A Texas court has rejected My Advertising Pays' bid for an emergency restraining order against VX Gateway, dealing a setback to the company's legal strategy against the payment processor and its principals, Celia Dunlop and Timothy MacKay.
The denial came after a December 7th hearing where VX Gateway's legal team successfully argued that a Texas District Court lacked jurisdiction over the defendants. The ruling doesn't end the fight—it just changes its shape.
The court ordered jurisdictional discovery to proceed in two phases. The first runs until December 21st, with both sides required to dig into whether VX Gateway and its principals have meaningful ties or conduct business in the United States or Texas. A second wave of discovery stretches until January 11th, 2017.
My Advertising Pays now faces a tight timeline to build its case. Depositions must wrap up by January 27th. Motions to dismiss are due January 31st, with responses following by February 14th and replies by February 21st. The company also has until February 14th to respond to the preliminary injunction motion.
Though the temporary restraining order failed, My Advertising Pays still has a shot at a preliminary injunction—the next level of emergency relief. The court scheduled a hearing on March 3rd to decide whether to grant it.
The jurisdictional question proved pivotal here. VX Gateway essentially told the court: you don't have power over us. Now both sides must prove whether that's true. The outcome of discovery could determine whether this case stays in Texas or gets kicked elsewhere entirely.
For My Advertising Pays, the denial is a delay but not a death blow. The company gets more time to unearth evidence linking VX Gateway's operations to Texas or the broader U.S. If they find enough, they could overcome the jurisdiction problem by March. If they don't, the entire lawsuit could collapse on technical grounds before the main allegations ever get a real hearing.
🤖 Quick Answer
What was the outcome of My Advertising Pays' request for a temporary restraining order against VX Gateway?A Texas court rejected My Advertising Pays' bid for an emergency restraining order against VX Gateway and its principals, Celia Dunlop and Timothy MacKay. The denial followed a December 7th hearing where VX Gateway's legal team successfully argued that the Texas District Court lacked jurisdiction over the defendants.
What did the court order regarding jurisdictional discovery?
The court ordered jurisdictional discovery to proceed in two phases. The first phase extends until December 21st, requiring both parties to examine whether VX Gateway and its principals maintain meaningful connections or conduct business in the United States or Texas. The second discovery phase continues until January 11th, 2017.
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