Ryo Machine Rental, LLC et al v. U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau et al
| Ryo Machine Rental, LLC, Tobacco Outlet Express, LLC and Tightwad Tobacco, LLC |
| U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau and John J. Manfreda |
| 4:2010cv02462 |
| October 28, 2010 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Trumbull |
| David D. Dowd |
| Other Statutory Actions |
| 05 U.S.C. ยง 702 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
41
Memorandum Opinion and Order Granting Preliminary Injunction. (Related document # 2 . The Court determines that the Anti-Injunction Act and the Declaratory Injunction Act do not bar Plaintiff RYO Machine and Tobacco Outlet's claims a nd thus, the Court has subject matter jurisdiction to rule on the Plaintiffs' motion for preliminary injunction. The Court finds the Anti-Injunction Act and Declaratory Injunction Act bar Tightwad Tobacco's claims and thus, the Court does not have subject matter jurisdiction to rule on Tightwad Tobacco's claims. Accordingly, Tightwad Tobacco is dismissed from this action. Thus, Defendants' motion to dismiss (ECF No. 16 ) is hereby Granted in part and Deni ed in part. Pending final resolution of this matter, the U.S. Treasury Department, Alcohol and Tobacco Tax and Trade Bureau ("TTB") and their agents, servants, employees, successors, representatives and assigns, and all others in active concert and privity with them who receive actual notice of this Injunctive Order by personal service or otherwise, are immediately restrained from enforcing the TTB's September 30, 2010 Ruling No. 2010-4 and all requirements set forth the rein. The Court will delay scheduling a status call until the time for filing a notice of appeal with respect to this Order has elapsed. If an appeal of this Order is filed, the Court will stay all further proceedings until the Sixth Circuit Court of Appeals resolves the issues. Signed by David D. Dowd, Jr. on 12/14/2010. (M,De)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
