UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

FOUNDATION FOR “A COURSE IN 		)
MIRACLES”, INC., a not for profit 			)
New York corporation, and 				)
FOUNDATION FOR INNER PEACE, INC., 	)
a not for profit New York corporation,		)	Civil Action No. 
							)
				PLAINTIFFS		)
							)
vs.							)
							)
COURSE IN MIRACLES SOCIETY,		)
							)
				DEFENDANT.	)

PLAINTIFFS’ MOTION FOR
TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF

		Plaintiffs, Foundation for A Course in Miracles (“FACIM”) and Foundation for Inner Peace (“FIP”), move the Court for a temporary restraining order pursuant to Rule 65 of the Federal Rules of Civil Procedure.  A memorandum and affidavit in support of this motion and a proposed order are tendered herewith.

						Respectfully submitted,

						__________________________________________
						K. Gregory Haynes, Esq.
						William H. Hollander, Esq.
						Michelle D. Wyrick, Esq.
						WYATT TARRANT & COMBS
						Citizens Plaza
						Louisville, KY  40202-2898
						(502) 589-5235
						Attorneys for Plaintiffs Foundation for Inner Peace, Inc. and Foundation for A Course in Miracles, Inc.

Of Counsel:
John J. Rosenberg, Esq.  Sanford J. Hodes, Esq.  EPSTEIN BECKER & GREEN, P.C. The Legal Center One Riverfront Plaza, 7th Floor Newark, New Jersey  07102 (973) 642-1900

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

FOUNDATION FOR “A COURSE IN 		)
MIRACLES”, INC., a not for profit 			)
New York corporation, and 				)
FOUNDATION FOR INNER PEACE, INC., 	)
a not for profit New York corporation,		)	Civil Action No. 
							)
				PLAINTIFFS		)
							)
vs.							)
							)
COURSE IN MIRACLES SOCIETY,		)
							)
				DEFENDANT.	)

TEMPORARY RESTRAINING ORDER

		This Motion for a Temporary Restraining Order (“Motion”), filed on behalf of Plaintiffs, Foundation for A Course in Miracles, Inc. and Foundation for Inner Peace, Inc. (collectively the “plaintiffs”), came before the Court for consideration.  This Court has considered the pleadings and papers filed in support of the application and the oral argument of the parties (if any).  For good cause shown by the plaintiffs,
		IT IS HEREBY ORDERED:

1.		That this Court has subject matter jurisdiction over plaintiffs’ claim of copyright infringement pursuant to 28 U.S.C. §§ 1331, 1367(a), 1338(a) and 1338(b)
2.		The Court has personal jurisdiction over the defendant because defendant  has committed the acts complained of in the Complaint within this judicial district and is doing business within the State of Kentucky.
3.		The temporary restraining order requested by plaintiffs is appropriate and necessary.
4.			Pursuant to 17 U.S.C. §§502, 503(a), and 512(j)(1), and Fed. R. Civ. Pro. 6(b) that upon plaintiffs posting of a bond in the amount of $_________; a temporary restraining order shall issue and enjoin defendant, and any person in concert or participation with it or acting at its direction or control, from directly or indirectly infringing any of the copyrights in A Course in Miracles (or any version or portion thereof), in any manner, including, without limitation, by printing, creating electronic versions of, posting copies on the Internet, otherwise reproducing, creating derivative works (including translations), displaying, manufacturing, printing, reprinting, publishing, vending, taking orders, distributing, gifting, transferring, selling, licensing, promoting, advertising, or otherwise exploiting any infringing copies of A Course in Miracles (or any version or portion thereof), or by causing or participating in any such acts. 
5.		Defendant is required to: (a) immediately recall from all of its customers, contacts, site viewers, and any other entity or individual any infringing copy of A Course in Miracles (or any version or portion thereof), or any portion thereof; (b) to remove the order form, download links, and any other infringing materials from public display; (c) to immediately stop distributing, copying or printing, in any manner or form, A Course in Miracles (or any version or portion thereof); and (d) to deliver all of said materials and all other infringing materials created or used by defendant to plaintiffs which shall retain said products in a safe place during the pendency of this case.  
6.		Defendant is required to provide within fifteen days of the date of this order, an affidavit from an officer that it: (a) has complied with this temporary restraining order; (b) describing in detail the specific measures it has taken to comply, and to insure that others acting in concert with or participating in its infringing activities have and will comply with this temporary restraining order; (c) inventorying all materials it has created that contain infringing copies of A Course in Miracles (or any version or portion thereof) and providing an accounting of its records to identify the amount of infringing copies sold or distributed; and (d) identifying all entities or persons to whom defendant has distributed materials containing copies or any portion of A Course in Miracles (or any version or portion thereof).
7.		Defendant is restrained from continuing to solicit orders on the Internet, by email or any other means.
8.		This Court shall conduct hearings or proceedings in this matter as shall be directed by further order of this Court.
		ENTERED this _____ day of April, 2000.

						__________________________________________
						UNITED STATES DISTRICT JUDGE

bz4tn012.WPD