The opinion of the court was delivered by: Honorable Christina A. Snyder United States District Judge
[Assigned for all purposes to the Honorable Christina A. Snyder] [PROPOSED] PRELIMINARY INJUNCTION IN FAVOR OF PLAINTIFF EVANDER HOLYFIELD
The Court, having read all papers filed in support of and in opposition to Plaintiff's Ex Parte Application for a Temporary Restraining Order and Order to Show Cause why a Preliminary Injunction Should Not Issue ("Plaintiff's Application"), having GRANTED Plaintiff's Application on November 21, 2012, having issued an Order to Show Cause ("OSC") Why a Preliminary Injunction should not issue restraining Defendants herein, and having considered the supplemental papers relating to said OSC filed on November 27 and 29, 2012, hereby GRANTS Plaintiff's request for issuance of a Preliminary Injunction herein.
* that Plaintiff is likely to succeed on the merits of his claims;
* that Plaintiff is threatened with irreparable harm because the 20 items of Plaintiff's personal property at issue here are unique and irreplaceable and have significant sentimental value to him, and Plaintiff is faced with the loss of said items through auction by Defendants if a Preliminary Injunction is not issued;
* that any injury faced by Defendants from issuance of a Preliminary Injunction is speculative and not as significant as the irreparable harm faced by Plaintiff, so that the equities in this case tip in Plaintiff's favor;
* that issuance of a Preliminary Injunction in this contract dispute, limited only to the parties, does not implicate any broad public interest beyond the parties;
* that Plaintiff has posted the security required by this Court's Order of November 27, 2012; and
* that preliminary injunctive relief is appropriate to preserve the status quo pending arbitration, and any waiver by Plaintiff of the right to pursue injunctive relief is void under the circumstances of this case.
IT IS HEREBY ORDERED that Defendants JULIEN ENTERTAINMENT.COM, INC. dba JULIEN'S AUCTIONS, a California Corporation and DARREN JULIEN, an individual (collectively "Defendants"), and each of them, and their officers, agents, servants, employees and all those acting by and through, under or in concert or participation with any of them ARE HEREBY RESTRAINED AND ENJOINED of and from:
(a) Further advertising and/or promoting for sale of any of the following identified 20 items of personal property which Plaintiff Evander Holyfield has expressly declined to give Defendants authorization to sell (the "Not for Sale Items"), identified by item number and/or description as follows:
* 37705 (40th birthday artwork)
* 37652 (1998 father of the ...