Queen City Bread, Inc. v. Bimbo Food Bakeries Distribution, LLC

Filing 4

ORDER that Plaintiffs Motion for Temporary Restraining Order is hereby converted into a Motion for Preliminary Injunction and Plaintiffs are directed to file a brief in support of their motion in accordance with Local Rule 7.1(C).. Signed by Senior Judge Graham Mullen on 8/22/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00494-GCM
QUEEN CITY BREAD, INC.,

Plaintiff,
v.
BIMBO FOOD BAKERIES
DISTRIBUTION, LLC,
Defendant.

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ORDER

THIS MATTER is before the Court upon the Plaintiffs Complaint and Motion for
Injunctive Relief. The Plaintiff moves the Court to enter a temporary restraining order “enjoining
Defendant Bimbo Food Bakeries Distribution, LLC from refusing Plaintiff and Mr. Kriependorf
access to the depot; interfering with Plaintiff’s ability to operate its route pursuant to the
Distribution agreement; interfering with Plaintiff’s right to operate its route as an independent
contractor free from Defendant’s interference; forcing Plaintiff to sell its route, and that Plaintiff
get its route back.” (Doc. No. 1-1 at 2).
When a temporary restraining order is entered without notice, Rule 65 requires that the
order state the date and hour that it was issued, describe the injury and why it is irreparable,
provide reasons for why the order is entered without notice, and be promptly entered on the
record. Fed. R. Civ. P. 65(b)(2). In addition, the order must state the reasons why it issued, state
its terms specifically and describe in reasonable detail the acts restrained or required. Fed. R.
Civ. P. 65(d)(1).

In pursuing a motion pursuant to Fed. R. Civ. P. 65, a plaintiff must establish: (1) a
likelihood of success on the merits; (2) that plaintiff is likely to suffer irreparable harm without
the issuance of a preliminary injunction; (3) that the balance of the equities are in plaintiff’s
favor; and (4) that the injunction is in the public interest. West Virginia Association of Club
Owners and Fraternal Services, Inc. v. Musgrave, 553 F.3d 292, 298 (4th Cir. 2009) (citing
Winter v. Natural Resource Defense Council, Inc., 555 U.S. 7, 20 (2008)).
The Plaintiffs herein have failed to make such a showing in their Motion located in their
Complaint. Accordingly, the Court will convert the Motion to one for a Preliminary Injunction.
Plaintiffs are directed to file a brief in support of their Motion pursuant to Local Rule 7.1(C).
Once the Defendants have been served and have had an opportunity to respond, the Court will
either schedule a hearing on the motion or proceed to decide the matter.
IT IS THEREFORE ORDERED THAT Plaintiffs’ Motion for Temporary Restraining
Order is hereby converted into a Motion for Preliminary Injunction and Plaintiffs are directed to
file a brief in support of their motion in accordance with Local Rule 7.1(C).

Signed: August 22, 2017