Free Order on Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1:06-cv-00228-JJF Document 39 Filed O9/19/2006 Page1 0f 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HERMAN KELLY, :
Plaintiff, Z
v. E Civil Action No. 06-228-JJF
MBNA AMERICA BANK, Z
Defendant. E
ORDER
WHEREAS, the Court’s Memorandum Order dated July 18, 2005, allows
Defendant to proceed against Defendant MBNA America Bank (D.I.
23) ;
WHEREAS, Plaintiff has filed the following motions: Motion For
A Preliminary Injunction (D I. 26), Motion For a Temporary
Restraining Order (D.I. 26), Motion for Settlement Compromise
(D.I. 29), and a Motion That Defendants Pay All Court Costs and
Plaintiff’s Expenses of $10,000 (D.I. 37);
WHEREAS, the Plaintiff, at the time of filing these motions, had not
forwarded the “U.S. Marshal—285" forms required to initiate
service upon Defendant MBNA America Bank (D.I. 23);
WHEREAS, it is this Court’s practice to dismiss without prejudice
motions filed prior to service;
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. The Motion For Preliminary Injunction (D.I. 26) is DENIED
without prejudice, with leave to refile following service of the
complaint.

Case 1:06-cv-00228-JJF Document 39 Filed O9/19/2006 Page 2 0f 2
2. The Motion For Temporary Restraining Order (D.I. 26) is DENIED
without prejudice, with leave to refile following service of the
complaint.
3. The Motion For Settlement Compromise (D I. 29) is DENIED
without prejudice, with leave to refile following service of the
complaint.
4. The Motion For Costs (D.I. 37) is DENIED without prejudice,
with leave to refile following service of the complaint.
September _L1_, 2006 `\?})L» ’* 6Coey»,H
-13 VL;
J
UNITED STATES DISTRICT JUDGE