Opinion
Civil Action CV-16-318
09-13-2016
CHRISTOPHER WENGER, Plaintiff v. JOSHUA GOULETTE, Defendant
ORDER ON REQUEST FOR PRELIMINARY INJUNCTION
Nancy Mills, Justice, Superior Court
Before the court is plaintiff Christopher Wenger's motion for preliminary injunction. Defendant Joshua Goulette was served on August 4, 2016 with the summons and complaint and the motion for preliminary injunction. He has not filed an answer to the complaint or response to the motion.
In his complaint, plaintiff seeks injunctive relief and attorney's fees. (Pl's Compl. 3.) Injunctive relief is not an independent cause of action. See America v. Yamartino, No. BCD-CV-11-41, 2012 Me, Super. LEXIS 19, at *33 (Mar. 19, 2012). It is a remedy that may be awarded if plaintiff succeeds on the merits of his cause of action. Id. Because no cause of action has been pleaded, no remedy can be awarded. Further, plaintiff cannot show a likelihood of success on the merits of a cause of action that has not been pleaded. See Ingraham v. Univ. of Me., 441 A.2d 691, 693 (Me. 1982).
The entry is
Plaintiffs Motion for Preliminary Injunction is DENIED.