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16-285 - Rhino Metals, Inc. v. Kodiak Safe Company, LLC


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16-285 - Rhino Metals, Inc. v. Kodiak Safe Company, LLC
March 25, 2017
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REPORT AND RECOMMENDATION RE: DEFENDANT'S MOTION TO DISMISS (Docket No. 6) PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Docket No. 5). IT IS HEREBY RECOMMENDED that: KSC's Motion to Dismiss (Docket No. 6) be DENIED; and Rhino's Motion for Preliminary Injunction (Docket No. 5) be GRANTED. Objections to R&R due by 4/10/2017. Signed by Judge Ronald E. Bush. (km)
June 13, 2017
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ORDER - NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation entered on March 25, 2017 (Dkt. 36) is ADOPTED IN ITS ENTIRETY as clarified herein and the Court orders as follows: 1) Defendants Motion to Dismiss (Dkt. 6) is DENIED. 2) Plaintiffs Motion for Preliminary Injunction (Dkt. 5) is GRANTED. The Court will enter a separate Preliminary Injunction Order consistent with this decision. 3) Issuance of the Preliminary Injunction Order is contingent upon Plaintiff filing proof of deposit of the bond in the amount of $10,000 on or before 7/13/2017 before 4:00 p.m. Upon such proof of deposit being filed, the Court will issue the injunction. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)