MOTION FOR PRELIMINARY INJUNCTION

IN THE [COURT NAME]

[COUNTY/DISTRICT], [STATE]

[PLAINTIFF NAME],

Plaintiff,

v.

[DEFENDANT NAME(S)],

Defendant(s).

Case No.: _____________________

PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, respectfully moves this Court pursuant to [Federal Rule of Civil Procedure 65 / STATE RULE] for entry of a Preliminary Injunction against Defendant(s) [DEFENDANT NAME(S)] ("Defendant(s)"). In support of this Motion, Plaintiff states as follows:

I. INTRODUCTION

1. Plaintiff seeks a preliminary injunction to [BRIEFLY STATE WHAT PLAINTIFF SEEKS - e.g., enforce a non-compete agreement, prevent misappropriation of trade secrets, enjoin breach of contract, prevent dissipation of assets].

2. Preliminary injunctive relief is warranted because: (1) Plaintiff is likely to succeed on the merits of [his/her/its] claims; (2) Plaintiff will suffer irreparable harm absent injunctive relief; (3) the balance of hardships favors Plaintiff; and (4) an injunction is in the public interest.

3. This Motion is supported by the accompanying Memorandum of Law, the Declaration(s) of [DECLARANT NAME(S)], and the exhibits attached thereto.

II. STATEMENT OF FACTS

A. Background

4. [PROVIDE RELEVANT BACKGROUND FACTS]

5. [DESCRIBE THE PARTIES AND THEIR RELATIONSHIP]

6. [DESCRIBE ANY RELEVANT AGREEMENTS]

B. Defendant's Wrongful Conduct

7. [DESCRIBE THE CONDUCT THAT GIVES RISE TO THE NEED FOR INJUNCTIVE RELIEF]

8. [PROVIDE SPECIFIC FACTS WITH DATES AND DETAILS]

9. [EXPLAIN THE URGENCY AND NEED FOR IMMEDIATE RELIEF]

C. Irreparable Harm

10. [DESCRIBE THE IRREPARABLE HARM PLAINTIFF IS SUFFERING OR WILL SUFFER]

11. [EXPLAIN WHY MONETARY DAMAGES ARE INADEQUATE]

III. LEGAL STANDARD

12. To obtain a preliminary injunction, a plaintiff must demonstrate: (1) a likelihood of success on the merits; (2) a likelihood of irreparable harm in the absence of preliminary relief; (3) that the balance of equities tips in the plaintiff's favor; and (4) that an injunction is in the public interest. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008).

13. [Include applicable state or circuit-specific standard if different]

IV. ARGUMENT

A. Plaintiff Is Likely to Succeed on the Merits

14. Plaintiff is likely to succeed on the merits of [his/her/its] claims because:

1. [CLAIM 1 - e.g., Breach of Contract]

15. [EXPLAIN WHY PLAINTIFF WILL LIKELY PREVAIL ON THIS CLAIM]

a. [Element 1]: [Explain how it is satisfied]

b. [Element 2]: [Explain how it is satisfied]

c. [Element 3]: [Explain how it is satisfied]

16. [CITE SUPPORTING CASE LAW]

2. [CLAIM 2 - e.g., Trade Secret Misappropriation]

17. [EXPLAIN WHY PLAINTIFF WILL LIKELY PREVAIL ON THIS CLAIM]

18. [CITE SUPPORTING CASE LAW]

3. [CLAIM 3 - e.g., Breach of Fiduciary Duty]

19. [EXPLAIN WHY PLAINTIFF WILL LIKELY PREVAIL ON THIS CLAIM]

20. [CITE SUPPORTING CASE LAW]

B. Plaintiff Will Suffer Irreparable Harm Absent Injunctive Relief

21. Plaintiff will suffer irreparable harm if this Court does not grant injunctive relief because:

a. ☐ Loss of Trade Secrets/Confidential Information: Once disclosed, trade secrets cannot be made secret again. The continuing use and disclosure of Plaintiff's trade secrets constitutes irreparable harm. [CITE: e.g., FMC Corp. v. Taiwan Tainan Giant Indus. Co., 730 F.2d 61, 63 (2d Cir. 1984)]

b. ☐ Loss of Customer Relationships/Goodwill: The loss of established customer relationships and goodwill is difficult to quantify and constitutes irreparable harm. [CITE]

c. ☐ Violation of Contractual Rights: The breach of [non-compete agreement / exclusivity provision] causes ongoing harm that cannot be adequately remedied by damages alone. [CITE]

d. ☐ Competitive Harm: Defendant's conduct is causing Plaintiff to lose competitive advantage that cannot be recaptured through monetary damages. [CITE]

e. ☐ Dissipation of Assets: There is a risk that Defendant will dissipate assets, rendering any eventual judgment uncollectible. [CITE]

f. ☐ Ongoing Harm: The harm is continuing and will worsen without injunctive relief.

