UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : OLIVE BRANCH ENTERPRISES, INC., : : Plaintiff, : : 25-CV-240 (VSB) -against- : : ORDER AMAZON.COM SERVICES, INC., : : Defendant. : : --------------------------------------------------------- X VERNON S. BRODERICK, United States District Judge: On January 10, 2025, Plaintiff Olive Branch Enterprises, Inc. filed an application for a temporary restraining order (“TRO”) seeking to enjoin Defendant Amazon.com Services, Inc. from destroying Plaintiff’s merchandise. (Doc. 2.) On January 14, 2025, I held a conference with the parties to the above-titled action. In light of the representations made on the record by counsel, I find that an imminent threat of irreparable harm does not exist at this time, which ends the TRO inquiry. See Reuters Ltd. v. United Press Int’l, Inc.,

(2d Cir. 1990) (“[I]rreparable harm is the single most important prerequisite for the issuance of [injunctive relief, and] the moving party must first demonstrate that such injury is likely before the other requirements for the issuance of an injunction will be considered.” (internal quotation marks omitted)). Plaintiff’s motion for a TRO is hereby DENIED. The Clerk of Court is respectfully directed to close the open motion at Docket Entry 2. In accordance with my remarks at the conference, the parties are directed to meet and confer. By January 17, 2025, the parties are directed to submit a joint letter addressing whether the claims raised in this action should be addressed in arbitration or before this court. If the parties plan to continue in this court, the parties shall submit a stipulated briefing schedule for to the status of Plaintiffs property that is the subject of the injunctive relief claim, (see Doc. 1 at 19-20), or otherwise state its inability to so attest. SO ORDERED. Dated: January 14, 2025 f . : New York, New York □□ EAAUSD, Bud pay Vernon S. Broderick United States District Judge