Order: Farmers Finest, LLC, Dwaine Goshen v. Goshen Groceries, LLC, Taylor Goshen

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                                29D02-2403-PL-002963                                     Filed: 3/19/2024 5:00 PM
                                                                                                                 Clerk
                                        Hamilton Superior Court 2                           Hamilton County, Indiana




                               INDIANA COMMERCIAL COURT

STATE OF INDIANA   )                   IN THE HAMILTON CIRCUIT/SUPERIOR COURT
                   )SS:
COUNTY OF HAMILTON )                   CAUSE NO.:


FARMERS FINEST, LLC AND DWAINE )
GOSHEN,                        )
                               )
                 Plaintiffs,   )
                               )
v.                             )
                               )
GOSHEN GROCERIES, LLC AND      )
TAYLOR GOSHEN                  )
                               )
                 Defendants.   )

       PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND
                        PRELIMINARY INJUNCTION

       Plaintiffs Farmers Finest, LLC and Dwaine Goshen, by counsel, pursuant to Rule 65(A)

of the Indiana Rules of Trial Procedure, respectfully move this Court for a temporary restraining

order and, after hearing, a preliminary injunction against Defendants Goshen Grocreries, LLC

and Taylor Goshen, and all those acting in concert or participation with them, that:


       (a) enjoins Defendants, directly or indirectly, from further use of the Farmers Finest,
           LLC, Facebook page; and

       (b) enjoins Defendants, directly or indirectly, from continued misrepresentation as to the
           legitimacy of Farmers Finest, LLC’s website and associated phone numbers

       In support of this motion, Plaintiffs state:

       1. This application is supported by Plaintiffs’ Verified Complaint, Plaintiffs’ Motion for

           Temporary Restraining Order, and Plaintiffs’ Brief in Support of Motion for

           Temporary Restraining Order and Preliminary Injunction, attached and incorporated
   in this Motion as Exhibit A. A form of temporary restraining order is attached and

   incorporated in this Motions as Exhibit B for the Court’s consideration.

2. A temporary restraining order is necessary and appropriate to prevent the significant

   loss of revenue and other damages to Farmers Finest, LLC.

3. There is reasonable likelihood that Plaintiffs will succeed on the merits of their

   Verified Complaint against Goshen Groceries, LLC, and Taylor Goshen.

4. Plaintiffs have no adequate remedy at law, and Plaintiffs will be irreparably harmed if

   a temporary restraining order and injunction do not issue.

5. The injuries resulting from Defendants’ actions outweigh any harm that an injunction

   might inflict on Defendants. The requested injunction does not seek to prevent

   Defendants from engaging in the delivery of food.

6. The requested injunctive relief will serve the public interest by eliminating customer

   confusion regarding the legitimacy of both Farmers Finest, LLC and Goshen

   Groceries, LLC.

7. Plaintiffs have suffered and will continue to suffer immediate and irreparable injury,

   loss and damage before Defendants or their attorney(s) can be heard in opposition to

   this motion. Efforts have been made to give Defendants notice of Plaintiffs’

   application for a temporary restraining order and the reasons supporting Plaintiffs’

   claim.

8. Plaintiffs request the Court to issue the temporary restraining order and preliminary

   injunction without requiring security. However, if the court determines that security is

   necessary, Plaintiffs stand ready to provide reasonable security as the Court may

   deem appropriate.
WHEREFORE, Plaintiffs respectfully requests the Court to:

(a) Enter a temporary restraining order in the form attached hereto as Exhibit B;

(b) Set Plaintiffs’ request for a preliminary injunction for hearing at the earliest available

   opportunity on the Court’s calendar;

(c) Issue, after opportunity for a hearing, a preliminary injunction as requested in this

   application; and

(d) Award Plaintiff all other appropriate relief.



                                               Respectfully submitted,


                                               __/s/ Kenneth A. Ewing________________
                                               Kenneth A. Ewing, #23410-49
                                               Attorney for Plaintiffs
                                               CLAPP FERRUCCI
                                               8766 South Street, Suite 210
                                               Fishers, IN 46038
                                               Ph.: (317)578-9966
                                               Fax: (317)578-9967
                                               KEwing@seanmclapp.com