DRE Health Corporation is seeking sweeping emergency relief against Berkley Equity Limited and Anthony Lyons, including a temporary restraining order, preliminary injunction, pre-judgment attachments, and the appointment of a receiver. The company filed its emergency motion on April 7, describing the request as urgent enough to warrant immediate court intervention.
Judge Ketchmark compressed the normal briefing timeline, ordering defendants to file their opposition by April 17 and giving DRE until April 21 for its reply. The court noted that defendants had not yet responded to the motion, though their deadline had not expired when the scheduling order was issued.
After reviewing DRE's emergency filing, Judge Ketchmark determined that the complex motion required more than paper briefing alone. 'The Court concludes that the pending motion will benefit from an evidentiary hearing and oral argument,' Ketchmark wrote, scheduling a three-hour hearing for April 24 at 10:00 a.m. in Courtroom 8C.
The case has been pending since 2022, with the emergency motion representing a significant escalation in the litigation. The court's case management docket shows this is document 349 in the proceedings, suggesting extensive prior litigation between the parties before DRE sought emergency relief.
The court structured the upcoming hearing to allow each side substantial time to present their case, allocating up to one hour for evidence presentation and 30 minutes for oral argument per party. Judge Ketchmark emphasized that 'any evidence should be well-tailored to the issues in the instant motion,' signaling the court's expectation for focused presentations.
The emergency motion appears to be separate from other pending issues in the case, as Judge Ketchmark clarified that the expedited briefing schedule does not affect deadlines for DRE's separate motion for entry of judgment under Rule 54(b), with defendants' response to that motion still due April 21.
The court also imposed additional requirements for the hearing, directing parties who intend to present evidence to file witness and exhibit lists by April 21 and email word versions to the courtroom deputy. The scheduling order reflects the court's preparation for a substantial evidentiary presentation on the emergency relief request.