George & Company LLC v. Spin Master Corp et al

Filing 71

ORDER denying 58 Plaintiff George & Company, LLC's Motion for Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GEORGE & COMPANY LLC,
Plaintiff,
v.

Case No: 2:18-cv-154-FtM-38MRM

SPIN MASTER CORP, SPIN
MASTER US HOLDINGS, INC.,
SPIN MASTER LTD, SPIN MASTER,
INC., CARDINAL INDUSTRIES, INC.
and JOEL BERGER,
Defendants.
/
OPINION AND ORDER1
Before the Court is Plaintiff George & Company LLC’s Motion for Preliminary
Injunction (Doc. 58) and Defendants Spin Master Corp., Spin Master U.S. Holdings, Inc.,
Spin Master Ltd., Spin Master, Inc., Cardinal Industries, Inc., and Joel Berger's Response
in Opposition (Doc. 68).
George & Co.’s Motion is predicated on its Third Amended Complaint (Doc. 55),
which the Court dismissed for lack of personal jurisdiction over Defendants. (Doc. 70).
A court cannot grant injunctive relief against a defendant absent personal jurisdiction.
Advanced Tactical Ordinance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 800

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(7th Cir. 2014); Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F. Supp. 953,
961 (M.D. Fla. 1993). George & Co. has an opportunity to plead sufficient jurisdictional
facts in a fourth amended complaint. But until then, the Court cannot enjoin Defendants.
Accordingly, it is now
ORDERED:
Plaintiff George & Company, LLC’s Motion for Preliminary Injunction (Doc. 58) is
DENIED.
DONE and ORDERED in Fort Myers, Florida this 29th day of December, 2018.

Copies: All Parties of Record

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