Bakken Resources, Inc. v. Holms et al
ORDER granting ECF No. 13 Motion to Extend TRO; construing ECF No. 13 Motion as a Motion for Preliminary Injunction - response due by 4/4/2017, reply due by 4/7/2017. Re ECF No. 2 Motion to Dismiss, response due by 3/30/2017, reply due by 4/7/2017. Signed by Judge Miranda M. Du on 3/28/2017. (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BAKKEN RESOURCES, INC., a Nevada
Case No. 3:17-cv-00167-MMD-VPC
ALLAN G. HOLMS, an individual,
MANUEL GRAIWER, an individual, DOES
1-10 and ROE ENTITIES I-X,
This action was removed from the Second Judicial District Court in and for the
County of Washoe on March 17, 2017. (ECF No. 1.) The state court had granted Plaintiff’s
ex parte motion for a temporary restraining order (“TRO”) and set a hearing for March 6,
2017. (ECF No. 1-4.) The state court subsequently granted Plaintiff’s request to extend
the TRO because Plaintiff had not been able to perfect service and set a hearing for
March 28, 2017. (ECF No. 9-1.) Before the Court is Plaintiff’s emergency motion to extend
the TRO (“Motion”). (ECF No. 13.) The Court has reviewed Defendant’s response
(“Response”) (ECF No. 14), which was filed within the short response time set by the
Temporary restraining orders are governed by the same standard applicable to
preliminary injunctions. Cal. Indep. Sys. Operator Corp. v. Reliant Energy Servs., Inc.,
181 F. Supp. 2d 1111, 1126 (E.D. Cal. 2001). A preliminary injunction may be issued if a
plaintiff establishes: (1) likelihood of success on the merits; (2) likelihood of irreparable
harm in the absence of preliminary relief; (3) that the balance of equities tips in his favor;
and (4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc.,
555 U.S. 7, 20 (2008). “Injunctive relief [is] an extraordinary remedy that may only be
awarded upon a clear showing that the plaintiff is entitled to such relief.” Id. at 22. The
Ninth Circuit has held that “‘serious questions going to the merits’ and a hardship balance
that tips sharply toward the plaintiff can support issuance of an injunction, assuming the
other two elements of the Winter test are also met.” Alliance for the Wild Rockies v.
Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). Here, Plaintiff has satisfied the Winter factor
to warrant an extension of the TRO pending a hearing.
Accordingly, Plaintiff’s emergency motion to extend the TRO (“ECF No. 13) is
granted. The TRO will be extended pending a hearing.
Plaintiff asks the Court to set a briefing schedule on a motion for preliminary
injunction. However, no such motion has been filed with the Court. To the extent such a
motion was filed before removal, the motion would have been automatically denied
without prejudice and would need to be refiled pursuant to LR 81-1. However, to avoid
further delay, the Court will construe Plaintiff’s emergency motion to extend (ECF No 13)
as a motion for preliminary injunction. So construed, Defendant will have until April 4,
2017, to respond and Plaintiff will have until April 7, 2017, to file a reply. Because
Defendant’s pending motion to dismiss (ECF No. 2) may render the motion for preliminary
injunction moot, the Court will address the motion to dismiss at or before the scheduled
hearing. Accordingly, the Court will make slight modification to the briefing schedule on
Defendant’s motion to dismiss. Plaintiff will have until March 30, 2017, to respond and
Defendant will have until April 7, 2017, to reply. A separate minute order will be set
scheduling the hearing.
The Court will issue a separate minute order setting a hearing on Plaintiff’s motion.
DATED THIS 28th day of March 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?