Opinion
Civil Action 3:21-CV-1040-S-BN
10-27-2021
TITLEMAX OF TEXAS, INC., IVY FUNDING COMPANY LLC, and NCP FINANCE LIMITED PARTNERSHIP v. CITY OF DALLAS
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
KAREN GREN SCHOLER UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation C'FCR") in this case [ECF No. 27]. Defendants filed objections ("Objections") [ECF No. 34]. The District Court reviewed de novo those portions of the FCR to which objection was made and reviewed the remaining portions of the FCR for plain error.
Plaintiffs object that the Magistrate Judge imposed an inappropriately high standard for obtaining preliminary injunctive relief. See Objs. 6-11. This Court agrees with the Magistrate Judge that the appropriate standard to apply is the standard for mandatory injunctions, as laid out in the FCR, as opposed to the lower standard for prohibitory injunctions. See FCR 5-11. However, considering the record, and for the reasons expressed in the FCR, Plaintiffs also cannot prevail under the lower burden of proof they urge this Court to apply.
Accordingly, the Court finds no error, and ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Plaintiffs TitleMax of Texas, Inc., Ivy Funding Company LLC, and NCP Finance Limited Partnership's motion for a preliminary injunction under Federal Rule of Civil Procedure 65 [ECF. No. 11] is therefore DENIED.
SO ORDERED.