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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 06cv02132EWNMJW
BORGWARNER TURBO SYSTEMS INC., a
Delaware corporation,
Plaintiff,
v.
PCCADVANCED FORMING TECHNOLOGY, INC.,
aka ADVANCED FORMING TECHNOLOGY, INC.,
a Colorado corporation,
Defendant.
ORDER GRANTING TEMPORARY RESTRAINING ORDER
This matter having come before the Court on Plaintiff BorgWarner Turbo System Inc.’s
(“Plaintiff”) motion pursuant to Fed.R.Civ.P. 65, and the Court having reviewed Plaintiff’s
Motion and Brief for Injunctive Relief, Verified Complaint, and the exhibits attached thereto, the
Court has determined the following:
1.
Plaintiff has a likelihood of success on the merits.
2.
Plaintiff will suffer irreparable harm and loss unless this Court issues a temporary
restraining order requiring Defendant PCCAdvanced Forming Technology, Inc. (“Defendant”)
to resume production of the “Vane I6” MIM VTG Component (the “Vane I6 Component”). If
Defendant does not supply Plaintiff with the Vane I6 Component, Plaintiff will be forced to
shut down its own production facilities, which will interrupt Plaintiff’s supply of Turbochargers
it produces for International Truck and Engine Corp. (“International Truck”) and John Deere
Corporation (“John Deere”), and will cause broad and immeasurable damage to Plaintiff and its
customers.
3.
Plaintiff has no adequate remedy at law.
Case 1:06-cv-02132-EWN Document 7 Filed 10/25/2006 Page 1 of 2
Borgwarner Turbo Systems Inc. v. PCC-Advanced Forming Technology, Inc.
Doc. 7
Dockets.Justia.com
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4.
Plaintiff will suffer greater injury from denial of temporary injunctive relief than
Defendants will suffer from the granting of such relief and the granting of a Temporary
Restraining Order will further the public interest.
5.
Copies of Plaintiff’s papers were provided to Defendant prior to being filed with
the Court.
IT IS ORDERED that:
A.
Defendant is enjoined and restrained from repudiating or threatening to
breach the Long Term Supply Agreement;
B.
Defendant is enj