Summary
denying plaintiff's motion for a TRO where the temporary relief sought did not address the ultimate right asserted by the plaintiff; and where plaintiff failed to show a threat of irreparable harm because plaintiff could recover monetary damages if it ultimately prevailed in the case
Summary of this case from APR Energy, LLC v. First Investment Group Corp.Opinion
Case No: 8:11-CV-217-T-30AEP.
March 15, 2011
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Anthony E. Porcelli (Dkt. #29). The Court notes that neither party filed written objections to the Report and Recommendation and the time for filing such objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1. The Report and Recommendation (Dkt. #29) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2. Plaintiff's Motion for Temporary Restraining Order (Dkt. #21) is DENIED.
3. Defendant's request for an award of costs and attorneys' fees is DENIED.
DONE and ORDERED in Tampa, Florida on March 15, 2011.