- 2 -4. The presiding judge of the same court then recused himself from this case, and theHonorable Judge John Ovard, presiding judgment of the First Administrative Judicial Region,assigned this case to the 44
District Court for hearing.
5. Pursuant to Tex. R. Civ. P. 680, Plaintiff moves the Court dissolve the Ex ParteTemporary Restraining Order immediately.6. Alternatively, Plaintiff moves the Court modify the Temporary Restraining Order todispense with and remove any limitation on Defendant
s movement.7. Defendant would also request the Court expedite hearing of this motion to a time onMonday, September 17, 2012, or Tuesday, September 18, 2012. Plaintiff is aware of Defendant
s intent to file this motion, and so an expedited hearing would not surprise or beprejudicial to Plaintiff.
8. Many provisions of the Temporary Restraining Order are unrelated to the causes of action presented by Plaintiff
s suit, and are further in applicable and pre-mature since thebehavior from which Defendant is restrained has never occurred.9. Specifically, Defendant has not sent any communication pretending to be Plaintiff andhas no intention to do so. Defendant has not created a website using the domain name thesubject of this suit, and has not posted any content to such a website. Defendant has not usedPlaintiff
s name for any commercial purpose whatsoever.10. Further, Defendant has never made any threat of any kind towards Plaintiff, directlyor indirectly, which would justify the provisions of the Temporary Restraining Order whichrestricts Defendant