CB Distributors, Inc. v. Michelle Leonhart

Filing 12

ORDER denying 3 Motion for Writ of Mandamus; denying 2 Motion for Preliminary Injunction. Signed by Chief Judge Barbara B. Crabb on 7/14/09. (vob)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------C B DISTRIBUTORS, INC., ORDER Plaintiff, 0 9 - cv -4 0 2 - b b c v. M IC H EL LE LEONHART, in her official capacity as Administrator o f the United States Drug Enforcement Administration and UNITED STATES DRUG ENFORCEMENT A D M I N I S T R A T IO N , D efendan ts. --------------------------------------------Plaintiff CB Distributors, Inc. has filed a motion for a preliminary injunction and a m o tio n for a writ of mandamus in which it seeks the return of asthma medication containing ephedrin e that it says defendants seized unlawfully. Plaintiff's motion must be denied w i th ou t prejudice because plaintiff failed to follow this court's Procedure to Be Followed on M otio ns for Preliminary Injunctive Relief, which was provided to plaintiff when it filed its com plaint. In particular, plaintiff failed to file any proposed findings of fact in support of its m otio n. Procedure, II.A. Once plaintiff submits a properly supported motion, I will set a new briefing schedule and hearing, if necessary.

1

OR DER IT IS ORDERED that plaintiff CB Distributors, Inc.'s motion for a preliminary injunction and motion for a writ of mandamus, dkt. ##2-3, are DENIED without prejudice to plaintiff's refiling them after complying with this court's procedure for obtaining prelim inary injunctive relief.

E n tered this 14 t h day of July, 2009. B Y THE COURT: __________________________________ B AR B AR A B. CRABB D istrict Judge

2