Casco, Inc. v. John Deere Construction Company & Forestry Company

Filing 29

OPINION AND ORDER: Denying 11 Motion for Preliminary Injunction; Noted 27 Motion In Compliance and Setting Case Schedule. Signed by Judge Gustavo A. Gelpi on 6/24/2013. (TC) Modified on 6/25/2013 as to title (er).

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

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CASCO, INC.,

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Plaintiff,

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v.

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JOHN DEERE CONSTRUCTION
COMPANY & FORESTRY COMPANY,

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Defendant.

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Civil No. 13-1325 (GAG)

OPINION AND ORDER

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Presently before the court is the joint motion filed by the parties (Docket No. 27) in response

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to the court’s request to consolidate the requests for injunctive relief and trial on the merits (Docket

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No. 26). After reviewing the joint motion, the court DENIES the motion for preliminary injunction

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and places the case on a fast-track to determine the merits.

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In this case, Plaintiff only seeks a preliminary injunction until trial on the merits. Plaintiff

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does not seek a permanent injunction as prospective relief. “A district court faced with a motion for

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a preliminary injunction must weigh four factors: ‘(1) the plaintiff’s likelihood of success on the

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merits; (2) the potential for irreparable harm in the absence of an injunction; (3) whether issuing an

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injunction will burden the defendants less than denying an injunction would burden the plaintiffs;

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and (4) the effect, if any, on the public interest.’” Swarovski Aktiengesellschaft v. Bldg. No. 19,

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Inc., 704 F.3d 44, 48 (1st Cir. 2013) (quoting United States v. Weikert, 504 F.3d 1, 5 (1st Cir.

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2007)). Because Plaintiff does not seek permanent equitable relief, the court finds an accelerated

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trial schedule will alleviate the need to issue a preliminary injunction. The proposed preliminary

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injunction will only operate from the time of its issuance until the conclusion of trial. As proposed

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by the parties, the court would not hold a preliminary injunction hearing until late August, then hold

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trial sometime in April, 2014. (See Docket No. 27 at 5-6.) Under this time-line, there is the

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potential of Plaintiff suffering irreparable harm during the proposed ten-month pendency of this

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matter. But the court envisions a much shorter time period for trial and believes that the fast-track

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schedule will reduce any concern of irreparable harm.

Civil No. 13-1325 (GAG)
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The benefits of this schedule are that the parties will receive a swift resolution on the merits

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of the claims, Plaintiff will have the jury trial it demands, and the court will not have to grapple with

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evaluating differing evidentiary standards. Finally, the court is concerned that if it resolves the

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motion for preliminary injunction quickly, and then grants and extended period for discovery, the

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parties may find themselves in a suspended state. One party will enjoy the benefits of the injunctive

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relief, a judicially enforced contractual relationship. That party may not be motivated to quickly

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complete discovery. Alternatively, the party not befitting from the preliminary injunction

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determination may want to quickly proceed to the merits.

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Therefore, the court orders the parties to follow this schedule:
C

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Rule 26 Initial Disclosures, including Rule 26(a)(2)(A) disclosures due by July 15,
2013.

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C

Expert reports due August 15, 2013.

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Fact discovery completed by August 30, 2013.

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Expert discovery finalized by September 1, 2013.

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C

Dispositive motion deadline September 20, 2013.

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Trial to begin November 2013.

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Pursuant to the opinion and analysis above, the court DENIES the motion for preliminary

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injunction (Docket No. 11). The parties shall follow the trial schedule above, which has been fast-

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tracked to quickly resolve the merits of the case. If the parties agree to another timetable, the court

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will consider the same. Also, the parties may want to revisit the matter of consenting to proceed

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before a Magistrate Judge.

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SO ORDERED.

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In San Juan, Puerto Rico this 24th day of June 2013.

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s/Gustavo A. Gelpí

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GUSTAVO A. GELPI
United States District Judge

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