Charles Alan Wright

As defendant has explained, and plaintiff cannot dispute, a party addressing only issues of prelim relief should not ordinarily be bound by its abbreviated and only partially informed presentation of the merits.

11a Charles Allen Wright and Arthur R. Miller Federal Practice, 3rd edition, April 2026.

Yet if plaintiff obtains all the relief she seeks in this lawsuit, the prelim injunction stage, defendant will have effectively been bound to those arguments.

To be sure, defendant has submitted additional points and explanations during the show cause phase of proceedings.

As defendant has explained, and plaintiff cannot dispute, a party addressing only issues of prelim relief should not ordinarily be bound by its abbreviated and only partially informed presentation of the merits.

11A Charles Allen Wright and Arthur R. Miller Federal Practice, 3rd edition, April 2026.

Yet if plaintiff obtains all the relief she seeks in this lawsuit, the prelim injunction stage, defendant will have effectively been bound to those arguments.

To be sure, defendant has submitted additional points and explanations during the show cause phase of proceedings.