22. Money damages are inadequate to remedy Plaintiff's harm because [EXPLAIN - e.g., damages are difficult to calculate, harm is ongoing, lost opportunities cannot be recovered, trade secrets once disclosed cannot be made secret again].

23. [CITE CASES SUPPORTING IRREPARABLE HARM IN SIMILAR CIRCUMSTANCES]

C. The Balance of Hardships Tips in Plaintiff's Favor

24. The balance of hardships tips decidedly in Plaintiff's favor because:

a. Harm to Plaintiff Without Injunction: [DESCRIBE]

b. Harm to Defendant With Injunction: [DESCRIBE - typically minimal because injunction only requires defendant to comply with legal obligations]

25. Defendant will suffer little or no hardship from being required to [DESCRIBE WHAT INJUNCTION REQUIRES - e.g., comply with contractual obligations, cease using misappropriated trade secrets, refrain from competing in violation of agreement].

26. [Any hardship to Defendant is self-inflicted because Defendant [voluntarily entered into the agreement / wrongfully took Plaintiff's property / violated legal duties].]

27. [CITE CASES DISCUSSING BALANCE OF HARDSHIPS]

D. The Public Interest Favors Granting the Injunction

28. The public interest favors granting the injunction because:

a. ☐ The public has an interest in the enforcement of valid contracts. [CITE]

b. ☐ The public has an interest in protecting trade secrets and encouraging innovation. [CITE]

c. ☐ The public has an interest in preventing unfair competition. [CITE]

d. ☐ The public has an interest in protecting [DESCRIBE]. [CITE]

29. Granting the injunction will not harm the public interest.

30. [CITE CASES DISCUSSING PUBLIC INTEREST]

V. THE PROPOSED INJUNCTION

31. Plaintiff respectfully requests that this Court issue a preliminary injunction:

a. ☐ Enjoining Defendant from [SPECIFIC CONDUCT TO BE ENJOINED]:

_______________________________________________________________

_______________________________________________________________

b. ☐ Enjoining Defendant from [SPECIFIC CONDUCT TO BE ENJOINED]:

_______________________________________________________________

c. ☐ Requiring Defendant to [SPECIFIC AFFIRMATIVE ACTION]:

_______________________________________________________________

d. ☐ [OTHER SPECIFIC RELIEF]:

_______________________________________________________________

32. The proposed injunction is narrowly tailored to address the specific harm and does not impose unnecessary burdens on Defendant.

VI. BOND

33. Plaintiff is prepared to post a bond in an amount to be determined by the Court as security for any damages Defendant may incur if the injunction is wrongfully issued, as required by [Federal Rule of Civil Procedure 65(c) / STATE RULE].

34. Plaintiff respectfully requests that the bond be set at $[AMOUNT] [or a nominal amount], which is sufficient to cover any potential damages to Defendant, given that [EXPLAIN WHY BOND SHOULD BE LOW - e.g., defendant is merely being required to comply with contractual obligations, risk of wrongful issuance is minimal].

VII. REQUEST FOR EXPEDITED HEARING

35. Given the urgency of the circumstances, Plaintiff respectfully requests that the Court set an expedited hearing on this Motion for Preliminary Injunction.

36. Expedited consideration is warranted because [EXPLAIN URGENCY - e.g., ongoing harm, imminent irreparable injury, time-sensitive circumstances].

VIII. CONCLUSION

WHEREFORE, Plaintiff respectfully requests that this Court:

1. Set this Motion for an expedited hearing;

2. Enter a Preliminary Injunction in the form of the proposed order attached hereto as Exhibit ___;

3. Set a bond in the amount of $[AMOUNT] or such other amount as the Court deems appropriate; and

4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

Date: _____________________

_______________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
[TELEPHONE]
[FAX]
[EMAIL]

Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing Motion for Preliminary Injunction, together with all supporting documents, was served upon all counsel of record by [personal service / electronic filing / certified mail / email] as follows:

[OPPOSING COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[EMAIL]

_______________________________
[ATTORNEY NAME]

SUPPORTING DOCUMENTS CHECKLIST

☐ Memorandum of Law in Support of Motion for Preliminary Injunction
☐ Declaration of [PLAINTIFF/REPRESENTATIVE] with Exhibits
☐ Declaration of [ADDITIONAL WITNESS] (if applicable)
☐ Declaration of [EXPERT] (if applicable)
☐ Proposed Order Granting Preliminary Injunction
☐ [Agreement at Issue - e.g., Non-Compete Agreement, NDA]
☐ Evidence of Wrongful Conduct
☐ Evidence of Irreparable Harm

MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

[Expand on the introduction from the motion, providing more detailed argument]

