The Court declined to continue interim orders restraining defendants from moving blueberry plants, finding that while there was a serious question to be tried as to whether the defendant breached its obligation under cl 5.1(a)(ii) of the Partnership Agreement to deliver cuttings and rooted cuttings, there was no serious question that all blueberry material in the defendants' possession was partnership property. On the balance of convenience, the relief sought extended significantly beyond what the plaintiffs could obtain at trial, and the orders risked impacting the rights of a non-party (Next Progeny). The Court also declined to treat the application as one for preservation of evidence or freezing orders, as no such application had been filed.
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