Michael Salcedo v. The Partnerships and Unincorporated Associations Identified on Schedule A

Summary

The United States District Court for the Western District of Texas denied without prejudice the plaintiff’s motions for a temporary restraining order, preliminary injunction, and electronic service of process. The court found that the plaintiff had not sufficiently supported its allegations that 101 defendants were acting in concert or were properly joined under Federal Rule of Civil Procedure 20.

Holdings

1. The proposed joinder allegations were insufficient because the plaintiff did not substantiate that the particular defendants acted in concert or that their alleged conduct arose from the same transaction, occurrence, or series of transactions or occurrences.
2. The motion for a temporary restraining order and preliminary injunction was denied without prejudice because the plaintiff failed at this stage to adequately support the asserted concerted conduct and proposed collective restraint.
3. The motion for electronic service of process was denied without prejudice because the court did not grant a TRO and the plaintiff sought ex parte relief before notifying defendants of the lawsuit.

Questions Presented

1. Whether the plaintiff established a sufficient basis to join 101 defendants in one action and restrain them collectively based on allegations that they were acting in concert.
2. Whether the plaintiff established the requirements for a temporary restraining order and preliminary injunction.
3. Whether the court should authorize electronic service of the TRO on defendants when no TRO had been granted and the plaintiff sought ex parte relief.

Disposition

other