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Antonio Leonard Tnt Productions, LLC v. Goosen-Tutor Promotions, LLC

United States District Court, Fifth Circuit

December 16, 2013

ANTONIO LEONARD TNT PRODUCTIONS, LLC, Plaintiff,
v.
GOOSEN-TUTOR PROMOTIONS, LLC, et al., Defendants.

ORDER

LEE H. ROSENTHAL, District Judge.

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 ...


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