LL Liquor v. State of Montana et al

Filing 16

ORDER denying 4 Motion for Preliminary Injunction; denying 4 Motion for Order to Show Cause. Signed by Judge Sam E Haddon on 9/29/2015. (HEG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
SEP 29 2015
Clerk, u.s. District Court

District Of Montana

LL LIQUOR, INC., d/b/a Lolo Liquor,
a Montana corporation,

Helena

No. CV 15-71-H-SEH
Plaintiff,
vs.

ORDER

STATE OF MONTANA; STEVE
BULLOCK, in his official capacity as
the Governor ofMontana;
MONTANA DEPARTMENT OF
REVENUE; MIKE KADAS, in his
official capacity as the Director of the
Montana Department of Revenue; and
JOHN DOES I-X,
Defendants.

Pending before the Court is Plaintiff's Motion for Preliminary Injunction
and Order to Show Cause. 1 Plaintiff has not shown that it meets the elements
required for the issuance of a preliminary injunction. 2 In particular, Plaintiff is

I

Doc. 4.

Stanley v. Univ.olS. Cal., 13 F.3d 1313, 1319 (9th Cir. 1994) (quoting Martin v. 1m 'I
Olympic Comm., 740 F.2d 670, 674-75 (9th Cir. 1984» (internal quotations and citations
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unable to show a likelihood of success on the merits of the claim.
ORDERED:
Plaintiffs Motion for Preliminary Injunction and Order to Show Cause 3 is
DENIED.
DATED this 29th day of September, 2015.

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~E.HADDON
United States District Judge

omitted) ("In this circuit, a party seeking preliminary injunctive relief must meet one of two tests.
Under the first, a court may issue a preliminary injunction if it finds that:
(I) the [moving party] will suffer irreparable injury if injunctive relief is not
granted, (2) the [moving party] will probably prevail on the merits, (3) in
balancing the equities, the [non-moving party] will not be harmed more than [the
moving party] is helped by the injunction, and (4) granting the injunction is in the
public interest.
Alternatively, a court may issue a preliminary injunction if the moving party demonstrates either
a combination of probable success on the mcrits and the possibility of irreparable injury or that
serious questions are raised and the balance of hardships tips sharply in his favor. Under this last
part of the alternative test, even if the balanee of hardships tips decidedly in favor of the moving
party, it must be shown as an irreducible minimum that there is a fair chance of success on the
merits.").
3

Doc. 4.

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