Mainstream Fashions Franchising, Inc. v. All These Things, LLC

Background

Mainstream Fashions sought a preliminary injunction that would prohibit the defendants from, among other things, operating their current business. The parties also filed a motion to dismiss. After completing briefing and submitting affidavits and exhibits, the parties presented oral argument on both motions on January 17, 2020, and the court took the motions under advisement.

After a February 21 settlement conference did not result in a settlement, Mainstream Fashions asked to file supplemental briefing on the application of the Minnesota Franchise Act. The court permitted a supplemental brief of no more than five pages and allowed the defendants to respond. Before receiving that permission, however, Mainstream Fashions filed a second declaration from Corey DeNicola with sixteen additional exhibits totaling 73 pages.

Issue

The issue was whether the court would consider the second DeNicola declaration and its exhibits even though they were filed after the preliminary-injunction motion had been argued and submitted, and without specific permission to file those materials.

Reasoning

The court explained that, under the District of Minnesota’s local rules, a preliminary-injunction motion is a dispositive motion. The rules require supporting affidavits and exhibits to be filed at the same time as the motion papers and establish deadlines for the parties’ opening, opposition, and reply submissions. The court also explained that district courts have discretion to exclude untimely materials, including when a party has not shown an adequate reason for the late filing.

The court found that the second declaration was filed outside the required timetable, more than a month after the court took the motion under advisement. It also found that the declaration mostly offered additional factual assertions based on dated material that had been available before the January 17 hearing. The plaintiff’s letter requesting permission for supplemental briefing did not mention the declaration, and the declaration was filed before the court granted permission for the supplemental brief.

Ruling

Judge Susan Richard Nelson sustained the defendants’ objection. The court will not consider the second DeNicola declaration or any of its exhibits when evaluating Mainstream Fashions’ motion for a preliminary injunction. The order stated that Mainstream Fashions could still file supplemental briefing about the Minnesota Franchise Act under the court’s earlier order. This order did not decide the preliminary-injunction motion or the motion to dismiss.