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lwpat, Attorney
Category: Business Law
Satisfied Customers: 25387
Experience:  Attorney with over 35 years of business experience.
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When filing an Injunction against another business entity,

Resolved Question:

When filing an Injunction against another business entity, do you have to already be in litigation with that entity (lawsuit) or can one entity just file against another to prohibit some future activity? In Ohio, in what court entity (municipal or common pleas) would such motion be filed? Are these difficult to obtain?
Submitted: 6 years ago.
Category: Business Law
Expert:  lwpat replied 6 years ago.
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You have not provided sufficient information to provide a complete answer. Since they have complied, you do not have a cause of action until such time as they do something again. If you have something in writing threatening such action, then you could file in court for a Temporary Restraining Order and a Permanent Injunction. These are fairly hard to obtain so you would need to retain an attorney to file for you. You are not required to release any information to them unless they serve you with a subpoena.
Customer: replied 6 years ago.
The entity requesting the information is a 501(c)3 organization, as is the respondant. Is a subpoena still needed to compel the respondent to disclose. If not, what level of dislosure is sufficient?

organization 1 discloses on a 990 return that it provides health care benefits to the needy.
organization 2 asks 1 for 5 names, numbers, addresses, and level benefit given to these 5 induviduals. Is organization 1 required to turn over this information to number 2 in the requested detail? Does organization number one have to disclose information to number two that directly consists of its members or their personal information? ...(phone numbers, address, etc..) Does it make any difference if the information being requested involves minors?... (persons under the age of 18)
Expert:  lwpat replied 6 years ago.
Another private organization, even a nonprofit, cannot compel the information without a subpoena. They can request that the attorney general conduct an investigation.
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