BNSF Railway Company v. City of Edmond Oklahoma et al, No. 5:2019cv00769 - Document 39 (W.D. Okla. 2019)
Court Description: ORDER granting 14 Motion for Preliminary Injunction. Signed by Honorable Charles Goodwin on 10/30/2019. (jb)
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out by Plaintiff, the Statute sets forth exceptions to the ten-minute time limit that are not related to safety. See Okla. Stat. tit. 66, § 190(C)(2). This factor has been adequately established. See also Chamber of Commerce, 594 F.3d at 771 (“Oklahoma does not have an interest in enforcing a law that is likely constitutionally infirm. Moreover, the public interest will perforce be served by enjoining the enforcement of the invalid provisions of state law.” (internal quotation marks omitted)). E. Bond Although no party has addressed the provision of a bond, Federal Rule of Civil Procedure 65(c) requires the giving of security as a condition precedent to the granting of 5 a preliminary injunction. “However, the Court has discretion to require only a nominal bond, or no bond at all, in a case where issues of overriding public concern or important federal rights are involved.” Entm’t Merchants Ass’n, 2006 WL 2927884, at *4 (citing Cont’l Oil Co. v. Frontier Ref. Co., 338 F.2d 780, 782 (10th Cir. 1964); Davis v. Mineta, 302 F.3d 1104, 1126 (10th Cir. 2002)). Defendants will suffer no financial harm from an imposition of preliminary injunctive relief preserving the status quo (other than a speculative loss of penalties retained by the OCC). Plaintiff shall not be required to give security for this preliminary injunction. CONCLUSION For all these reasons, Plaintiff has shown a clear and unequivocal right to entry of the requested preliminary injunction. Plaintiff’s Motion for Preliminary Injunction (Doc. No. 14) is GRANTED. The preliminary injunction shall be entered by separate order. IT IS SO ORDERED this 30th day of October, 2019. 6
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