Rosenbach

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EMPROS CAPITAL LLC, Case No. 3:20-cv-06788-WHO

Plaintiff,

ORDER ON PRELIMINARY

v. INJUNCTION; ADMINISTRATIVE

MOTIONS TO SEAL

GARY ROSENBACH, Re: Dkt. Nos. 2, 6, 10, 11 Defendant.

Plaintiff Empros Capital LLC (“Empros”) moves for a preliminary injunction to enjoin an arbitration commenced against it by defendant Gary Rosenbach. Rosenbach contends that the parties agreed to a sale of stocks that Empros is not honoring. Empros argues that no contract, including an agreement to arbitrate, was ever formed. I agree with Empros that, on this record, the parties never agreed to arbitrate, so it has shown a likelihood of success on the merits. But since the arbitration has now been withdrawn, there is no threat of irreparable injury. The motion is DENIED.1 BACKGROUND The facts at this stage are drawn from Empros’s verified complaint and other materials supported by sworn declaration submitted by the…