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Chapman Spingola Defeats Emergency Motion for Entry of Temporary Restraining Order and Preliminary Injunction in New Jersey Federal Court

Chapman Spingola client MCF Operating, LLC had been a supplier of private-label salad dressing to food retailer and distributor Silver Palate.

When MCF determined it could no longer fulfill orders from Silver Palate without interfering with its ability to serve the company’s other customers, Silver Palate filed suit for breach of contract in New Jersey state court on the eve of the Labor Day holiday weekend.

Silver Palate simultaneously brought an emergency motion for injunctive relief to require MCF to fulfill purchase orders based on a claimed failure to comply with a termination notice provision and the contention that a failure to do so could destroy Silver Palate’s business.

After initial attempts to resolve the matter out of court proved unsuccessful, the firm removed the case to federal court in Newark. Associates John Owen and Melody Gaal (with support from Peter Spingola, Bob Chapman and Doug McMeyer) worked tirelessly over the Labor Day holiday to prepare and file MCF’s opposition papers.

Just days later, Peter and John argued in MCF’s defense before the Honorable Susan Wigenton, United States District Judge for the District of New Jersey, who denied the emergency motion for the TRO and found no good cause existed to set a preliminary injunction hearing. Silver Palate voluntarily dismissed the lawsuit shortly thereafter.

“Chapman Spingola quickly brought to close what could have been a long, drawn-out, out-of-state litigation matter, allowing us to get back to running our business and pursing new opportunities,” said Mark Hoppe, President of MCF.

“This is another example of how quick on the uptake and effective our firm can be in complex matters that arise in any courtroom across the country,” said Peter. “We pride ourselves on successfully handling these kinds of emergency proceedings and scoring big wins that accomplish our clients’ business objectives.”