UNITED STATES DISTRICT COURT FOR THE ____________ DISTRICT OF __________
JOHN PLAINTIFF, et al., Plaintiffs, vs.
DEFENDANT COMPANY INC., et al., Defendants.
PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
Plaintiffs hereby move pursuant to Federal Rule of Civil Procedure 65 for a preliminary injunction prohibiting Defendants from engaging in [insert conduct] until this Court has an opportunity to issue a final judgment on the merits.
Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm Plaintiffs are likely to suffer if the preliminary injunction is denied outweighs the harm that Defendants are likely to suffer as a result of the preliminary injunction; and (4) the public interest favors issuing the preliminary injunction.
[Insert a high-level description of defendants’ conduct and why a preliminary injunction is necessary to prevent plaintiffs from suffering irreparable harm.]
[Insert a discussion of facts that sets out, in a narrative fashion, everything plaintiffs will rely on in their arguments below. For each fact, make sure to cite the relevant affidavit/declaration paragraph or exhibit to support it.]
[Insert paragraphs setting forth circuit or state court precedent governing the standards for issuing preliminary injunctions. See Point of Law.]
I. The Plaintiffs Have Made the Required Showing for a Preliminary Injunction
A. Plaintiffs Have Demonstrated a Likelihood of Success on the Merits
[Insert arguments demonstrating why plaintiffs are likely to establish each defendant’s liability for each claim.]
B. Plaintiffs Are Likely to Suffer Irreparable Harm in the Absence of Preliminary Relief
[Insert arguments demonstrating the harm that defendants will cause in the absence of a preliminary injunction.]
C. The Balance of Equities Favors the Plaintiffs
[Insert arguments to demonstrate that the preliminary injunction will cause less harm to defendants than plaintiffs will suffer if the preliminary injunction does not issue.]
D. The Issuance of a Preliminary Injunction is in the Public Interest
[Insert arguments demonstrating why a preliminary injunction would be consonant with the public interest.]
II. The Bond Amount Is Reasonable
[Insert arguments explaining how the amount of security proposed is sufficient to compensate defendants if they are wrongfully enjoined.]
III. Plaintiffs Should Be Provided with an Opportunity to Conduct Expedited Discovery
[If necessary, insert argument demonstrating why additional discovery is needed prior to the preliminary injunction hearing.]
For the foregoing reasons, this Court should grant the injunctive relief Plaintiffs request, approve security in the amount of [AMOUNT], provide Plaintiffs with an opportunity to conduct expedited discovery, and order such further relief as this Court deems appropriate.
Respectfully submitted, _______________________________
[NAME(S), Bar No. (if applicable)]
Attorneys for Plaintiffs [NAMES]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on [DATE], a true and correct copy of the foregoing has been served on [PARTIES] via [METHOD].
Attorney for Plaintiffs [NAMES]