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Alvarez v. Hayward

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 19, 2006

MANUEL S. ALVAREZ, PLAINTIFF,
v.
CHARLES HAYWARD; WILLIAM NADER; AND THE NEW YORK STATE RACING ASSOCIATION, INC., DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Plaintiff's motion for an Order that Defendants show cause "why a preliminary injunction pursuant to Federal Rules of Civil Procedure 65 should not be issued ordering that [Plaintiff's] NYRA credential be reinstated and ordering that NYRA cease barring [Plaintiff] from his place of employment at Saratoga Race Course . . . AND . . . [p]ending a hearing and determination of the present application, [ordering] said defendants, their agents, servants, employees or any other person acting on their behalf, . . . to reinstate [Plaintiff's] credential and cease barring [Plaintiff] from his place of employment at Saratoga Race Course." See Dkt. No. 3, Order to Show Cause with A Request for Temporary Relief, at 1-2.

After reviewing Plaintiff's papers, the Court hereby

ORDERS that Plaintiff's motion for a Temporary Restraining Order is DENIED; and the Court further

ORDERS that Plaintiff serve a copy of this Order on Defendants' counsel by personal delivery or overnight mail on or before 5:00 p.m. on June 19, 2006; and the Court further

ORDERS that Defendants file their papers in opposition to Plaintiff's motion for a preliminary injunction using the Court's electronic filing system on or before 12:00 noon on June 26, 2006; and the Court further

ORDERS that Plaintiff file his papers in further support of his motion for a preliminary injunction, if any, using the Court's electronic filing system on or before 12:00 noon on June 30, 2006. After receiving the parties' papers, the Court will decide if a hearing is necessary and if one is necessary will notify the parties accordingly.*fn1


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