V'Guara Inc. v. Steve Dec et al

Filing 102

ORDER denying without prejudice 9 Motion for Preliminary Injunction to its refiling after a decision on the motion for summary judgment 96 . Signed by Judge Jennifer A. Dorsey on 8/19/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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V’Guara, Inc.,

Case No.: 2:13-cv-0076-JAD-NJK

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Plaintiff,
v.
Steve Dec, an individual; S& D Beverage, LLC,

Order Denying Motion for
Preliminary Injunction without
Prejudice
[Doc. 9]

Defendants.

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On January 25, 2013, Plaintiff V’Guara, Inc. filed a Motion for Temporary Restraining Order

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and Preliminary Injunction. Docs. 8, 9. District Court Judge Miranda Du granted the motion for

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temporary restraining order on February 15, 2013, Doc. 18, and the parties stipulated to extend the

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duration of the temporary restraining order until the court issues a merits ruling on the motion for

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preliminary injunction. Doc. 36. The parties further stipulated that the court could set the hearing

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on the motion for preliminary injunction (Doc. 9) “in its discretion.” Doc. 36.

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On August 18, 2014, the court held a scheduling conference to set the hearing on the motion

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for preliminary injunction. Doc. 9. The parties requested that the court first rule on the recently

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filed and not-yet-fully-briefed motion for summary judgment (Doc. 96) before setting the

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preliminary-injunction hearing. In light of this request, and because (1) the parties have stipulated to

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keep the temporary restraining order in effect until the court considers the merits of the motion for

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preliminary injunction and (2) the likelihood of the need to supplement the preliminary injunction

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briefing in light of case developments since the original filing of the motion, IT IS HEREBY

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ORDERED that the motion for preliminary injunction (Doc. 9) is DENIED without prejudice to its

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refiling after a decision on the motion for summary judgment (Doc. 96). This without-prejudice

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denial is not intended, and shall not be construed, as the court’s issuance of “a ruling on V’GUARA

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INC’s Motion for Preliminary Injunction” as that phrase is used in the stipulated extension of the

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temporary restraining order (Doc. 36).

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Dated: August 19, 2014.
_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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