GP Industries, L.L.C. v. US Aluminum, Inc.

Filing 10

ORDER - IT IS ORDERED that the plaintiff's motion for a preliminary injunction is denied as premature, without prejudice to reassertion and refiling. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

GP INDUSTRIES, L.L.C., a Nebraska limited
liability company;
8:17CV272
Plaintiff,
ORDER

v.
US ALUMINUM, INC., a Wisconsin
corporation;
Defendant.

This matter is before the court on its own motion. Plaintiff GP Industries, Inc. filed a
motion for a preliminary injunction, Filing No. 2, contemporaneously with its complaint, Filing
No. 1. There is no indication on the docket that the plaintiff has effected service on the
defendant. At any rate, no answer or responsive pleading has been filed. The court is
advised that plaintiff’s counsel will contact the court to schedule a hearing on the motion.
For docket control purposes, the court will deny the motion as premature at present, without
prejudice to reassertion and refiling.1

The court will schedule a hearing at that time.

Accordingly,
IT IS ORDERED that the plaintiff’s motion for a preliminary injunction is denied as
premature, without prejudice to reassertion and refiling.
Dated this 27th day of September, 2017.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

1

The plaintiff need not refile its brief and evidence, but may incorporate them by reference to CM/ECF
filing numbers.