Exhibit (a)(5)(ii)
Case 1:10-cv-00844-TCB Document 165 Filed 04/01/11 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Akanthos Capital Management, LLC, et al. | ||
Plaintiffs, | ||
v. | Civil Action File No. 1:10-CV-844-TCB | |
CompuCredit Holdings Corporation, et.al. | ||
Defendants. | ||
ORDER DENYING PLAINTIFFS’
EMERGENCY MOTION FOR PRELIMINARY INJUNCTION
This matter comes before the Court on Plaintiffs’ Emergency Motion for Preliminary Injunction, filed on March 23, 2011, pursuant to Fed. R. Civ. Pr. 65(a). In order to obtain a preliminary injunction, Plaintiffs must clearly prove each of the following elements:
a. | a substantial likelihood of success on the merits, |
b. | irreparable injury unless the injunction is granted, |
c. | the threatened injury to the moving party outweighs the damage the injunction may cause to the opposing party, and |
d. | the injunction would not be adverse to public interest. |
Case 1:10-cv-00844-TCB Document 165 Filed 04/01/11 Page 2 of 3
SME Racks, Inc. v. Sistemas Mecanicos Para, Electronica, S.A., 243 Fed. Appx. 502, 504 (11th Cir. 2007).
Having considered the evidentiary record, the briefs, and arguments made by counsel for the parties during the hearing held on April 1, 2011, the Court finds that Plaintiffs have not carried their burden and have not established their entitlement to a preliminary injunction. Accordingly, Plaintiffs’ motion is DENIED.
IT IS SO ORDERED this 1st day of April, 2011
Honorable Timothy C. Batten, Sr. |
United States District Court Judge |
Northern District of Georgia |
Jeffrey O. Bramlett
John H. Rains IV
Naveen Ramachandrappa
BONDURANT, MIXSON & ELMORE, LLP
1201 W. Peachtree Street NW, Suite 3900
Atlanta, GA 30309
Attorneys for Defendants David G. Hanna, Frank J. Hanna, Richard R. House, Jr.,
Richard W. Gilbert, K.K. Srinivasan, and J. Paul Whitehead III
Michael J. King
Janna Satz Nugent
GREENBERG TRAURIG, LLP
The Forum, Suite 400
3290 Northside Parkway
Atlanta, GA 30327
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Case 1:10-cv-00844-TCB Document 165 Filed 04/01/11 Page 3 of 3
Attorneys for Defendants Thomas Rosencrants and Gregory Corona
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