LaHood v. Avatar Tours, LLC et al

Filing 7

ORDER Denying without Prejudice 3 Motion for Preliminary Injunction. Signed by Judge James C. Mahan on 12/6/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RAY LaHOOD,

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2:11-CV-1768 JCM (CWH)

Plaintiff,
v.
AVATAR TOURS, LLC, et al.,

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Defendants.

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ORDER

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Presently before the court is plaintiff Ray LaHood’s motion for preliminary injunction. (Doc.

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#3). Plaintiff failed to attach a certificate of service or otherwise indicate that defendants Avatar

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Tours, et. al. had notice of this motion. Thus, defendants did not file an opposition.

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Pursuant to Federal Rule of Civil Procedure 65(a)(1), the court may issue a preliminary

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injunction only on notice to the adverse party. FED. R. CIV. P. 65(a)(1). Here, the record contains

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no indication that defendants had notice of the motion for preliminary injunction.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Ray LaHood’s

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motion for preliminary injunction (doc. #3) be, and the same hereby is, DENIED without prejudice.

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DATED December 6, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge