We were unsuccessful in getting the Cole County Circuit Judge to issue a Temporary Restraining Order associated with freezing the Canine Cruelty Prevention Act.
First of all, this action does not affect what we are doing with regards to the overall lawsuit. We are still in the discovery phase where the State has to respond to our request for documents, records, etc. We have our first formal court date on 11/30/12 at 9:00 a.m..
On a parallel path we are pursuing injunctive relief that would freeze everything.
Last Thursday we argued for an immediate Temporary Restraining Order. That type of hearing involves case law and legal arguments but no live witness testimony is presented. The threshold at this point in the proceedings is high and would have required the judge to put the inspection division of MDA on sabbatical if he issued the TRO. The Court declined to do so at this point.
At the same time, the State asked the judge to dismiss the lawsuit. The Court did not dismiss the case and called on the State to answer the complaint which keeps us in Court. Again, the judge asked some very interesting questions that indicate that the Court is giving our case strong consideration.
We next ask for a hearing at which evidence and witnesses will be presented as we request a "preliminary injunction". Basically, it is the same thing as a TRO but we get to present evidence in this action. If we get the preliminary injunction which usually lasts 90 days, we will pursue a "permanent injunction" that would freeze everything until the conclusion of the lawsuit.
To summarize, we didn't get immediate relief, but the court didn't throw out the case either, so we go forward on both paths.
Should you have any questions, feel free to email me at firstname.lastname@example.org.
The Cavalry Group