Morgan Stanley Smith Barney LLC v. Clouse

Filing 14

ORDER denying plaintiff's 3 Motion for TRO by Judge Richard A Jones.(RS)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MORGAN STANLEY SMITH
BARNEY, LLC,

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Plaintiff,

Case No. C17-203-RAJ
ORDER

v.
KEVIN M. CLOUSE,

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Defendant.

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This matter comes before the Court on Plaintiff Morgan Stanley Smith Barney,

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LLC’s (“Morgan Stanley”) Motion for Temporary Restraining Order (“TRO”). Dkt. # 3.

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For the reasons that follow, the Court DENIES Morgan Stanley’s motion.

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A TRO is “extraordinary remedy that may only be awarded upon a clear showing

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that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555

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U.S. 7, 22 (2008).1 To obtain a TRO, Morgan Stanley must show that (1) it is likely to

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succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of

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preliminary relief, (3) the balance of equities tips in its favor, and (4) an injunction is in

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the public interest. Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir. 2009).

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Having reviewed the motion, the complaint, the submissions of the parties, the
relevant portions of the record, and the applicable, law, the Court concludes that Morgan
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The standard for issuing a TRO is identical to the standard for issuing a preliminary
injunction. New Motor Vehicle Bd. of California v. Orrin W. Fox Co., 434 U.S. 1345, 1347
(1977).

ORDER – 1

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Stanley has not carried its burden to establish these elements. In particular, Morgan
Stanley has not established a likelihood of success on the merits, irreparable harm in the
absence of a TRO, or that the balance of equities tips in its favor. Accordingly, the Court
DENIES Morgan Stanley’s Motion for TRO. Dkt. # 3.

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DATED this 10th day of February, 2017.

A

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The Honorable Richard A. Jones
United States District Judge

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ORDER – 2