PLAINTIFFS’ MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND REQUEST FOR 

PRELIMINARY INJUNCTION HEARING- Page 1

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISCTRICT OF TEXAS 

WACO DIVISION 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

JTH TAX, LLC d/b/a LIBERTY TAX SERVICE,

and 

SIEMPRETAX, LLC, 

Plaintiffs, 

v. 

MICKEY WHITE, 

and 

NATTY’S TAX SERVICE, 

Defendants. 

x

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

Case No: 6:20-cv-140-ADA

PLAINTIFFS’ MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND 

REQUEST FOR PRELIMINARY INJUNCTION HEARING 

Plaintiffs JTH Tax, Inc. d/b/a Liberty Tax Service (“Liberty”) and SiempreTax+, LLC 

(“SiempreTax”) (collectively, “Plaintiffs”) file this Motion for Entry (the “Motion”) of Temporary 

Restraining Order and Request for Preliminary Injunction Hearing, and would show the Court as 

follows: 

1. On May 13, 2020, the Court hearing Plaintiffs’ Application for Temporary 

Restraining Order (the “TRO Application”) [Doc. No. 22]. At the hearing, the Court considered 

the arguments of Plaintiffs’ counsel and Defendant Mickey White d/b/a Natty’s Tax Service 

(“White”) and made certain rulings on the TRO Application based upon White’s representations 

in open court. See Minute Entry [Doc. No. 25]. 

Case 6:20-cv-00140-ADA Document 27 Filed 06/02/20 Page 1 of 4
PLAINTIFFS’ MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND REQUEST FOR 

PRELIMINARY INJUNCTION HEARING- Page 2

2. On May 22, 2020, Plaintiffs’ counsel sent a copy of a proposed order reflecting the 

Court’s rulings on the TRO Application. See Exhibit A, e-mail from Nathan Pearman to Mickey 

White dated May 22, 2020. Plaintiffs’ counsel also requested that Mr. White agree to the terms of 

the TRO as an Agreed Preliminary Injunction, since Mr. White represented that he was not using 

Plaintiffs’ trademarks, customer lists, or customer files. The Court also ordered Mr. White to 

return Plaintiffs’ Operation Manuals, and to refrain from contacting or soliciting any of Liberty’s 

customers. See id.; Minute Entry [Doc. No. 25]. 

3. Mr. White refused to agree to the form of the proposed order or to agree to any 

preliminary injunction terms. See Exhibit B, email from Mickey White to Nathan Pearman, dated 

May 22, 2020. Mr. White, among other things, refused to agree to the required findings of 

likelihood of success on the merits and irreparable harm, stating that “[a]ll terms and mentions of 

being right must be removed as well as mentions of undue harm and files must be picked up 

otherwise I will not agree.” See id. Mr. White also mischaracterized the Court’s rulings, stating 

that “Liberty is . . . trying to make it seems like court believes they will prevail yet in court they 

got nothing they ask for other than me to agree not to use trademarks that I already destroyed long 

before then anyway.” See id.

4. Mr. White has, accordingly, refused to agree to any order regarding the Court’s 

rulings on the TRO Application and to agree to a preliminary injunction on the same terms as the 

TRO. While Plaintiffs would like to avoid a preliminary injunction hearing that would be largely 

duplicative of the issues addressed before the Court on May 13, 2020, to date Plaintiffs have not 

received their Operation Manuals back from Mr. White and have not received confirmation that 

Mr. White has destroyed any remaining customer lists and Liberty trademarks in his possession. 

Case 6:20-cv-00140-ADA Document 27 Filed 06/02/20 Page 2 of 4
PLAINTIFFS’ MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND REQUEST FOR 

PRELIMINARY INJUNCTION HEARING- Page 3

5. Mr. White further stated that “trying to intimate [sic] me by mentioning another 

hearing doesn’t work,” apparently not understanding that the order contains the required findings 

for the Court’s ruling on a temporary restraining order and/or preliminary injunction. See Exhibit 

C, email from Mickey White to Nathan Pearman, dated May 22, 2020. Plaintiffs merely want the 

terms of the Court’s order on May 13, 2020, memorialized so that Plaintiffs may move forward on 

their claims. 

CONCLUSION 

Plaintiffs would like to avoid a preliminary injunction hearing and reach agreement with 

Mr. White on the same terms as the TRO. Accordingly, Plaintiffs request that the Court enter the 

proposed TRO and set Plaintiffs’ Application for Preliminary Injunction [Doc. No. 22] for hearing 

before the Court. Plaintiffs further request such other and further relief to which they show 

themselves justly entitled. 

Respectfully submitted June 2, 2020. 

GORDON REES SCULLY MANSUKHANI, LLP 

By: /s/ Nathan D. Pearman

Kirstie Simmerman

Texas Bar No. 24083858 

ksimmerman@grsm.com

Nathan D. Pearman 

Texas Bar No. 24074872 

npearman@grsm.com

2200 Ross Avenue, Suite 3700 

Dallas, Texas 75201 

214-231-4660 

214-461-4053 (Facsimile) 

Attorneys for Plaintiffs 

Case 6:20-cv-00140-ADA Document 27 Filed 06/02/20 Page 3 of 4
PLAINTIFFS’ MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND REQUEST FOR 

PRELIMINARY INJUNCTION HEARING- Page 4

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on June 2, 2020, the foregoing Motion for Entry was filed with 

the Clerk of Court using the CM/CMF system, and Defendant Mickey White d/b/a Natty’s Tax 

Service was served via electronic mail at mcwbjcw@gmail.com and via FedEx, Tracking 

#393258558495, at 212 CR 206A, Cameron, Texas 76520. 

/s/ Nathan D. Pearman 

Nathan D. Pearman 

CERTIFICATE OF CONFERENCE 

I HEREBY CERTIFY that on May 22, 2020, I conferred with Mr. White regarding the 

issues identified in this Motion for Entry, including the terms of the Temporary Restraining Order 

and the proposed agreed Preliminary Injunction terms. As set forth in Exhibits A and B, Mr. White 

would not agree to any of the relief requested. 

/s/ Nathan D. Pearman 

Nathan D. Pearman 

Case 6:20-cv-00140-ADA Document 27 Filed 06/02/20 Page 4 of 4