and if the Board properly requests release of the funds to Line as constituted, the funds should be released. Moreover, since Aleksa has attached a copy of the Resolutions appointing her as interim CEO and President and terminating Bado as CEO and President and his interests from the Board, unless otherwise proven to be deficient, the Resolutions are binding. (See Pl. Aff. Exh. B.)
However, the propriety of the Shareholder Meeting, the proper constitution of the Board of Directors, the Board's consent to the release of the funds and the validity of Aleksa's position as CEO and President, should be properly established before relief is issued, particularly in light of the heightened standard applicable in this case — substantial likelihood of success on the merits — because Line requests full relief in the Order to Show Cause. See Johnson, 860 F.2d at 540. Besides conclusory allegations and accusations, Line has not put before the Court a sufficiently persuasive factual or legally documented record of its entitlement to the money. For instance, neither the notice of the Shareholder Meeting or Line's by-laws, which would assist the Court in determining whether all corporate regulations have been complied with, have been submitted to the Court. More fundamentally, the veracity of Line's representations are disputed. A preliminary injunction will not be awarded unless the rights of the parties are "indisputably clear." Brown v. Gilmore, 533 U.S. 1301, 1303 (2001); Turner Broad. Sys. Inc. v. Fed. Communications Comm'n, 507 U.S. 1301, 1303 (U.S. 1993); Rosemont Enterp. v. Random House Inc., 366 F.2d 303, 311 (2d Cir. 1966) ("A preliminary injunction is always a drastic remedy and the one seeking to invoke such stringent relief is obliged to establish a clear and compelling legal right thereto based upon undisputed facts.") (internal quotation omitted). Here, there is substantial dispute as to the propriety of Aleksa's control of Line. Therefore, these issues should be resolved before an injunction may be granted.
Accordingly, it is hereby
ORDERED that Line's request for injunctive relief expressed in the Order to Show Cause discussed herein is denied for failure to make a proper showing of irreparable harm; and it is further
ORDERED that, if they still wish to intervene in this case, the State Court Plaintiffs submit a motion to intervene pursuant to Rule 24(a)(2) of the Fed.R.Civ.P., with an accompanying memorandum of law, addressing the applicability of the legal standards to their proposed grounds for intervening in this case, and the basis for this Court's jurisdiction if the State Court Plaintiffs are allowed to intervene in light of the complete diversity of jurisdiction rule, Strawbridge v. Curtiss, 7 U.S. 267 (1806), and 28 U.S.C. § 1367; and it is further
ORDERED that the State Court Plaintiffs submit their motion to intervene on or before June 13, 2003 and that the parties confer and submit to the Court for approval a briefing schedule for any opposition and reply briefs the parties intend to file.