Volunteer Energy Services, Inc. v. Option Energy, LLC at al

Filing 14

TEMPORARY RESTRAINING ORDER enjoining Defendant Option Energy, LLC, its agents, employees, successors, assigns and/or others in active concert or participation with it from soliciting, or attempting to solicit, any existing customer of Volunteer Ener gy Services, Inc. regarding the purchase of natural gas by any such customer in the territory described in Defendant Option Energy, LLCs Agent Agreement with Plaintiff Volunteer Energy Services, Inc. A hearing is scheduled on Plaintiff's motion for preliminary injunction on Tuesday, June 21, 2011 at 1:15 p.m. before Hon. Robert Holmes Bell, 110 Michigan Ave. NW, Courtroom 602, Grand Rapids, MI 49503; Plaintiff shall serve a copy of its first amended complaint, motion for temporary restrain ing order and preliminary injunction, mmemorandum in support, Rule 65 certification, and this order on Defendants on or before Monday, June 13, 2011. Plaintiff shall DEPOSIT $1,000.00 in cash or cashiers check with the Clerk of the Court as security; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

VOLUNTEER ENERGY SERVICES, INC.,
Plaintiff,
File No. 1:11-CV-554
v.
HON. ROBERT HOLMES BELL
OPTION ENERGY, LLC, et al.,
Defendants.
/
TEMPORARY RESTRAINING ORDER
This matter is before the Court on Plaintiff Volunteer Energy Services, Inc.’s ex parte
motion for a temporary restraining order and preliminary injunction against Defendant
Option Energy, LLC. (Dkt. No. 12.)
Upon review of Plaintiff’s first amended complaint, motion for temporary restraining
order and preliminary injunction, memorandum in support, and Rule 65 certification, it
appears that immediate and irreparable injury, loss, or damage will result to Plaintiff before
Defendant can be heard in opposition. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for a temporary restraining order
(Docket # 12) is GRANTED.
IT IS FURTHER ORDERED that Defendant Option Energy, LLC, its agents,
employees, successors, assigns and/or others in active concert or participation with it are

ENJOINED from soliciting, or attempting to solicit, any existing customer of Volunteer
Energy Services, Inc. regarding the purchase of natural gas by any such customer in the
territory described in Defendant Option Energy, LLC’s Agent Agreement with Plaintiff
Volunteer Energy Services, Inc.
IT IS FURTHER ORDERED that a HEARING shall be held on Plaintiff’s motion
for preliminary injunction on Tuesday, June 21, 2011, at 1:15 p.m., Courtroom 601, Ford
Federal Building, 110 Michigan Ave. N.W., Grand Rapids, MI 49503, at which time
Defendant Option Energy, LLC shall SHOW CAUSE why preliminary injunctive relief
should not be entered against it as prayed for in Plaintiff’s complaint and motion for
preliminary injunction.
IT IS FURTHER ORDERED that Plaintiff shall SERVE a copy of its first amended
complaint, motion for temporary restraining order and preliminary injunction, memorandum
in support, Rule 65 certification, and this order on Defendants on or before Monday, June 13,
2011.
IT IS FURTHER ORDERED that Plaintiff shall DEPOSIT $1,000.00 in cash or
cashier’s check with the Clerk of the Court as security.

Date: June 8, 2011
Time: 2:15 p.m.

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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