Avitus, Inc v. NEA Delivery, LLC et al

Filing 61

ORDER denying 21 Motion for Preliminary Injunction. Signed by Magistrate Judge Timothy J. Cavan on 3/23/2018. (AEC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CV 17-69-BLG-TJC

AVITUS, INC.,
Plaintiff/Counter-Defendant,
vs.

ORDER
NEA DELIVERY, LLC and
NICHOLAS BULCAO, individually,
Defendants/Counter-Claimants,
_______________________________
AVITUS, INC.,
Third-Party Plaintiff,
vs.
AMERICAN ZURICH INSURANCE
COMPANY,
Third-Party Defendant.
On March 23, 2018, the Court held oral argument with respect to
defendants/counter-claimants NEA Delivery, LLC’s and Nicholas Bulcao’s
(collectively, “Defendants”) Motion for a Mandatory Preliminary Injunction.
(Doc. 21.) For reasons stated on the record at oral argument, the Court finds that
Defendants have failed to satisfy any of the four necessary elements for the
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issuance of a preliminary injunction set forth in Winter v. Natural Resources
Defense Council, Inc., 555 U.S. 7, 20 (2008). Accordingly,
IT IS ORDERED that Defendants’ Motion for a Mandatory Preliminary
Injunction (Doc. 21) is DENIED.
DATED this 23rd day of March, 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge

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