NOT FOR PUBLICATION

ORDER ON APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

ROBERT KWAN, Bankruptcy Judge.

TO THE PARTIES TO THIS ADVERSARY PROCEEDING:

The court has reviewed plaintiff's application for temporary restraining order and order to show cause re: preliminary injunction. Based on the evidentiary showing in this application, the court is not inclined to issue a temporary restraining order on an emergency basis ex parte or to issue an order to show cause re: preliminary injunction because the court does not find that the evidentiary showing is sufficient to demonstrate a likelihood of success on the merits in the adversary proceeding, including a reasonable likelihood of a successful reorganization in the underlying bankruptcy case, and that irreparable injury is about to occur absent preliminary injunctive relief. See, e.g., In re Excel Innovations, Inc., 502 F.3d 1086, 1093-1096 (9th Cir. 1987). Accordingly, the application for temporary restraining order and for order to show cause re: preliminary injunction is denied without prejudice. However, leave is granted for debtor to file and serve a motion for preliminary injunction on regular notice under Local Bankruptcy Rule 9013-1 and to have the motion specially set for a hearing of more than 15 minutes in length by contacting the courtroom deputy for date and time which would be convenient for counsel and the court.

IT IS SO ORDERED.