Visalus, Inc. v. Then et al

Filing 8

ORDER denying 3 Motion for TRO; deferring ruling on 3 Motion for Preliminary Injunction; dismissing as moot 4 Motion for Hearing. Signed by Judge William T. Moore, Jr on 2/20/2013. (loh)

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IN THE UNITED STATES DISTRICT COURT
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

VISALUS, INC.,

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Plaintiff,
CASE NO. CV413-028

V.

AMBER THEN and OCEAN AVENUE
LLC,
Defendants.
ORDER

Before the Court is Plaintiff ViSalus, Inc.'s Motion
for

Temporary

Injunction.

Restraining

(Doc. 3.)

enjoin Defendants

Order

and

Preliminary

In the motion, Plaintiff seeks to
from recruiting

and soliciting

Plaintiff's distributors, alleging Defendant Then violated
several non-compete and non-solicitation agreements.
at 11.)

(Id.

At the Court's request, Plaintiff submitted an

amended complaint in which it verified the citizenship of
Ocean Avenue, LLC's members.
the Court

is

(Doc. 6.)

After review,

satisfied by Plaintiff's pleadings

establishing diversity jurisdiction in this case.
The Court, in a previous order, has outlined the
basic factual background of this case (Doc. 5 at 2-3),
which need not be repeated in its entirety here. In this

case, the Court cannot address the merits of Plaintiff's
motion for a temporary restraining order because Plaintiff
has failed to follow the procedural requirements to obtain
one. As mentioned in the Court's prior order (Doc. 5
n.l), for a temporary restraining order to be issued
without written or oral notice to the adverse party,
Federal Rule of Civil Procedure 65(b) (1) requires that
(a) specific facts in an affidavit or a verified
complaint clearly show that immediate and
irreparable injury, loss, or damage will result
to the movant before the adverse party can be
heard in opposition; and
(b) the movants attorney certifies in writing
any efforts made to give notice and the reasons
why it should not be required.
While Plaintiff has filed a verified amended complaint,
the record contains no written certification from
Plaintiff's counsel of any efforts made to give notice to
the adverse party or reasons why such notice should not be
required. Accordingly, Plaintiff's request for a
Temporary Restraining Order is DENIED.'
The Court may issue a preliminary injunction only on
notice to the adverse party. Fed. R. Civ. P. 65(a) (1).
Because Defendants have yet to be served, the Court DEFERS

1

Accordingly, Plaintiff's "Emergency Motion for Hearing on
Temporary Restraining Order" (Doc. 4) is DISMISSED AS
MOOT.

ruling on Plaintiff's request for a preliminary injunction
until all Defendants have been served.
SO ORDERED this

2O

day of February 2013.

WILLIAM T. MOORE, Jr//
UNITED STATES DISTRYCT COURT
SOUTHERN DISTRICT OF GEORGIA

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