COUTURIER

ORDER GRANTING TEOHC’S MOTION FOR A PRELIMINARY INJUNCTION

I. INTRODUCTION

Before the Court is Defendant The Employee Ownership Holding Company (“TEOHC”) with a Motion for a Temporary Restraining Order and Prehminary Injunction at Docket 37. The Court has already granted a temporary restraining order pending the issuance of its decision on the request for a preliminary injunction. TEOHC seeks to enjoin Defendant Bruce Couturier and TEOHC from participating in any arbitration relating to the enforcement of an indemnification agreement which Couturier signed while he was a corporate director of TEOHC. Plaintiffs Darleen Stanton and Kelly Morrell join the Motion at Docket 42.

Bruce Couturier opposes at Docket 48. He argues that any injunction prohibiting arbitration would violate the Anti-Injunction Act, 28 U.S.C. § 2283 . He also argues that TEOHC and Plaintiffs have established neither a likelihood of success on the merits nor irreparable harm, and that the balance of hardships and the public interest weigh against issuance of the injunction.

II. BACKGROUND

This case arises out of the same set of facts as the Johnson v. Couturier litigation, case no. 2:05-ev-02046. Clair…