Antonio Leonard TNT Productions, LLC v. Goossen-Tutor Promotions, LLC et al

Filing 9

ORDER entered DENYING 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Scheduling Conference set for 12/19/2013 at 02:30 PM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANTONIO LEONARD TNT
PRODUCTIONS, LLC,
Plaintiff,
VS.
GOOSEN-TUTOR PROMOTIONS, LLC,
et al.,
Defendants.

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CIVIL ACTION NO. H-13-3486

ORDER
On December 2, 2013, plaintiff Antonio Leonard TNT Productions, LLC filed a motion for
a temporary restraining order and for a preliminary injunction against defendant Goosen-Tutor
Promotions, LLC. (Docket Entry No. 3) After reviewing the parties’ submissions, the court denies
the motion for a temporary restraining order (“TRO”).
To obtain a TRO, a plaintiff must establish “(1) a substantial likelihood of success on the
merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the
threatened injury if the injunction is denied outweighs any harm that will result if the injunction is
granted, and (4) that the grant of an injunction will not disserve the public interest.” Janvey v.
Alguire, 647 F.3d 585, 595 (5th Cir. 2011); Nichols v. Alcatel USA, Inc., 532 F.3d 364, 372 (5th Cir.
2008). A TRO is an extraordinary remedy. Planned Parenthood of Houston & S.E. Tex. v. Sanchez,
403 F.3d 324, 329 (5th Cir. 2005). The plaintiff’s filings do not merit its burden of persuasion on
all four of these requirements. The motion for a TRO is denied.
The parties must appear for a hearing on Thursday, December 19, 2013 at 2:30 p.m. in

courtroom 11-B to set a schedule for the resolution of the application for a preliminary injunction.
The court reserves decision on defendant’s motion to dismiss (Docket Entry No. 5) and request for
oral argument on that motion (Docket Entry No. 6) pending the plaintiff’s responses.

SIGNED on December 16, 2013, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge