Laury

Laury v. LoBue

Good Law
United States District Court, Eastern District of CaliforniaDecember 17, 20201:20-cv-01463California362 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM G. LAURY, No. 1:20-cv-01463-DAD-SKO Plaintiff, v. ORDER SETTING BRIEFING SCHEDULE

REGARDING PLAINTIFF’S REQUEST FOR

VINCENT HOWARD LOBUE, et al., INJUNCTIVE RELIEF Defendants. (Doc. No. 1)

17 On October 15, 2020, plaintiff Tom G. Laury filed a complaint for injunctive relief against defendants Vincent Howard LoBue and Christine Cecelia LoBue asserting a claim under the Perishable Agricultural Commodities Act (“PACA”). (Doc. No. 1.) Defendants filed an answer on December 7, 2020. (Doc. No. 8.) It has recently come to the court’s attention that plaintiff’s complaint included what appears to be a request for preliminary injunctive relief. Specifically, defendant alleges that “[a]ssets are being dissipated and hidden [and he] feels [he] need[s] injunction relief to preserve these assets.” (Doc. No. 1 at 5.) The court notes that district courts in the Ninth Circuit have regularly found TROs and…

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