Free Order on Motion for TRO - District Court of Delaware - Delaware

Case 1:07-cv-00499-JJF Document 19 Filed 08/30/2007 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
REGENT COMMUNICATION, INC., :
Plaintiff, ;
v. Z Civil Action No. 07-499-JJF
RILEY INVESTMENT PARTNERS E
MASTER FUND, LP, RILEY :
INVESTMENT MANAGEMENT LLC, :
and SMH CAPITAL :
Defendants. E
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WHEREAS, the Court conducted a hearing on Regent
Communication, Inc.'s Motion For Temporary Restraining Order
(D I. 4) on August 29, 2007;
WHEREAS, the Court concludes from the alleged facts and
circumstances that Defendants’ activities have not amounted to a
proxy solicitation;
WHEREAS, the Court concludes that Plaintiffs have failed to
demonstrate irreparable harm, Tootsie Roll Indus., Inc. v.
Sathers, Inc., 666 F.Supp. 655, 658 (D.Del. I987)(when
determining whether to issue a temporary restraining issue,
“[t]he Court must consider whether (I) the movant has shown that
there is a reasonable likelihood that it will succeed on the
merits; (2) the movant has demonstrated that it will suffer
irreparable harm absent the relief sought; (3) other parties will
be substantially injured by the relief; and (4) where the public
interest lies.");

Case 1:07-cv-00499-JJF Document 19 Filed 08/30/2007 Page 2 of 2
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s Motion
For Temporary Restraiming Order (D.I. 4) is DENIED.
August 30, 2007
DATE ED TAT DISTRICT D °
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