II. STATEMENT OF FACTS

[Provide detailed factual background with citations to declarations and exhibits]

III. ARGUMENT

A. Legal Standard

[Detailed discussion of applicable legal standard with citations]

B. Plaintiff Is Likely to Succeed on the Merits

[Detailed argument on each claim with case citations]

C. Plaintiff Will Suffer Irreparable Harm

[Detailed argument with case citations specific to the type of harm]

D. The Balance of Equities Favors Plaintiff

[Detailed argument comparing hardships]

E. The Public Interest Supports an Injunction

[Detailed argument on public policy considerations]

IV. CONCLUSION

[Summarize arguments and request relief]

[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION

IN THE [COURT NAME]

[COUNTY/DISTRICT], [STATE]

[PLAINTIFF NAME],

Plaintiff,

v.

[DEFENDANT NAME(S)],

Defendant(s).

Case No.: _____________________

ORDER GRANTING PRELIMINARY INJUNCTION

This matter having come before the Court on Plaintiff's Motion for Preliminary Injunction, and the Court having considered the motion, the supporting declarations and exhibits, [any opposition filed by Defendant,] and the arguments of counsel [at the hearing held on ___________], and good cause appearing therefor,

IT IS HEREBY ORDERED that:

1. Plaintiff's Motion for Preliminary Injunction is GRANTED.

2. Defendant [DEFENDANT NAME(S)], and [his/her/its/their] agents, servants, employees, attorneys, and all persons acting in concert or participation with [him/her/it/them], are hereby ENJOINED AND RESTRAINED from:

a. [SPECIFIC PROHIBITED CONDUCT 1]:
________________________________________________________________

b. [SPECIFIC PROHIBITED CONDUCT 2]:
________________________________________________________________

c. [SPECIFIC PROHIBITED CONDUCT 3]:
________________________________________________________________

3. Defendant [DEFENDANT NAME(S)] is hereby ORDERED to:

a. [SPECIFIC REQUIRED ACTION 1]:
________________________________________________________________

b. [SPECIFIC REQUIRED ACTION 2]:
________________________________________________________________

4. This Preliminary Injunction shall remain in effect until [further order of this Court / final judgment in this action / specific date].

5. Plaintiff shall post a bond in the amount of $_____________ as security for any damages Defendant may incur if this injunction is later found to have been wrongfully issued.

IT IS SO ORDERED.

Dated: _____________________

_______________________________
[JUDGE NAME]
[COURT]

STATE-SPECIFIC NOTES

California

• Cal. Code Civ. Proc. 526-527 governs preliminary injunctions
• Two-pronged test: (1) likelihood of prevailing on merits AND (2) interim harm to plaintiff outweighs harm to defendant
• Bond required (CCP 529)
• Ex parte TRO available under CCP 527

Texas

• Tex. Civ. Prac. & Rem. Code 65.011 governs injunctions
• Must show: (1) cause of action; (2) probable right to relief; (3) probable, imminent, irreparable injury
• Bond required; injunction without bond is void
• Tex. R. Civ. P. 680-693

Florida

• Fla. R. Civ. P. 1.610 governs temporary injunctions
• Must show: (1) likelihood of irreparable harm; (2) unavailability of adequate remedy at law; (3) substantial likelihood of success; (4) injunction will serve public interest
• Bond may be required

New York

• CPLR 6301 governs preliminary injunctions
• Must show: (1) likelihood of success; (2) irreparable injury absent injunction; (3) balance of equities in movant's favor
• Undertaking (bond) required (CPLR 6312)

PRACTICE NOTES

1. Act Promptly: Delay undermines the claim of irreparable harm. File for preliminary injunction as soon as possible after learning of the wrongful conduct.

2. Declarations: Support the motion with detailed declarations from persons with personal knowledge. Attach relevant documents as exhibits.

3. Specificity: The proposed injunction must be specific in describing the conduct to be enjoined. Vague injunctions may be unenforceable.

4. Bond: Be prepared to post a bond. Research the typical bond amounts in your jurisdiction for similar injunctions.

5. Notice: Preliminary injunctions generally require notice and a hearing (unlike TROs, which may be ex parte in limited circumstances).

6. Evidentiary Hearing: Be prepared for the court to hold an evidentiary hearing. Have witnesses ready to testify.

7. Status Quo: Courts generally seek to preserve the status quo pending final resolution. Frame the requested relief accordingly.

8. Burden of Proof: The movant bears the burden of proof. Typically preponderance of the evidence, though some courts require clear and convincing evidence for certain elements.

9. Sliding Scale: Some circuits apply a "sliding scale" or "serious questions" approach where a stronger showing on one factor can compensate for a weaker showing on another. Know your circuit's approach.

10. Appeal: Preliminary injunction orders are immediately appealable as interlocutory orders in most jurisdictions.