H&S Machinery Corporation v. Doosan Infracore America Corporation
Filing
31
ORDER AND REASONS denying 6 Motion for Preliminary Injunction. Signed by Judge Helen G. Berrigan on 9/16/2015. (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 AND REASONS
This matter comes before the Court on motion for preliminary injunction filed by
the plaintiff, H & S Machinery Corporation. (ʺH&Sʺ). Having reviewed the record, the
memoranda of counsel and the law, the Court has determined that a preliminary
injunction should not issue for the following reasons.
In order to be entitled to a preliminary injunction, the plaintiff must show (1) a
substantial likelihood that it will prevail on the merits; (2) a substantial threat that it will
suffer irreparable injury if the injunction is not granted; (3) the threatened injury
outweighs the threatened harm to the party whom it seeks to enjoin; and (4) granting
the preliminary injunction will not disserve the public interest. Lake Charles Diesel, Inc.
v. General Motors Corp., 328 F.3d 192, 195‐196 (5th Cir. 2003). Here, the plaintiff has failed
to meet any of the four requirements for the issuance of the preliminary injunction.
The plaintiff argues that the Louisiana statutory regime entitled ʺRepurchase of
Farm, Industrial and Lawn and Garden Equipment by Wholesaler Actʺ (ʺRepurchase
Actʺ) applies to its agreement with the defendant. Its argument ignores statutory
language that undermines this argument, as well as specific case law that rejects it,
falling far from the threshold showing that a substantial likelihood of success on the
merits exists. Id.; Flick Distributing LLC v. Allied Air Enterprises, Inc., 2010 WL 1838629
(E.D.La.).
In addition, irreparable harm has not been established given the availability of
monetary damages and absence of a coherent argument that the Louisiana statutory
provision overrides the requirements of Fed.R.Civ.P. 65. Finally, the plaintiffʹs
argument regarding the last two requirements for a preliminary injunction conveniently
ignores the fact that the partiesʹ agreement specifically provides ʺ[e]ither party may
terminate this Letter of Understanding, at any time for any reason whatsoever, by
giving the other party at least 30 days prior written notice sent electronically or by any
delivery service company.ʺ This Court finds that the issuance of a preliminary
injunction under circumstances that may run afoul of clear contract language carries the
potential for damage to the defendant and disserves the public interest.
This Court recognizes that the state court issued a temporary restraining order
with virtually no bond prior to removal. Nonetheless, it finds that federal procedure
and jurisprudence do not support the issuance of a subsequent preliminary injunction.
Accordingly,
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IT IS FURTHER ORDERED that the motion for preliminary injunction filed by
H&S Machinery Corporation id DENIED. Rec. Doc. 6.
New Orleans, Louisiana, this 16th day of September, 2015.
______________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
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