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Pacific Marine Maintenance Co. v. Automotive Industries Pension Plan - Document No. 6

Pacific Marine Maintenance Co. v. Automotive Industries Pension Plan - Document No. 6

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Published by Justia.com
ORDER DENYING PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE RE: ISSUANCE OF PRELIMINARY INJUNCTION. Signed by Judge Maxine M. Chesney on September 5, 2007. (mmclc1, COURT STAFF) (Filed on 9/5/2007) 3:2007cv04584 California Northern District Court
ORDER DENYING PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND FOR ORDER TO SHOW CAUSE RE: ISSUANCE OF PRELIMINARY INJUNCTION. Signed by Judge Maxine M. Chesney on September 5, 2007. (mmclc1, COURT STAFF) (Filed on 9/5/2007) 3:2007cv04584 California Northern District Court

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Published by: Justia.com on Apr 24, 2008
Copyright:Public Domain

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10/14/2013

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1The complaint, which focuses on the relief sought, is vague as to the precise nature

of plaintiff\u2019s substantive claim. Although plaintiff refers to a \u201cviolation of ERISA \u00a7 4301,\u201d
such section merely provides for a cause of action where one is \u201cadversely affected by the
act or omission of any party under [ERISA].\u201d See 29 U.S.C. \u00a7 1451(a)(1). For purposes of
the instant application, the Court has interpreted the complaint as a claim that defendant
has improperly charged plaintiff with having withdrawn from the subject plan.

UnitedState
sDistrictCo
urt
FortheNorth
ernDistrict
ofCaliforni
a
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
PACIFIC MARINE MAINTENANCE CO.,
Plaintiff,
v.
AUTOMOTIVE INDUSTRIES PENSION
PLAN,
Defendant
/
No. C-07-4584 MMC

ORDER DENYING PLAINTIFF\u2019S
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND FOR
ORDER TO SHOW CAUSE RE:
ISSUANCE OF PRELIMINARY
INJUNCTION

Before the Court is plaintiff\u2019s \u201cApplication for Temporary Restraining Order and Order to Show Cause Re Issuance of Preliminary Injunction,\u201d filed September 5, 2007. Having reviewed the papers submitted in support of the application, the Court hereby DENIES the application for the following reasons:

1. Plaintiff has not submitted proof that plaintiff has provided defendant with notice
of the instant application, nor has plaintiff set forth any reason why defendant should not be
entitled to notice. See Fed. R. Civ. P. 55(b).

2. Even assuming plaintiff has established a likelihood of success on the merits of
its claim or, alternatively, has raised serious questions going to the merits of its claim,1 see
Case 3:07-cv-04584-MMC Document 6
Filed 09/06/2007 Page 1 of 2
Pacific Marine Maintenance Co. v. Automotive Industries Pension Plan
Doc. 6
Dockets.Justia.com

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