”), through undersigned counsel, have filed a Rule 65(b)(4) Motion
to Dissolve the Temporary Restraining Order entered by the Court on June 11, 2021. (Dkt. 14).
Pursuant to Federal Rule of Civil Procedure 65(b)(4), “[o]n 2 days’ notice to the party who
obtained the order without notice . . . the adverse party may appear and move to dissolve or modify
the order.” Fed. R. Civ. P. 65(b)(4). The Blueacorn PPP Defendants hereby give notice to Plaintiff
Beringer Commerce, Inc. d/b/a Blue Acorn iCi and this Court that the Blueacorn PPP Defendants
are requesting this Court “hear and decide the motion as promptly as justice requires.” While the
Blueacorn PPP Defendants would gladly appear before the Court on or after Monday, June 21,
2021, (two days’ notice) they are willing for the Court to determine the matter on the materials
submitted without a hearing on or after Monday, June 21, 2021, and prior to the Court’s June 25,
2021 hearing on preliminary injunction.
Case 5:21-cv-00251-BO Document 26 Filed 06/17/21 Page 1 of 3
This the 17th day of June, 2021.
NELSON MULLINS RILEY & SCARBOROUGH LLP
/s/ Christopher J. Blake
Christopher J. Blake
N.C. State Bar No. 16933
chris.blake@nelsonmullins.com
D. Martin Warf
N.C. State Bar No. 32982
martin.warf@nelsonmullins.com
4140 Parklake Avenue, Suite 200
Raleigh, North Carolina 27612
Phone: (919) 329-3800
Fax: (919) 329-3799
Counsel for Defendants Fin Cap, Inc., Blueacorn PPP,
LLC and Blue Oak Forest, LLC
Case 5:21-cv-00251-BO Document 26 Filed 06/17/21 Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that on June 17, 2021, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system which will send notification of such filing to all counsel of
record.
NELSON MULLINS RILEY & SCARBOROUGH LLP
/s/ Christopher J. Blake
Christopher J. Blake
N.C. State Bar No. 16933
chris.blake@nelsonmullins.com
4140 Parklake Avenue, Suite 200
Raleigh, North Carolina 27612
Case 5:21-cv-00251-BO Document 26 Filed 06/17/21 Page 3 of 3
File and source
- File
- gov.uscourts.nced.187990.26.0.pdf
- Size
- 22,628 bytes
- SHA-256
- c6ecbfda54be3433d086348e94c07105535285e073185ff7046b2f6e3b3d882a
- Original
- PACER (login required)