MAHONING COUNTY, OHIO
THE BOARD OF EDUCATION OF THE CASE NO. 98 CV 02197
YOUNGSTOWN CITY SCHOOL.
JUDGE JOHN M. DURKIN
CORRECTIONS CORPORATION OF
AMERICA, INC., et al.
TEMPORARY RESTRAINING ORDER
This cause came on to be heard upon Plaintiff’s Motion for Temporary Restraining Order; the Affidavit of John Maluso, president of the Board of Education of the Youngstown City School District and the Certification of Plaintiff’s attorneys regarding notification It appearing to the Court that Defendants Corrections Corporation of America, Inc. ("CCA"), Prison Realty Trust, Inc. ("PRT") and CCA Acquisition Sub, Inc. are about to transfer control and responsibility for operation of the prison CCA operates in Youngstown, Ohio, commonly known as the Northeast Ohio Correctional Center, located at 2240 Hubbard Road, Youngstown, Ohio (the "Prison") in violation of the Development Agreement, TIF Agreement, and 9.07 Agreement (attached to Plaintiff’s Complaint as Exhibits 1 and 2 and 3, respectively), that Defendants will continue to do so, unless restrained by Order of this Court; and that immediate and irreparable injury, loss or damage may result to Plaintiff and before Defendants can be heard in opposition, it is
ORDERED, ADJUDGED, AND DECREED that Defendants Corrections Corporation of America, Inc., Prison Realty Trust, Inc. and CCA Acquisition Sub, Inc. shall be restrained and enjoined from directly or indirectly individually or in concert with any third person or entity, from transferring to any other person or entity, by merger, or otherwise, or operation of the Prison.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff is not required to tender security, pursuant to Rule 65(C) of the Ohio Rules of Civil Procedure, and, further, as the Defendants are merely being required to refrain from taking actions which they are already by the aforementioned contracts obliged to refrain from doing, the Defendants can suffer no additional damages for which bond would be necessary in any event,
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Order will expire within _____ days after entry, unless within such time the Order, for good cause shown, is extended, or unless Defendants consent to it, extension for a longer period;
IT IS FURTHER ORDERED, ADJUDGED, DECREED that a preliminary injunction hearing be held in this matter on the 26th day of September, 2000 at 2:00 p.m.; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Order, together with other pleadings filed this date, discovery and such other Orders as the Court may enter together with this Order, be immediately served upon Defendants by: ___________________
IT IS SO ORDERED
Dated: Judge John M. Durkin
Martin J. Hughes, III, Esq (008284)
100 East Wilson Bridge Road
Columbus, Ohio 43085
614/410/1700, 614/410-1790 (f)
Counsel for Plaintiff, the Board of Education of
the Youngstown City School District
All parties on attached service list