Form 2D:1 Complaint & Application for Injunctive Relief

{CAPTION - FORM 1B:1}

PLAINTIFF'S ORIGINAL COMPLAINT

& APPLICATION FOR INJUNCTIVE RELIEF

A. Parties

1. {For plaintiff designation, see FORM 2B:2.} {See O'Connor's Federal Rules, "Parties," ch. 2-D, §4.1, p. 80.}

2. {For defendant designation, see FORM 2B:2.}

B. Jurisdiction

3. {For statement of jurisdiction, see FORM 2B:3.}

C. Venue

4. {For statement of venue, see FORM 2B:4.} {SeeO'Connor's Federal Rules, "Venue," ch. 2-B, §4, p. 62; "Choosing the Court-Venue," ch. 2-G, p. 116.}

D. Facts

5. {State the facts necessary to support each claim and the request for injunctive relief, numbering each paragraph.}

E. Count 1 - {Identify claim}

6. {Plead the claim (e.g., breach of contract, fraud), numbering each paragraph.}

{ADD SECTION F IF PRELIMINARY INJUNCTION SOUGHT}

F. Request for Preliminary Injunction

7. Plaintiff will suffer irreparable injury if defendant is not enjoined while this suit is pending from {state the type of injunctive relief sought, e.g., destroying records}. {Explain why the injury is imminent and why it is irreparable.} {See Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174 F.3d 411, 417 (4th Cir. 1999); O'Connor's Federal Rules, "Irreparable injury," ch. 2-D, §2.1.1, p. 74.}

8. There is no adequate remedy at law because {explain why the legal remedy is merely illusory or why effective legal relief cannot be obtained without filing multiple lawsuits}. {See N. Cal. Power Agency v. Grace Geothermal Corp., 469 U.S. 1306, 1306, 105 S. Ct. 459, 459 (1984); Wilson v. Ill. S. Ry. Co., 263 U.S. 574, 576-77, 44 S. Ct. 203, 203-04 (1924); Winston v. Gen. Drivers, Warehousemen & Helpers Local Un. No. 89, 879 F. Supp. 719, 725 (W.D. Ky. 1995); O'Connor's Federal Rules, "No adequate remedy at law," ch. 2-D, §2.1.2, p. 75.}

9. There is a substantial likelihood that plaintiff will prevail on the merits because {explain}. {See Doran v. Salem Inn, Inc., 422 U.S. 922, 931, 95 S. Ct. 2561, 2568 (1975); United States v. Microsoft Corp., 147 F.3d 935, 943 (D.C. Cir. 1998); see O'Connor's Federal Rules, "Substantial likelihood of success," ch. 2-D, §2.1.3, p. 75.}

10. The harm faced by plaintiff outweighs the harm that would be sustained by defendant if the preliminary injunction were granted. {Elaborate.} {See Yakus v. United States,321 U.S. 414, 440, 64 S. Ct. 660, 675 (1944); Johnson v. Cal. State Bd. of Accountancy, 72 F.3d 1427, 1430 (9th Cir. 1995); O'Connor's Federal Rules, "Balance of hardships," ch. 2-D, §2.1.4, p. 76.}

11. Issuance of a preliminary injunction would not adversely affect the public interest. {Elaborate.} {See Davidoff & CIE, S.A. v. PLD Int'l Corp., 263 F.3d 1297, 1304 (11th Cir. 2001); Hoechst Diafoil, 174 F.3d at 417); O'Connor's Federal Rules, "Effect on public interest," ch. 2-D, §2.1.5, p. 76.}

12. Plaintiff is willing to {post a bond in the amount the court deems appropriate/continue the bond set by the court for the temporary restraining order}. {See O'Connor's Federal Rules, "Bond," ch. 2-D, §3.4, p. 79.}

13. Plaintiff asks the court to set {his/her/its} application for preliminary injunction for hearing at the earliest possible time and, after hearing the request, to issue a preliminary injunction against defendant. {See O'Connor's Federal Rules, "Hearing," ch. 2-D, §3.2, p. 77; "Hearing," ch. 2-D, §4.4, p. 81.}

{ADD SECTION G IF PERMANENT INJUNCTION SOUGHT}

G. Request for Permanent Injunction

14. Plaintiff asks the court to set {his/her/its} application for injunctive relief for a full trial on the issues in this application and, after the trial, to issue a permanent injunction against defendant. {See O'Connor's Federal Rules, "Permanent Injunction," ch. 2-D, §5, p. 83.}

H. Prayer

15. For these reasons, plaintiff asks that the court do the following:

a. {Describe relief sought by preliminary injunction or permanent injunction.}

b. Enter judgment for plaintiff.

c. Award costs of court.

d. Grant any other relief it deems appropriate.