FOUR SEASONS HOTELS AND RESORTS, B.V., FOUR SEASONS HOTELS (BARBADOS), FOUR SEASONS HOTELS LIMITED, Plaintiffs-Appellees, versus CONSORCIO BARR, S.A., CARLOS L. BARRERA, Defendants-Appellants., 320 F.3d 1205

Summary

The licensees, a corporation and an individual in Venezuela, were served with a motion for a temporary restraining order and notice of a hearing only two days before the hearing was to take place in Miami, Florida. The licensees' attorney had learned of the matter at the close of business on the previous day and was not sufficiently prepared for the hearing. Counsel requested a delay in order to familiarize himself with the documents, locate witnesses, and prepare a response. The appellate court determined that the two day notice period, under the instant circumstances, provided insufficient time to read the pertinent documents, obtain and consult with counsel, and locate witnesses or obtain affidavits supporting licensees' position. The district court compounded its error by declining to hold the subsequent evidentiary hearing. The district court did hold a telephone hearing; however, the telephone hearing deprived the licensees of any meaningful opportunity to adequately present ...