CAUSE NO. ___________________
ABC INCORPORATED
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Plaintiff,
VS.
123 INDUSTRIES
Defendant.
IN THE DISTRICT COURT
OF __________ COUNTY, TEXAS
______ JUDICIAL DISTRICT
ABC INCORPORATED’S ORIGINAL PETITION
AND APPLICATION FOR TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION
NOW COMES ABC Incorporated, Plaintiff in the above-captioned cause, and submits
this Original Petition and Application for Temporary Restraining Order and Temporary
Injunction. In support of this petition, Plaintiff shows as follows:
I.
DISCOVERY
Plaintiff requests that this case be conducted as a "Level 2" case for the purposes of
discovery in accordance with TEX. R. CIV. P. 190.3. Plaintiff reserves the right to move this
court to enter a discovery control plan order under TEX R. CIV. P. 190.4.
II.
PARTIES
Plaintiff ABC Incorporated (“ABC”) is a corporation with its principal office located in
_______________ County, Texas.
Defendant 123 Industries (“123”) is a corporation organized under the laws of the State
of ________ with its principal place of business in _________ County, Texas. 123 can be served
through its registered agent _______________.
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III.
JURISDICTION AND VENUE
The Court has jurisdiction over this matter because the damages sought by ABC exceed
the minimum jurisdictional limits of the Court.
This action is properly brought in __________ County, Texas because all or a substantial
part of the events or omissions giving rise to this claim occurred there.
IV.
FACTS
[Detail facts supporting the Plaintiff’s substantive causes of action and its request
for injunctive relief.]
V.
CAUSES OF ACTION
[Plead appropriate claims: breach of contract, breach of fiduciary duty, fraud,
misappropriation of trade secrets, etc.]
VI.
APPLICATION FOR TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION
ABC requests a Temporary Restraining Order to maintain the status quo pursuant to
Texas Civil Practice and Remedies Code Section 65.011. ABC asks the Court to restrain 123
from:
[Detail the specific actions sought to be enjoined. E.g., preventing defendant
from dispersing money; transferring property; soliciting customers; using
Plaintiff’s confidential information, etc.]
ABC will suffer imminent, irreparable harm for which no adequate remedy at law exists
if 123 is not enjoined from these actions.
[Describe the harm that will occur if the TRO is not issued.]
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ABC has no adequate remedy at law.
[Describe why there is no adequate remedy at law. E.g., Defendant is insolvent.]
ABC will likely recover from 123 after a trial on the merits.
[Describe why Plaintiff is likely to prevail on the merits.]
ABC is willing to post a bond.
There is not sufficient time to serve 123 with this application for injunctive relief and
conduct a hearing on the application because ABC will suffer imminent, irreparable injury, loss
and/or damage if a temporary restraining order is not immediately issued.
[Describe reasons there is insufficient time if seeking an Ex Parte TRO.]
ABC asks the Court to set this Application for Temporary Injunction for a hearing and,
after the hearing, issue a temporary injunction against 123.
VII.
JURY DEMAND
ABC requests a jury trial and tenders the appropriate fee with this petition.
VIII.
PRAYER
WHEREFORE, PREMSIES CONSDIERED, ABC Incorporated respectfully requests it
hereby recover the following relief against 123 Industries:
a.
A temporary restraining order issued to 123 Industries preventing it from:
[Detail the specific actions sought to be enjoined.];
b.
123 Industries be cited to appear and show cause, and that upon hearing, a
temporary injunction issue enjoining him as set forth above in paragraph a;
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c.
[List other Damages sought with substantive claims.
E.g., actual damages;
exemplary damages, costs, attorneys’ fees, pre- and post-judgment interest, etc.];
and
d.
Any other relief to which ABC Incorporated is justly entitled.
Respectfully submitted,
___________________________
KEVIN M. YOUNG
State Bar No. 22199700
PRICHARD HAWKINS McFARLAND &
YOUNG, LLP
10101 Reunion Place, Suite 6oo
San Antonio, Texas 78216
(210) 477-7400 – Telephone
(210) 477-7450 – Facsimile
ATTORNEY FOR PLAINTIFF
ABC INCORPORATED
PHMY.COM 210-477-7400
STATE OF TEXAS
COUNTY OF __________
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VERIFICATION
BEFORE ME, the undersigned Notary Public on this day personally
appeared____________, who is the ____________ [describe position] for ABC Incorporated,
known to me to be the person whose name is subscribed to the foregoing instrument, who, being
by me duly sworn on his oath, deposed and said that he has read the foregoing Plaintiff’s
Original Petition and Application for Temporary Restraining Order and Temporary Injunction,
and that the facts stated therein, are within his personal knowledge and are true and correct.
By:
_________________________
[Name]
SUBSCRIBED AND SWORN TO before me on this _____ day of ____________, 2010,
to certify which witness my hand and seal of office.
___________________________________
Notary Public, State of Texas
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