Liberty Tax Loses Preliminary Injunction to Former Liberty Franchisee Regarding Enforcement of Post-Term Restriction
Liberty Tax Franchisee Represented by GLF Wins in Post-Term Covenant Case in Federal Court
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JTH TAX LLP, doing business as Liberty
Tax Service ,
CASE NO. C20-5484RJB
ORDER ON MOTION FOR
ORDER AND PRELIMINARY
JULY 6, 2020
THIS MATTER comes before the Court on the Plaintiff’s Motion for Temporary
Restraining Order and Preliminary Injunction (Dkt. 14). The Court is familiar with the file and
all documents filed in support of and in opposition to the motion.
This is a business dispute. The facts are sharply in dispute. It is inappropriate, and not
justified by the record, for the Court to preliminarily takes a side now for the following reasons:
- The Court is unable to determine that Plaintiff is likely to succeed on the merits;
- It does not appear that Plaintiff is likely to suffer irreparable harm in the absence
of preliminary relief. If Plaintiff’s position ultimately prevails, monetary damages should
adequately recompense Plaintiff. Nothing in the parties’ contract trumps this conclusion;
- The balance of equities is as hazy as is Plaintiff’s likelihood of success;
- A preliminary injunction or restraining order is not shown to be in the public
interest. Particularly, third party taxpayers’ interests have not been successfully shown to be at
risk under the status quo.
For these reasons, Plaintiff’s Motion for Temporary Restraining Order and Preliminary
Injunction (Dkt. 14) should be DENIED.
IT IS SO ORDERED.