Campbell Alliance Group, Inc. v. Forrest et al

Filing 65

ORDER denying 4 Motion for Preliminary Injunction. Signed by Chief Judge James C. Dever III on 9/23/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-667-D
CAMPBELL ALLIANCE GROUP, INC.,
Plaintiff,

v.

)
)
)
)

)

ORDER

)
LYNN FORREST, and ANDREW KWON, )
)
Defendants. )

On September 22, 2016, this court heard Campbell Alliance Group Inc.'s ("Campbell" or
"plaintiff') motion for preliminary injunction [D.E. 4]. The court has considered the motion under
the governing standard. See,

~'

Winter v. Nat. Res. Def. Council. Inc., 555 U.S. 7, 20 (2008);

Centro Tepeyac v. Montgomery Cty., 722 F.3d 184, 188 (4th Cir. 20 13) (en bane); Real Truth About
Obama. Inc. v. FEC, 575 F.3d 342, 346 (4th Cir. 2009), vacated on other grounds, 559 U.S. 1089
(2010), reissued in relevant pm 607 F.3d 355 (4th Cir. 2010) (per curiam). The court also has
considered the entire record and the arguments of counsel. See,~' [D.E. 1, 4, 5, 54, 60, 61, 62].
As explained in open court and incorporated herein by reference, plaintiff has not established that
(1) it is likely to succeed on the merits of its breach of contract claims; (2) it is likely to suffer
irreparable harm absent preliminary relief; (3) the balance of the equities tip in plaintiff's favor; or
(4) a preliminary injunction is in the public interest.

See,~' RLM Commc'ns. Inc. v.

Tuschen, No.

14-2351,2016 WL 4039679, at *3-4 (4th Cir. July 28, 2016); Clinical Staffmg. Inc. v. Worldwide
Travel Staffing Ltd., 60 F. Supp. 3d 618, 623-26 (E.D.N.C. 2013); Southtech Orthopedics. Inc. v.
Dingus, 428 F. Supp. 2d 410,418-22 (E.D.N.C. 2006); Profl Liab. Consultants. Inc. v. Todd, 122
N.C. App. 212,218-21,468 S.E.2d 578, 582-84 (Smith, J., dissenting), rev'dpercuriamforreasons
stated in the dissent, 345 N.C. 176, 478 S.E.2d 201 (1996). Thus, Campbell's motion for a
preliminary injunction [D.E. 4] is DENIED.

SO ORDERED. This 2.3 day of September 2016.

J
S C. DE RIII
Chief United States District Judge

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