Golden et al v. Clear Advantage Marketing et al, No. 2:2015cv05769 - Document 20 (E.D. La. 2015)
Court Description: ORDER AND REASONS denying 17 Motion for Temporary Restraining Order. Signed by Judge Sarah S. Vance on 12/22/15. (jjs)
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Golden et al v. Clear Advantage Marketing et al Doc. 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GLENN GOLDEN d/ b/ a G2 DATABASE MARKETING and G2 DATABASE MARKETING, INC. CIVIL ACTION VERSUS NO: 15-5769 CLEAR ADVANTAGE MARKETING, ET AL. ORD ER SECTION: R(5) Plaintiffs Glenn Golden and G2 Database Marketing, Inc. m ove the Court to issue a tem porary restraining order and to set a prelim inary injunction hearing.1 Plaintiffs argue that non-resident defendants Mark McKam ey, Tim Bollm an, and Clear Advantage Marketing, Inc.2 have unlawfully infringed plaintiffs’ copyrighted “casino database m arketing software” by directly copying, with little m odification, plaintiffs’ original work and m arketing the software to casinos in Nevada, Iowa, and elsewhere.3 To obtain a tem porary restraining order, the m oving party m ust show: (1) there is a substantial likelihood that the m ovant will prevail on the m erits; (2) there is a substantial threat that the m ovant will suffer irreparable harm if the court denies the injunctive relief; (3) the threatened injury to the m ovant 1 R. Doc. 17. 2 See id. 3 See R. Doc. 17-1; R. Doc. 8. Dockets.Justia.com outweighs the threatened harm to the defendant; and (4) the court’s granting injunctive relief will not disserve the public interest. Clark v. Prichard, 812 F.2d 991, 993 (5th Cir. 1987). A tem porary restraining order is an “extraordinary rem edy” that should not be granted unless the m ovant has “clearly carried the burden of persuasion on all four requirem ents.” See Planned Parenthood Ass’n of Hidalgo Cty . Tex., Inc. v. Suehs, 692 F.3d 343, 348 (5th Cir. 20 12). Because there are issues regarding the existence of personal jurisdiction as to these defendants, the Court DENIES plaintiffs’ m otion for a tem porary restraining order. New Orleans, Louisiana, this _ _ 22nd_ _ day of Decem ber, 20 15. ___ ___________________________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 2
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