Opinion
21-11895
08-18-2021
RHE-TECH, LLC, Plaintiff, v. JUSHI USA FIBERGLASS CO. LTD, Defendant.
ORDER DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND SETTING FURTHER DEADLINES
ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE
On August 16, 2021, Plaintiff filed both its Complaint and a “Motion for Temporary Restraining Order and Preliminary Injunction.” On the same date, Plaintiff sent this motion by first-class mail to Defendant's attorneys of record. The court has reviewed Plaintiff's motion and determined that the requirements for issuing a temporary restraining order under Federal Rule of Civil Procedure 65(b) are not met in this case. Specifically, Plaintiff's Complaint fails to convince the court that “immediate and irreparable injury, loss, or damage will result . . . before the adverse party or that party's attorney can be heard in opposition.” Fed.R.Civ.P. 65(b)(1)(A) (emphasis added). Accordingly, IT IS ORDERED that Plaintiff's “Motion for Temporary Restraining Order and Preliminary Injunction” (ECF No. 2) is DENIED IN PART. Specifically, it is DENIED with respect to the request for a temporary restraining order. Plaintiff is DIRECTED to effectuate proper service of its Complaint and Motion on Defendant by Friday, August 20, 2021.
IT IS FURTHER ORDERED that counsel are DIRECTED to appear at an inperson conference to discuss the necessary course of action and the request for a preliminary injunction on Friday, August 27, 2021, at 9:30 a.m. Party representatives with effectively full settlement authority are required to appear.
Attached to this opinion as an exhibit is a draft scheduling order, which will be entered after the in-person status conference noted above. Counsel should review the exhibit to notify and familiarize themselves with what will be expected of them after the conference.
IT IS FURTHER ORDERED that the court will conduct a hearing for the preliminary injunction on Thursday, September 9, 2021, at 1:30 p.m.