Chapter 6 - FORM 6-2 : BRIEF SUPPORTING MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION—WITH NOTICE

• Jurisdiction: Colorado

Form 6-2: Brief Supporting Motion for Temporary Restraining Order and Preliminary Injunction—With Notice

District Court, __________ County, Colorado Court Address:	▲ COURT USE ONLY ▲
Plaintiff(s): v. Defendant(s):
Attorneys for Plaintiff (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #:	Case Number: Div.: Ctrm.:
BRIEF IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Pursuant to Rule 65 of the Colorado Rules of Civil Procedure, Plaintiff [name of plaintiff] submits its Brief in support of its Motion for Temporary Restraining Order and Preliminary Injunction. For the reasons set forth below, Plaintiff seeks to enjoin Defendant [name of defendant] ("Defendant") from [activity sought to be enjoined].

BACKGROUND

Plaintiff incorporates by reference all of the factual allegations set forth in its verified Complaint and its Motion for Temporary Restraining Order and Preliminary Injunction, and will not recite the same below.

ARGUMENT

It is well established that a temporary restraining order and preliminary injunction are appropriate under C.R.C.P. 65 where the plaintiff can demonstrate the following:

a. a reasonable probability of success on the merits;
b. danger of a real, immediate, and irreparable injury unless the injunction issues;
c. that there is no plain, speedy, and adequate remedy at law;
d. the injunction, if issued, would not be adverse to the public interest;
e. the threatened injury to the moving party outweighs whatever damage the proposed injunction may cause the opposing party; and
f. the injunction will preserve the status quo pending trial on the merits.

C.R.C.P. 65; see, e.g., City of Colorado Springs v. Blanche, 761 P.2d 212 (Colo. 1988); Rathke v. MacFarlane, 648 P.2d 648 (Colo. 1982); Gold Messenger, Inc. v. McGuay, 937 P.2d 907, 909 (Colo. App. 1997).

As more fully briefed below, Plaintiff can satisfy the elements for a temporary restraining order and preliminary injunction pursuant to C.R.C.P. 65. The facts of this case satisfy each of these prerequisites to the issuance of a temporary restraining order and preliminary injunction.

I. PLAINTIFF WILL PREVAIL ON THE MERITS.

A party seeking a temporary restraining order and preliminary injunctive relief need not conclusively prove its entire case, but rather must make a substantial showing of likelihood of success on the merits. See Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Kozeny, 115 F. Supp. 2d 1231, 1240 (D...