IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION (CINCINNATI)

SLS FRANCHISE SYSTEMS, LLC,

Plaintiff,

v.

D & P Inman, LLC f/k/a SLS Inman, 

L.L.C. f/k/a Scotts LawnService, L.L.C., et

al.,

 Defendants.

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Case No. 1:17-cv-00136

Judge Michael R. Barrett

Magistrate Judge Stephanie K. Bowman

TEMPORARY RESTRAINING ORDER

This matter is before the Court on Plaintiff's Motion for Temporary Restraining Order 

(Doc. 3). Upon review and for cause shown, the Court ORDERS that, pending further Order of 

this Court, Defendants D&P Inman, LLC f/k/a SLS Inman, L.L.C. f/k/a Scotts LawnService, 

L.L.C. ("D&P"), Legacy Lawn, LLC d/b/a Legacy Lawns ("Legacy Lawns"), and Dwight 

Knackstedt, Pamela Knackstedt, and Tyler Knackstedt (the "Knackstedt Defendants")

(collectively "Defendants"), their directors, officers, agents, servants, employees, and attorneys, 

and all others in active concert or participation with them are:

1. Prevented from engaging in any business competitive with or similar to, a

business involving the provision or sale of lawn care services, including 

seeding, fertilization, aeration, weed control, lawn pest control, lawn 

disease control or lawn repair, within the following zip codes in Kansas: 

67583, 67514, 67566, 67570, 67543, 67581, 67568, 67573, 67512, 67510,

67579, 67561, 67524, 67427, 67444, 67554, 67501, 67505, 67502, 67522,

67546, 67457, 67491, 67464, 67442, 67425, 67020, 67056, 67062, 67107,

67460, 67456, 67416, 67443, 67428, 67476, 67114, 67117, 67151, 67401,

67448, and 67470;

2. Ordered to comply with the following post-termination obligations in 

Section 13.1 of the Franchise Agreement: 

(a) cease using in any manner whatsoever, any equipment, materials, 

confidential methods, procedures and techniques associated with the 

Scotts LawnService system; 

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(b) make modifications or alterations to the trucks and lawn care 

equipment used in Defendants' previous Scotts LawnService business as 

may be necessary to cease utilizing any trade dress, designation of origin, 

description or representation which falsely suggests or represents an 

association or connection with Scotts LawnService; 

(c) turn over to SLS all manuals, including the operations manual and the 

software sublicensed, if any, to Defendants by SLS; 

(d) turn over to SLS all customer lists and customer records in all forms 

and media, computer files, records, files, instructions, correspondence, and 

materials including, without limitation, brochures, agreements, disclosure 

statements and any and all other materials relating to Defendants’ former 

Scotts LawnService business in their possession including all copies 

thereof; and 

(e) assign to SLS or its designee all telephone numbers previously 

associated with D&P and the Knackstedt Defendants' Scotts LawnService 

business, including, but not limited to, 620-585-2378; and 

3. Prohibited from soliciting, contacting, diverting or attempting to divert any of the 

Defendants' former 877 customers that it sold to SLS to any competitor, including 

Legacy Lawns, by direct or indirect inducement or otherwise, or to perform, 

directly or indirectly, any other act injurious or prejudicial to the goodwill 

associated with SLS’s name, advertisements, reputation, goodwill, intellectual 

property, or Business System.

Pursuant to Section 15.1 of the Franchise Agreement between the parties, no bond 

is required in this matter. 

This Order is entered on March 20, 2017 and shall expire within 14 days of this 

date, unless further extended for cause shown or agreement of the Parties. This matter shall be 

set for a Preliminary Injunction hearing before the Honorable Michael R. Barrett. A telephonic 

status conference is set in this case for March 27, 2017 at 3:30 p.m. 

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IT IS SO ORDERED.

__________________________ 

Michael R. Barrett, Judge 

United States District Court

s/Michael R. Barrett

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