XCENTRIC VENTURES, L.L.C., an Arizona limited liability company; and ED MAGEDSON, an individual,
No. C15-4008-MWB vs. REPORT AND RECOMMENDATION ON MOTION FOR PRELIMINARY INJUNCTION BEN SMITH, in his individual capacity as Sac County Attorney, Defendant.
REPORT AND RECOMMENDATION ON MOTION FOR PRELIMINARY INJUNCTION
I. INTRODUCTION This case is before me on plaintiffs’ motion (Doc. No. 7) for preliminary injunction. The motion has been referred to me pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 72 for the issuance of a report and recommended disposition. See Doc. No. 8. I conducted an evidentiary hearing on May 1, 2015. Attorneys Joel Robbins, Maria Speth and Angela Campbell appeared for plaintiffs. Attorneys Kristopher Madsen and Robert Livingston appeared for defendant. Plaintiffs called three witnesses: Benjamin Smith, Adam Kunz and Edward Magedson. In addition, plaintiffs offered Exhibits 1 through 41,1 all of which were ultimately received.
without objection.2 Defendant called no additional witnesses and offered no exhibits. After the hearing, plaintiff submitted two additional exhibits – Exhibits 42 and 43. Defendant does not object to either exhibit. As such, both are received into evidence for purposes of plaintiffs’ motion. The parties submitted pre-hearing briefs. See Doc. Nos. 7-1, 16 and 20. At the conclusion of the hearing, the parties agreed to present their closing arguments in writing. All of those arguments have now been filed. See Doc. Nos. 44, 45 and 49. The motion is now fully submitted and ready for decision.3
Click PDF link at top of page to read entire 52 page document for free