WILLIAM ZLOCH, Chief Judge, District
THIS MATTER is before the Court upon the Plaintiff, AutoNation Inc.'s Motion and Memorandum of Law for Relief from Stay and Request for Expedited Evidentiary Hearing, bearing file stamp of the Clerk of this Court dated July 29, 2003. The Court has carefully reviewed said Motion, the entire court file and is otherwise fully advised in the premises.
The Court previously set the Plaintiff, AutoNation Inc.'s (hereinafter "AutoNation") Motion for Preliminary Injunction (DE 2) for an evidentiary hearing on July 15, 2003. Prior to that hearing, the Defendant, Ronnie Whitlock (hereinafter "Whitlock"), filed various motions including a Motion to Dismiss for Lack of Personal Jurisdiction. See DE 9. At the July 15, 2003 evidentiary hearing the Court received evidence and heard argument from counsel regarding the issue of personal jurisdiction. The Court did not reach the merits of AutoNation's preliminary injunction motion. The Court announced an abbreviated ruling in open court denying Whitlock's Motion to Dismiss for Lack of Personal Jurisdiction and staying the above-styled cause pending a ruling from the United States District Court for the Northern District of Texas regarding a motion to dismiss filed by AutoNation in a declaratory judgment action filed by Whitlock in Texas state court. This Court did so because both the Texas action and this action involved the same issue (i.e., whether Whitlock has violated a non-compete agreement by taking employment with Vandergriff Toyota in Arlington, Texas) and for the two separate actions to proceed would have been a waste of judicial resources. On July 29, 2003, however, the Northern District of Texas dismissed Whitlock's Texas action. Accordingly, there is no longer any need to stay these proceedings.
AutoNation removed the case from state to federal court.
Accordingly, after due consideration, it is
ORDERED AND ADJUDGED as follows:
1. The Plaintiff, AutoNation Inc.'s Motion and Memorandum of Law for Relief from Stay and Request for Expedited Evidentiary Hearing be and the same is hereby GRANTED;
2. The Court's July 15, 2003 oral ruling staying this matter be and the same is hereby VACATED, set aside, and of no further force or effect;
3. The Plaintiff's Motion for Preliminary Injunction is hereby set for an Evidentiary Hearing before this Court on Thursday, August 7, 2003, at 9:30 a.m., in Courtroom A, United States Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida; and
4. Each side shall have three (3) hours to present testimony and other evidence in support of and in opposition to the Plaintiff's case.
DONE AND ORDERED.