State 48 Recycling Incorporated v. Janes

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 State 48 Recycling Incorporated, No. CV-22-00767-PHX-GMS

10 Plaintiff, ORDER

11 v.

12 Michael Ray Janes, et al.,

13 Defendants. 14 15 Before the Court is State 48 Recycling Inc.’s (“Plaintiff”) Expedited Motion to 16 Extend Injunction Due to Defendants’ Discovery Violations (Doc. 28). The Court ordered 17 full briefing, (Docs. 29, 32, 33), and a status conference was held on July 6, 2022 (Doc. 18 34). The parties have stipulated that the Court should grant Plaintiff’s Motion and enter a 19 preliminary injunction in this matter concerning paragraphs one and three of the previously 20 entered temporary restraining order (“TRO”) (Doc. 22), including that Defendants shall be 21 enjoined from using either the State 48 or IRSI mark to solicit customers. The parties 22 disagreed as to whether a bond should be required. As explained by Defendants, however, 23 and consistent with the TRO (Doc. 22 at 19), Defendants will suffer no harm from the entry 24 of a preliminary injunction. Because there is no risk of harm, the Court declines to require 25 a bond. See Johnson v. Couturier, 572 F.3d 1067, 1086 (9th Cir. 2009); Jorgensen v. 26 Cassiday, 320 F.3d 906, 919 (9th Cir. 2003). Accordingly, 27 IT IS HEREBY ORDERED that Plaintiff’s Expedited Motion to Extend 28 Injunction Due to Defendants’ Discovery Violations (Doc. 28) is GRANTED IN PART □□ and DENIED IN PART. The Court will issue a preliminary injunction as to only || paragraphs one and three of the temporary restraining order (Doc. 22). 3 IT IS FURTHER ORDERED that a preliminary injunction is entered against 4|| Defendants as follows: 5 1. Defendants Janes and Alva and their agents are enjoined from holding 6 themselves out as employees of Plaintiff. 7 2. Defendants Janes and Alva and their agents are enjoined from using □□□□□□□□□□□ 8 uniforms bearing the State 48 or IRSI mark to solicit business from □□□□□□□□□□□ 9 customers. 10 IT IS FURTHER ORDERED that the Court exercises its discretion and waives 11 || the requirement of a security bond accompanying this preliminary injunction. 12 Dated this 6th day of July, 2022. Wars ) 4 A Whacrsay Fotos 15 Chief United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

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