Ameritox

Temporary Restraining Order Against Millennium Laboratories for “Misleading” Press Release

Case 1:10-cv-03327-BEL   Document 329   Filed 06/14/12

Download the Temporary Restraining Order »

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

MILLENNIUM LABORATORIES, INC.
:
Plaintiff
:
v Civil Case No. L-10-3327
:
AMERITOX, LTD.
:
Defendant:

o0o
TEMPORARY RESTRAINING ORDER

Ameritox has filed an Emergency Motion for a Temporary Restraining Order. Docket No. 306. Ameritox’s counsel docketed the motion and served a copy on Millennium’s counsel. The lateness of the hour precluded the Court from convening a hearing today. The Court will, however, hold a hearing tomorrow. Counsel shall be prepared to begin at 11:00 a.m., although the start of the hearing will be determined by the mutual availability of Judge Gallagher and myself.

Ameritox’s motion concerns a press release (“Press Release”) that Millennium issued concerning the litigation. The Court has not had the opportunity to parse the press release and to hear the arguments of counsel as to its propriety.

Nevertheless, Ameritox’s motion raises a serious issue concerning publicity given to matters that were sealed and remain under seal. Accordingly, the Court hereby issues the following Temporary Restraining Order. The Court has the authority to issue the Order because this case remains open, the Court has jurisdiction over any potential violation of its sealing order, and the Court also has jurisdiction over the Consent Order. The Court finds that this Order meets all of the requirements of Rule 65(b), including the likelihood of irreparable injury to Ameritox, for issuance of a Temporary Restraining Order before hearing the arguments of opposing counsel.

It is this 13th Day of June, 2012, hereby ORDERED as follows:

1. Millennium shall remove the Press Release from its web site;
2. Millennium sales representatives are hereby enjoined from using the Press Release in sales presentations or communications;
3. Until further order, Millennium shall submit for approval to the undersigned or to Judge Gallagher all public statements concerning this litigation; and
4. As the first order of business at tomorrow’s hearing, the Court will hear from counsel concerning the means by which statements appearing in the Press Release have been disseminated and the measures taken by Millennium to comply with this Order.

/s/
_______________________________
Benson Everett Legg
United States District Judge