ELIZABETH QE2, QUEEN BITSY, PEPPER LE MILLE', and BAMBI,
PlaintiffS,
v.
NOSEY PARKER, CATERWAUL CHRONICLE, THE AGENCY, MAC T. McTAVISH, AGENT 0001, MOKE THE MAGNIFICENT, AGENT 0007, and KEEKEE
Defendants.
MOTION FOR
TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
Plaintiffs ELIZABETH QE2, QUEEN BITSY, PEPPER LE MILLE', and BAMBI respectfully move this Court for a temporary restraining order and preliminary injunction pursuant to Rule 897, Catdom Rules of Court Procedure, enjoining the defendants NOSEY PARKER, CATERWAUL CHRONICLE, THE AGENCY, MAC T. McTAVISH - AGENT 0001, MOKE THE MAGNIFICENT - AGENT 0007, and KEEKEE from pestering or bothering said Plaintiffs. As grounds for this motion, named Plaintiffs state as follows:
INTRODUCTION
As everyone in the entire world knows from the many Internet postings and publications by the named defendants, (hereinafter referred to as THE BOYZ) the named plaintiffs (hereinafter referred to as THE GURLZ) have suffered grievous injury to their reputations and standing in the community. In addition, due to the wide circulation of private photos, THE GURLZ have suffered irrepairable damage to their psyches, as well as emotional trauma and extreme humiliation.
STATEMENT OF FACTS
The following facts are taken from affidavits of THE GURLZ.
A. ELIZABETH QE2
"I haff always hadd the respectize of furriends and family, but since the boyz slanerized me I get stranger looks from effurryone. I effun getts email dat says "Hubba Hubba" and other fings I can't sayz as a lady. I hopes you can make dos boyz STOP IT! Queens shudn't be treeted dis way, norr shud any gurl!"
B. QUEEN BITSY
"A furry good reason fur a cease and desist order and injunction is the fact that NP and his friends are still making false, slanderous, and insulting comments about us on the Boys' Board, thinking we do not know what they are doing. Having followed Samuall there, I know where it is and can read what is on it! It is disgraceful, and they must not be allowed to continue this dispurragement!"
D. PEPPER LE MILLE'
"NP and his friends are still making
false, slanderous, and insulting comments about us on
the Boys' Board, thinking we do not know what they
are doing. It is disgraceful, and they must not be
allowed to continue this dispurragement! I can't balieve da tings they are saying. Do dere
moffurs know what dese boyz are sayin bout gurlz?
I offered to do my "Dance Of the Four Feathers" at
dere klub if dey wud polligize and dey said even worse
tings bout me!
It is uncalled for and it embarrassed me no end.
When I was on da stage efferyone just adored me!
Duchess PepperMille LePurr (dancer extraudinaire)"
E. BAMBI
"I wuds like sumkitty to 'seize' KeeKee an 'dissist' him form steeling MY turkeymeat. Den I wants to 'injunch' him furm telling his furriens how fat I is an dat I steels HIS turkeymeat. Efurrywon nose dat KeeKee steels myown turkeymeat frum myownself and den tells liez."
PLAINTIFFS ARE ENTITLED TO AN ORDER TEMPORARILY RESTRAINING
AND PRELIMINARILY ENJOINING THE BOYZ FROM
PESTERING OR BOTHERING THE GURLZ IN ANY WAY WHATSOEVER
In determining whether a temporary restraining order should be entered, the primary consideration is whether irreparable harm will result to THE GURLZ before the adverse party can be heard in opposition. Rule 85(b), Catdom Rules of Procedure. In determining whether a preliminary injunction should be entered, the primary considerations are (1) the likelihood of irreparable harm to THE GURLZ if the preliminary injunction is denied, (2) the likelihood of harm to THE BOYZ if the preliminary injunction is granted, (3) the likelihood that THE GURLZ will succeed on the merits, and (4) the public interest.
In this case, all of these considerations weigh heavily in THE GURLZ' favor.
A. THE GURLZ Will Suffer Substantial and Immediate Irreparable Harm If The Requested Relief is Denied.
In this case the harm to THE GURLZ if a restraining order is denied is immediate, substantial, and irreparable. As stated in their affidavits, THE GURLZ are unable to carry on with their daily lives without feeling threatened and fearful. It is self-evident that while some of this harm may be compensable in samoleons, most is not.
B. THE BOYZ Will Suffer No Harm Whatsoever If The Requested Relief is Granted.
THE BOYZ will suffer no harm, irreparable or otherwise, if THE GURLZ are issued the requested restraining order. THE BOYZ' reputations will not be harmed, they will not be prevented from doing their disgusting tom things, nor will their ability to communicate via the Internet be impacted in the slightest. Because that is so, a balancing of the equities in this case tips substantially in favor of THE GURLZ.
C. THE GURLZ Are Highly Likely to Succeed on the Merits of their Claims Against THE BOYZ.
THE GURLZ are prepared to offer substantial evidence that injustice has been done to them and is likely to be done again. Thus, THE GURLZ are likely to succeed on the merits of this matter.
D. Granting the Relief Sought By This Motion Would Be in The Public Interest.
Prior to the attacks by THE BOYZ, THE GURLZ all enjoyed a good reputation and standing in the community. To permit THE BOYZ to continue their nefarious activities and attempts to publicly slander, humiliate, embarrass, and defame THE GURLZ, should not be tolerated, and is clearly not in the public interest.
CONCLUSION
Because the likelihood of irreparable harm to THE GURLZ is substantial if the relief sought by this motion is denied, (2) the likelihood of harm to THE BOYZ if the preliminary injunction is granted is negligible, (3) the likelihood that THE GURLZ will succeed on the merits is substantial, and (4) granting that relief would be in the public interest, this Court should enter a temporary restraining order and preliminary injunction prohibiting THE BOYZ from pestering or bothering THE GURLZ in any way whatsoever.
Dated this 21th day of May, 2002.
LAW OFFICE OF DELLI CAT, CATTORNEY AT LAW
By:_____________________________
Delli Cat
ATTORNEY FOR PLAINTIFFS