3:25-cv-00276
M.D. Tenn.Mar 13, 2025Background
- Plaintiffs OmniSolve, LLC and Sirrom Partners, L.P., sought a temporary restraining order (TRO) and preliminary injunction against Jack Roberts.
- Plaintiffs alleged Roberts misused company assets and sold counterfeit products after being terminated for cause on March 7, 2025.
- Plaintiffs claimed they discovered, after Roberts's termination, prior substantial withdrawals by Roberts from company accounts in January 2023.
- The motion sought to prevent Roberts from using, converting, or transferring OmniSolve's assets, acting on its behalf, and destroying evidence; they also requested return of company assets.
- The Court considered whether the plaintiffs showed likelihood of irreparable harm absent immediate injunctive relief.
- The Court denied the TRO but scheduled a hearing for the preliminary injunction.
Issues
| Issue | Plaintiffs' Argument | Defendant's Argument | Held |
|---|---|---|---|
| TRO standard: Irreparable harm | Immediate risk of asset dissipation and injury to reputation | Harm speculative; no imminent threat shown | TRO denied; harm not imminent |
| Likelihood of success on the merits | Roberts misused assets, breached duties | (Not detailed) | Not reached on TRO motion |
| Balance of harms/substantial harm to others | Necessary to prevent further loss/damage | (Not detailed) | Not reached on TRO motion |
| Public interest | Protecting business interests warranted | (Not detailed) | Not reached on TRO motion |
Key Cases Cited
- Overstreet v. Lexington-Fayette Urban Cty. Gov’t, 305 F.3d 566 (6th Cir. 2002) (standard for extraordinary injunctive relief)
- Doe v. Univ. of Cincinnati, 872 F.3d 393 (6th Cir. 2017) (factors for TRO and preliminary injunction)
- Michigan Coal. of Radioactive Material Users, Inc. v. Griepentrog, 945 F.2d 150 (6th Cir. 1991) (irreparability must be certain and immediate)
- E. Greyhound Lines v. Fusco, 310 F.2d 632 (6th Cir. 1962) (injunctive relief cannot be based on speculative future harm)