The Marshall County Coal Company et al v. Oliver et al

Filing 21

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Robert E. Murray, Murray Energy Corporation, The Harrison County Coal Company, The Marion County Coal Company, The Marshall County Coal Company, The Monongalia County Coal Company, The Ohio County Coal Company. (Attachments: # 1 Memorandum of Law in Support, # 2 Affidavit - Heather Santini, # 3 Affidavit - John Klayko, # 4 Affidavit - Robert E. Murray)(kac) (Motion was filed in Marshall County Circuit Court on 6/28/2017) (Judge Bailey's Chambers Notified)

Case 5:17-cv-00099-JPB Document 21 Filed 06/30/17 Page 1 of 1 PageID #: 874

IN THE CIRCUIT COURT OF MARSHALL COUNTY, WEST VIRGINIA
THE MARSHALL COUNTY COAL COMPANY,
THE MARION COUNTY COAL COMPANY,
THE MONONGALL4 COUNTY COAL COMPANY,
THE HARRISON COUNTY COAL COMPANY,
THE OHIO COUNTY COAL COMPANY,
MURRAY ENERGY CORPORATION, and
ROBERT E. MURRAY,

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Civil Action No. -l24..o
Judge Jeffrey Crie,

Plaintiffs,

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V.

(V

JOHN OLIVER, CHARLES WILSON,
PARTIALLY IMPORTANT PRODUCTIONS, LLC,
HOME BOX OFFICE, INC., TIME WARNER, INC.,
and DOES 1 through 10.

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V

Defendants.
PLAiNTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJuNCTION

The above-captioned Plaintiffs hereby move (the “Motion”) pursuant to Rule 65 of the
West Virginia Rules of Civil Procedure for entry of a temporary restraining order, preliminary
injunction, and “gag order” to restrain Defendants, during .the pendency of this litigation, from (i)
re-broadcasting the Defamatory Statements that are the subject of Plaintiffs’ Complaint, and (ii)
publicly discussing the substance of this litigation. This relief is necessary to prevent further
irreparable harm to Plaintiffs and their employees, and to preserve Plaintiffs’ ability to obtain
justice from a jury of impartial peers in this Court.

In support of this Motion, Plaintiffs

respectfully submit the accompanying Memorandum of Law in Support of P!ainhffs’ Motion for
a Temporary Restraining Order and Preliminary Injunction and the (i) AffIdavit of Robert E.
Murray; (ii) Affidavit ofJohn Klayko; and (iii) AffIdavit ofHeather Santini. Due to the imminent

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