Opinion
Case No: 07-14597.
March 26, 2008
ORDER
Before the Court is Plaintiff's Motion for a Preliminary Injunction. The Court previously granted Plaintiff's Motion, but held it in abeyance pending receipt of Defendant's profit loss estimate.
Defendant submitted its estimated profit loss under seal on March 24, 2008. Stating that it "only intended to sell its remaining inventory and any units in transit to it from the factory," Defendant estimates its potential lost profits at $13,608.78. Plaintiff did not submit a counter-estimate of profit loss, but submitted a letter contesting Defendant's estimated loss amount and claiming Defendant underestimated its losses in order to undercut Plaintiff's future damages claim. Whatever Defendant's possible motivations for their profit loss estimate, Plaintiff was given the opportunity to submit its own estimate of lost profits, but declined to do so.
Pursuant to FED. R. CIV. P. 65(c), the Court orders Plaintiff to pay a bond to Defendant in the amount of $13,608.78 before the injunction issues. Plaintiff is also ordered to submit a proposed final preliminary injunction order by the end of business March 27, 2008. After receipt of Plaintiff's proposed order the Court will enter a final order on March 28, 2008.