IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Phillip S. Figa
Civil Action No. 06cv00363PSFMEH
FASTSIGNS INTERNATIONAL, INC.,
Plaintiff,
v.
SELECT SIGNS, INC.; and
ROBERT S. ALEXANDER,
Defendants.
PRELIMINARY INJUNCTION
This matter is before the Court on the Motion of Plaintiff FASTSIGNS Inter
national, Inc. (“FII”) for a Temporary Restraining Order and Preliminary Injunction
against Defendants Select Signs, Inc. and Robert S. Alexander, filed March 1, 2006
(Dkt. # 2). By Order entered March 2, 2006, this Court set the matter for hearing on
March 3, 2006 at 2:30 p.m. At that time, plaintiff appeared by counsel, Defendant
Robert S. Alexander appeared pro se, and no counsel appeared for Defendant Select
Signs, Inc. Plaintiff Alexander stated that he was the sole owner of Select Signs. Inc.
The Court first noted that Plaintiff Alexander had represented to the Court that
he had filed an individual bankruptcy proceeding that day or the previous day, and
therefore this Court found that all proceedings as against him were stayed by virtue
of the automatic bankruptcy stay. Accordingly, the matter proceeded only against
Defendant Select Sign, Inc.
Case 1:06-cv-00363-PSF Document 11 Filed 03/07/2006 Page 1 of 5
FASTSIGNS International, Inc. v. Select Signs, Inc. et al
Doc. 11
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The Court indicated that it believed this case was being brought in part pursuant
to Paragraph 24 of the parties’ former Franchise Agreement (Exhibit A1 to the
Complaint), dated May 18, 2002, which provided for arbitration of a wide range of
disputes in subparagraph A, but specifically authorized either the Franchisor or the
Franchisee to seek “temporary or preliminary injunctive relief; provided, however, that
such party must contemporaneously submit the dispute for arbitration on the merits as
provided in Paragraph A above.” Id. at ¶ 24B. Alexander was the original franchisee,
but that designation was transferred to Select Signs by an agreement dated July 3,
2002 (Exhibit A2 to t