Road Safety Services, Inc. and Forward Traffic and Marking, LLC v. Michael Gilbertson and Century Traffic, LLC

Summary

This memorandum and order from the U.S. District Court for the District of Nebraska addresses plaintiffs’ motion for a temporary restraining order in an action involving alleged breaches of post-employment restrictive covenants and tortious interference with contractual relationships. The court denies the motion, concluding that plaintiffs failed to establish a fair chance of success on the merits based on the evidentiary record presented.

Holdings

1. Plaintiffs failed to establish a fair chance of prevailing on either the breach-of-contract claim against Gilbertson or the tortious-interference claim against Century Traffic because their allegations were unsupported by admissible, nonconclusory evidence of breach or interference.
2. Plaintiffs failed to establish likely irreparable harm because the alleged disclosure of confidential information, loss of goodwill, and reputational injury were supported only by conclusory allegations and speculation, while alleged lost profits, customers, and business opportunities were compensable by money damages.
3. Plaintiffs' lack of diligence in seeking injunctive relief further justified denial of the TRO because the delay undermined the asserted urgency of the extraordinary remedy.

Questions Presented

1. Whether Plaintiffs established a fair chance of success on their breach-of-contract claim against Gilbertson.
2. Whether Plaintiffs established a fair chance of success on their tortious-interference claim against Century Traffic.
3. Whether Plaintiffs demonstrated likely and non-speculative irreparable harm absent a TRO.
4. Whether Plaintiffs' delay in seeking relief undermined the claimed urgency and independently supported denial of a TRO.

Disposition

denied