Opinion
Case No: 2:18-cv-154-FtM-38MRM
12-29-2018
GEORGE & COMPANY LLC, Plaintiff, v. SPIN MASTER CORP, SPIN MASTER US HOLDINGS, INC., SPIN MASTER LTD, SPIN MASTER, INC., CARDINAL INDUSTRIES, INC. and JOEL BERGER, Defendants.
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Before the Court is Plaintiff George & Company LLC's Motion for Preliminary Injunction (Doc. 58) and Defendants Spin Master Corp., Spin Master U.S. Holdings, Inc., Spin Master Ltd., Spin Master, Inc., Cardinal Industries, Inc., and Joel Berger's Response in Opposition (Doc. 68).
George & Co.'s Motion is predicated on its Third Amended Complaint (Doc. 55), which the Court dismissed for lack of personal jurisdiction over Defendants. (Doc. 70). A court cannot grant injunctive relief against a defendant absent personal jurisdiction. Advanced Tactical Ordinance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 800 (7th Cir. 2014); Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F. Supp. 953, 961 (M.D. Fla. 1993). George & Co. has an opportunity to plead sufficient jurisdictional facts in a fourth amended complaint. But until then, the Court cannot enjoin Defendants.
Accordingly, it is now
ORDERED:
Plaintiff George & Company, LLC's Motion for Preliminary Injunction (Doc. 58) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 29th day of December, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record