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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 12-23300-CIV-UNGARO/TORRES

PATRICE BAKER, an individual and LAURENT LAMOTHE, an individual, Plaintiffs, v. HAITI-OBSERVATEUR GROUP, et al., Defendants. ____________________________________/

ORDER This matter is before the Court on the Renewed Motion filed by Plaintiffs for Preliminary Injunction [D.E. 18], which seeks to enjoin the defendants from continuing to make defamatory statements about the Plaintiffs through a website. The motion was accompanied by a Motion for Hearing on the issues raised by the motion for preliminary injunctive relief. [D.E. 19]. No timely response has been filed to the renewed motion even though the record contains evidence of service of the original summons and complaint as well as the pending motions. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. Though the motion for preliminary injunction could be granted by default

under S.D. Fla. Local R. 7.1, the Court is reluctant to do so without giving Defendants a further opportunity to defend against the motion that raises potential first amendment issues, not to mention a question whether a showing of irreparable harm

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has been adequately made to support preliminary injunctive relief. The Court will thus GRANT the request for hearing on the preliminary injunction motion. An evidentiary hearing shall be set for February 25, 2013, at 9:30 a.m., United States Courthouse, 99 N.E. 4th Street, Courtroom 5, Miami, Florida. 2. The Courts review of the record also evidences that Defendants may be

in default and subject to entry of default judgment against them, assuming they have been appropriately served with process as evidenced by the affidavits filed on December 10, 2012. No timely answer or response has been filed in the docket to the complaint. Accordingly, Plaintiffs are directed to move for entry of a clerks default against the named Defendants who have been served in the action. Defendants are advised that the failure to respond to the complaint and/or the clerks default may be grounds for entry of default judgment against them under Fed. R. Civ. P. 55, including the entry of a permanent injunction as pled in the complaint plus monetary damages. Any challenges to service of process must be timely raised in accordance with Fed. R. Civ. P. 12. 3. Plaintiffs shall move for entry of a clerk default (or show cause why such

motion cannot be filed) within five days of this date. DONE AND ORDERED in Chambers at Miami, Florida, this 10th day of January, 2013.

___________________________________ EDWIN G. TORRES United States Magistrate Judge

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copies served by U.S. mail on: Leo Joseph 139-68 86th Avenue Jamaica, NY 11435 copies served by electronic mail on: contact@hait-obervateur.net copies served by CM/ECF on: Plaintiffs counsel of record