Sequoia Electric, LLC et al

Filing 23

ORDER Denying 15 Motion for Temporary Restraining Order/Preliminary Injunction. Signed by Judge Kent J. Dawson on 8/9/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SEQUOIA ELECTRIC, LLC, a Nevada
limited liability company; and SEQUOIA
ELECTRIC UNDERGROUND, LLC, a
Nevada limited liability company,

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Plaintiffs,
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vs.
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TRUSTEES OF THE LABORERS JOINT )
TRUST FUND,
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Defendant.
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____________________________________/

2:12-cv-0751-KJD-VCF
ORDER

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Presently before the Court is Plaintiffs’s Motion for Temporary Restraining Order/
Preliminary Injunction (#15). Defendant has filed a response (#19).

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This action arises from the placement of Plaintiffs on a list of delinquent contrators

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maintained by Defendant. The delinquent list is used to inform other contractors of potential Trust

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Fund claims to any amounts being paid to delinquent contractors. However, it is undisputed that

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although Plaintiffs are listed on the delinquent list, there is no current delinquency claimed and that a

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notation simply states “contribution and ancillaries dispute in litigation”.

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Plaintiffs argue that they are unable to obtain payment and contracts while they are listed on
Defendant’s delinquent list. The only liquidated amount currently in dispute is a payment of

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$5,525.00 which was tendered by Plaintiffs to Defendant “under protest”. That amount will be

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redelivered to Defendants without the notation and subject only to Plaintiff’s right to seek a refund

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pursuant to established procedures. With that payment, the Court finds that there remains no

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currently liquidated delinquency claim against Plaintiffs. It is acknowledged, however, that there

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may be further liabilities arising from future audits and the potential for an award of reasonable

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attorney fees and costs in connection with the instant litigation. Whether Plaintiff will be liable in

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the future depends upon events which are beyond the ability of this Court to determine.

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The Court denies the Plaintiffs’ application for Temporary Restraining Order/Preliminary

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Injunction. The Court finds that Plaintiffs have not established that they are likely to prevail on the

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merits of their claims in this action, that the balance of hardships does not tip sharply in favor of the

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Plaintiffs, that the public interest disfavors granting of an injunction for the specific conduct alleged,

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specifically, publication of notice that the parties are in litigation, and finally, that money damages

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would adequately compensate Plaintiffs for any losses or lost profits arising from the actions of

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Defendant.

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Accordingly, the Court finds and orders that with payment of $5,525.00 by Plaintiff to

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Defendant , there remains no currently liquidated delinquency claim by Defendant Trustees of the

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Laborers Joint Trust Fund against Plaintiffs Sequoia Electric, LLC or Sequoia Electric Underground,

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LLC.

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It is further ordered that Plaintiffs’ Application for Temporary Restraining Order/Preliminary

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Injunction (#15) is DENIED.

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DATED: Aug. 9, 2012

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UNITED STATES DISTRICT JUDGE
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