Wednesday, April 9, 2014
A day in court... NOT
The judge said that had there not been a procedural issue, plus some content issue, her inclination would have been to grant the injunction. However, she strongly cautioned that anything she did today would not be on the merits of the final case.
The procedural issue was related to the fact that the side asking for the TRO filed against the directors as individuals in their capacity as directors. We needed to ask for the TRO against just individuals, not in their capacity as directors. As directors they have immunity from the TRO unless some other procedural step is taken.
The judge left it open to return to court before May 6 if an emergency action needs to be taken by the court".