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Old 04-12-2020, 04:36 PM
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Todd Schultz
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Join Date: Apr 2009
Location: Phoenix
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It seems to me that Goodwin had ample notice that Beckett was seeking a TRO. You not only have to file (apply for) a TRO/injunction, but for it to be binding the Court has to approve and issue an actual order, usually after considering evidence, and that order has to be served to be effective.

Now a TRO can issue with or without notice, but the latter only occur when there is a true showing of exigency, unless you can show reasons why notice would be impractical or futile. So the application for TRO, if indeed that was filed, likely provided Heartland/Goodwin with notice and opportunity to be heard before the Court signed it. We all learned of the upcoming Heartland auction by March 20, about three weeks before auction end. Doubtless Beckett knew about it by then too. Assuming it took a little time to prepare the paperwork, it still seems that the court action would have been filed and Goodwin put on notice of what Beckett was asking to restrain/enjoin long before the final hours of the auction. The date/time when the court granted the application and signed an order could have come rather late, but there really should have been no eleventh hour surprise.
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Last edited by nolemmings; 04-12-2020 at 04:37 PM.
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