STRATEGIC MAINTENANCE SOLUTIONS INC v. PRACTIVE SOLUTIONS INC et al

Filing 14

ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER 13 Motion for TRO By JUDGE GEORGE Z. SINGAL. (mjlt)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE STRATEGIC MAINTENANCE SOLUTIONS, INC., Plaintiff, v. PRACTIVE SOLUTIONS, INC., KEVIN D. CLARK & G. MICHAEL COOPER, Defendants. ) ) ) ) ) Docket no. 2:08-cv-278-P-S ) ) ) ) ) ) )

ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER Before the Court is Plaintiff's Motion for Temporary Restraining Order (Docket # 13). The Court has reviewed the Motion along with the entire docket. The Court finds no adequate basis for granting Plaintiff the extraordinary remedy of ex parte injunctive relief as requested. In the Court's view, Plaintiff has properly received tailored ex parte relief via the attachment order, and the additional wide-ranging injunctive relief sought via the pending motion is not clearly necessary to prevent immediate, irreparable harm. Rather, the relief requested is best considered after giving Defendants an opportunity to be heard. Therefore, to the extent Plaintiff's Motion for Temporary Restraining Order (Docket # 13) sought relief ex parte pursuant to Rule 65(b)(1), the Motion is hereby DENIED IN PART. However, the Court will RESERVE RULING on the Motion to the extent that it seeks preliminary injunctive relief in accordance with Rule 65(a)(1). Thus, Plaintiff is hereby ORDERED to give Defendants notice of this case and the pending motion and thereafter notify the Court of the date on which Defendants received notice. Defendants are hereby ORDERED to respond to Plaintiff's Motion (Docket # 13) within ten days of receiving such notice. SO ORDERED. /s/ George Z. Singal Chief U.S. District Judge Dated this 8th day of September, 2008.