H&S Machinery Corporation v. Doosan Infracore America Corporation
Filing
13
ORDER AND REASONS granting in part and denying in part 7 MOTION to Expedite. Supplemental memo to be filed by 9:00 am 09/11/2015. Any opposition to 6 MOTION for Preliminary Injunction to be filed by 9/14/2015 at noon. State court TRO shall remain in effect until 4:30 pm on 09/16/2015. Deadline for submission of memos regarding jurisdiction is reset to 4:30 p.m. on 09/10/2015. Signed by Judge Helen G. Berrigan on 9/8/2015.(kac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
H & S MACHINERY CORPORATION
VERSUS
CIVIL ACTION
DOOSAN INFRACORE AMERICA
CORPORATION
SECTION ʺCʺ (5)
NO. 15‐3924
ORDER
IT IS ORDERED that the plaintiffʹs motion to expedite the motion for preliminary
injunction is PARTIALLY GRANTED and PARTIALLY DENIED. Rec. Doc. 7. Subject
matter jurisdiction has not been established. Although the information in the verified
state court petition and otherwise supplied by the plaintiff in memoranda to date may
bear on the issue of gross sales, it is not determinative of the issue of damages or
irreparable harm. In addition, in the motion for preliminary injunction, the plaintiff
relies on a single case involving a post‐trial permanent injunction for the broad
proposition that a provision in state law can override the requirements of Fed.R.Civ.P.
65 with regard to the issuance of a temporary restraining order or preliminary
injunction and the attendant requirement that irreparable harm be demonstrated. Rec.
Doc. 6‐1 at fn 1. These issues must be directly addressed by the plaintiff and supported
by competent proof in supplemental memoranda filed by September 11, 2015, at 9:00
a.m. Any opposition to the motion for preliminary injunction shall be filed by
September 14, 2015, at noon, at which time the motion for preliminary injunction shall
be taken under submission on the briefs.
IT IS FURTHER ORDERED that the state court temporary restraining order shall
remain in effect until September 16, 2015, at 4:30 p.m. Although it is unclear from the
state court order itself how long the state court temporary restraining order was to
remain in effect, it appears that September 16, 2015, was the designated termination
date and this Court will adopt that deadline for present purposes. Rec. Doc. 1‐1.
IT IS ORDERED that the September 30, 2015, deadline previously imposed on
both parties for the submission of memoranda directed to the issue whether the
jurisdictional minimum existed at the time of removal is RESET to September 10, 2015,
at 4:30 p.m. Again, the parties can not consent to subject matter jurisdiction, but can
cooperate in the expedited exchange of discovery pertaining to that issue.
IT IS FURTHER ORDERED that the parties confer and discuss whether this
matter can be amicably resolved.
New Orleans, Louisiana, this 8th day of September, 2015.
______________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?