No Expedited Discovery for Motion for Preliminary Injunction
The Eastern District of Missouri denied a request for expedited discovery in Interface Security Systems, LLC v. May, 2007 WL 1300394 (E.D. Mo. 5/2/07).
Interface filed a lawsuit claiming false advertising but did not move for a preliminary injunction. Interface filed a motion for expedited discovery, stating it would move for a preliminary injunction and that expedited discovery would assist that motion. This was a strange request that essentially shows Interface has not incurred irreparable harm, which is the hallmark of preliminary injunctive relief. The court denied the request for expedited discovery and could not resist an illustrative commentary:
This is most analogous to the famous character of Wimpy from an episode of the Popeye cartoon series . . . To satisfy his addiction Wimpy was always willing to "gladly pay you Tuesday for a hamburger today." It was a special group which yielded to his melodic chant. This Court opts not to be a member of a special group today.
