Opinion
Civil Case No. 01-RB-1451 (PAC) (Consolidated with Civil Action Nos. 01-RB-1472, 01-RB-1527, 01-RB-1616, 01-RB-1799, 01-RB-1930, 01-RB-2083, 02-RB-333, 02-RB-374, 02-D-507, 02-RB-658, 02-RB-755; 02-RB-798)
December 13, 2002
ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION CONCERNING DEFENDANTS JOSEPH P. NACCHIO AND PHILIP F. ANSCHUTZ
This matter is before me on the lead plaintiff's motion for preliminary injunction [# 155], filed November 4, 2002. This order addresses only the preliminary injunction sought against defendants Joseph P. Nacchio and Philip F Anschutz.
On November 25, 2002, I entered an order [# 184] denying the plaintiffs' Emergency Motion for Temporary Restraining Order [# 155]. In that motion, the plaintiffs also seek a preliminary injunction as to Nacchio and Anschutz. In my November 15, 2002, order, I found that the plaintiffs had not established an actual threat of irreparable injury sufficient to justify a temporary restraining order as to Nacchio and Anschutz. In addition, I gave the plaintiffs until December 9, 2002, to file a supplement to their motion for preliminary injunction, citing any additional evidence they may have which demonstrates a threat of irreparable injury. Finally, I noted that absent such a filing, the motion for preliminary injunction would be denied as to Nacchio and Anschutz.
To date, the plaintiffs have not filed a supplement to their motion for preliminary injunction as to Nacchio and Anschutz. The plaintiffs have not demonstrated a threat of irreparable injury sufficient to justify the entry of a preliminary injunction as to Nacchio and Anschutz.
THEREFORE IT IS ORDERED that the plaintiffs' motion for preliminary injunction [# 155], filed November 4, 2002, is DENIED as to the preliminary injunction sought against defendants Joseph P. Nacchio and Philip F Anschutz.