Coronado Distribution Company, Inc. v. Divine Imaging, Inc. et al

Filing 4

ORDER denying without prejudice 3 Motion for Preliminary Injunctive Relief. Coronado Distribution may, if it wishes, file a motion that complies with Fed. R. Civ. P. 65 and that shows why preliminary injunctive relief should issue. Signed by Judge Larry Alan Burns on 8/23/16. (kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CORONADO DISTRIBUTION
COMPANY, INC.,

CASE NO. 16cv2115-LAB (DHB)

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Plaintiff,
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vs.

ORDER DENYING WITHOUT
PREJUDICE REQUEST FOR
PRELIMINARY INJUNCTIVE RELIEF

DIVINE IMAGINGING, INC.,
Defendant.

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Plaintiff Coronado Distribution Company, Inc. filed a complaint bringing claims for

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copyright infringement and other related claims, and seeking both preliminary and permanent

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injunctive relief. (Docket no. 1.) Also in the docket is a text order requesting a preliminary

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injunctive relief. (Docket no. 3.)

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The request is unsupported by any documentation or reasoning and does not comply

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with Fed. R. Civ. P. 65(a)(1) or (b)(1)’s notice requirements. The complaint itself does not

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adequately show why the standard for issuance of a preliminary injunction is met. See Winter

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v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (giving standard for preliminary

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injunctive relief).

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“extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is

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entitled to such relief”).

See also id. at 22 (explaining that preliminary injunctive relief is an

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16cv2115

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The request is therefore DENIED WITHOUT PREJUDICE. Coronado Distribution

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may, if it wishes, file a motion that complies with Fed. R. Civ. P. 65 and that shows why

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preliminary injunctive relief should issue.

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IT IS SO ORDERED.
DATED: August 23, 2016
___________________________________

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HONORABLE LARRY ALAN BURNS
United States District Judge

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16cv2115