Steves and Sons, Inc. v. Jeld-Wen, Inc., No. 3:2020cv00098 - Document 122 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION (Redacted). Signed by District Judge Robert E. Payne on 4/10/2020. (jsmi, ) Modified on 4/10/2020 (jtho, ).

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Steves and Sons, Inc. v. Jeld-Wen, Inc. Doc. 122 Dockets.Justia.com use these to supply JW Door, which in turn allows JW Fiber to fulfill other orders by using the - doorskins that it would have used to fulfill JW Door's orders but for the IV. THE LEGAL FRAMEWORK To secure a preliminary injunction, Steves "must demonstrate that (1) [it is] likely to succeed on the merits; likely suffer irreparable harm balance of hardships weighs (2) [it] will absent an injunction; in [Steves'] injunction is in the public interest." favor; and (3) the (4) the League of Women Voters v. North Carolina, 769 F.3d 224, 236 (4th Cir. 2014) Steves has the burden of proof on all four components of the test. Preliminary injunctions may be classified as being either mandatory or preliminary provision, prohibitory. injunction is it prohibitory, Here, seeks, and Steves with JELD-WEN injunction that Steves seeks is mandatory. No. 31 at 1.) the asserts that exception contends the of one that the (ECF No. 46 at 6-7; ECF Thus, before turning to the merits of the Preliminary Injunction Motion, it is necessary to resolve this dispute because the measure of Steves' burden of proof depends on the nature of the relief sought. Specifically, plaintiffs seeking prohibitory injunctions must make a clear showing of their likelihood of success; however, "[t]o justify a mandatory injunction, . the movant must demonstrate a clear and convincing probability of 24

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