U.S. D.I.D. Corp. v. Windstream Communications, Inc.

DRONEY, Circuit Judge:

This appeal presents the question of whether a defendant may recover costs and damages from security posted by a plaintiff in obtaining a temporary restraining order (“TRO”), even though the plaintiff later filed a notice of voluntary dismissal without prejudice, preventing a final adjudication on the merits. The U.S. District Court for the Southern District of New York (Furman, Judge) granted Plaintiff-Appellant U.S. D.I.D. Corp. (“D.I.D.”) a TRO against Defendant-Ap-pellee Windstream Communications, Inc. (“Windstream”). In doing so, the district court required D.I.D.…