PETER CONDAKES COMPANY INC v. SANDLER BROS et al

Filing 7

ORDER denying 4 Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction and Ordering Motion for Temporary Restraining Order unsealed. By JUDGE GEORGE Z. SINGAL. (lrc) Modified on 5/1/2009 to unseal pursuant to the attached order(lrc). Modified on 5/8/2009 to add text "ex parte Motion for Temporary Restraining Order and Preliminary Injunction(lrc).

UNITED STATES DISTRICT COURT DISTRICT OF MAINE PETER CONDAKES COMPANY, INC., Plaintiff, v. SANDLER BROS., et al., Defendants. ) ) ) ) ) Docket no. 2:09-cv-168-GZS ) ) ) ) )

ORDER ON EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER Before the Court is Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (Docket # 4). Via this Motion, Plaintiff seeks injunctive relief ex parte pursuant to Federal Rule of Civil Procedure 65(b). The Court notes that Plaintiff also has pending a Motion for Attachment and Trustee Process (Docket # 5). Having reviewed Plaintiff's submission in its entirety, the Court cannot find that Plaintiff will suffer irreparable harm absent an ex parte temporary restraining order and, thus, the Court finds no adequate basis for granting Plaintiff the extraordinary remedy of ex parte injunctive relief. In sum, the Court believes that Plaintiff has an adequate remedy available via its other pending motion for attachment and trustee process, on which Plaintiff is free to request expedited briefing. For this reason, the Court hereby DENIES Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (Docket # 4) and ORDERS the Motion be UNSEALED on the docket. SO ORDERED. /s/ George Z. Singal United States District Judge Dated this 1st day of May, 2009.