The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOY BROWN, et al.,
Plaintiffs, Case No. 3:24-cv-14
vs.
GREENE COUNTY VOCATIONAL District Judge Michael J. Newman
SCHOOL DISTRICT BOARD OF Magistrate Judge Caroline H. Gentry
EDUCATION, et al.,
Defendants.
ORDER: (1) EXTENDING THE PREVIOUSLY ISSUED TEMPORARY RESTRAINING
ORDER TO FEBRUARY 15, 2024 AT 12:00 A.M.; (2) CANCELING THE TELEPHONE
STATUS CONFERENCE SET FOR TODAY, FEBRUARY 5, 2024 AT 4:45 P.M.; AND (3)
SETTING A PRELIMINARY INJUNCTION HEARING ON WEDNESDAY, FEBRUARY
7, 2024 AT 9:30 A.M.
The Court previously issued a fourteen-day Temporary Restraining Order (“TRO”) (Doc.
No. 5), which became effective on January 18, 2024. Following a telephone status conference on
February 5, 2024, and pursuant to the parties’ agreement, the fourteen-day TRO (Doc. No. 5) is
EXTENDED “a like period” to February 15, 2024 at 12:00 a.m. See Fed. R. Civ. P. 65(b).
During the telephone status conference, counsel informed the Court that they are available
for a preliminary injunction hearing on March 11, 2024. However, the Court has a criminal felony
trial involving three defendants beginning on February 26, 2024 and continuing through the week
of week of March 11, 2024. That case is subject to the requirements of the Speedy Trial Act, 18
U.S.C. § 3161, et seq., and Defendants’ Sixth Amendment right to a speedy trial, see Barker v.
Wingo, 407 U.S. 514, 530-32 (1972). The Court is also presently engaged in an ongoing civil bench
trial that will not conclude in February 2024 and must be continued beyond March 2024. These
circumstances leave the Court with no availability for a preliminary injunction hearing on March 11,
2024 and very limited availability for a hearing during the remainder of February and March 2024.
Additionally, although the parties may agree to an extension of a TRO beyond the 28-day period,
see Fed. R. Civ. P. 65(b)(2), “once [a] TRO [is] extended by the parties’ stipulation it [becomes], for
all intents and purposes, a preliminary injunction.” United States v. Bayshore Assocs., Inc., 934 F.2d
1391, 1398 (6th Cir. 1991). To avoid this unnecessary complication, and to promote a just, speedy,
and fair resolution of the pending issues, the Court finds it necessary to hold a preliminary injunction
hearing before the TRO expires on February 15, 2024.
For the above reasons, the Court ORDERS that: (1) the telephone status conference set
today, February 5, 2024 at 4:45 p.m., is CANCELED; and (2) a preliminary injunction hearing is
SCHEDULED for Wednesday, February 7, 2024 at 9:30 a.m.
Counsel for each party must appear in Court at the preliminary injunction hearing on
February 7, 2024. See S.D. Ohio Civ. R. 83.4(a). During the hearing, witnesses may testify in
person or via ZoomGov Meeting as follows:
https://www.zoomgov.com/j/1612048930?pwd=elEyaE5JMkppN0hhNVk0ZnV0WTBjQT09
Meeting ID: 161 204 8930
Passcode: 942588
IT IS SO ORDERED.
February 5, 2024 s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge