BEST CHAIRS INCORPORATED v. FACTORY DIRECT WHOLESALE, LLC

Filing 99

ORDER denying without prejudice, Plaintiff's 13 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 3/30/2015. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

BEST CHAIRS INCORPORATED,

)
)
Plaintiff,
)
)
vs.
)
)
FACTORY DIRECT WHOLESALE, LLC, )
et al.,
)
)
Defendants.
)

3:14-cv-00067-RLY-WGH

ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
On June 27, 2014, Plaintiff filed a Motion for Preliminary Injunction. Since that
time, the parties have engaged in jurisdiction discovery, and the defendant, Factory
Direct Wholesale, has moved to dismiss the Amended Complaint for lack of personal
jurisdiction and for failure to state a claim upon which relief can be granted. “Before
deciding any case on the merits, a federal court must ensure the presence of both subjectmatter jurisdiction and personal jurisdiction.” Kromrey v. U.S. Dep’t of Justice, 423
Fed.Appx. 624, 626 (7th Cir. 2011). Thus, the court may not rule on the motion for
preliminary injunction until it has satisfied itself of the presence of personal jurisdiction
over Factory Direct. Id. Accordingly, the court DENIES Plaintiff’s Motion for
Preliminary Injunction (Filing No. 13) WITHOUT PREJUDICE. If the court
determines it has personal jurisdiction over Factory Direct, Plaintiff may move to

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reinstate the Motion for Preliminary Injunction within twenty (20) days of the date of the
court’s ruling denying Factory Direct’s Motion to Dismiss.

SO ORDERED this 30th day of March 2015.
_________________________________
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

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