In Bally Total Fitness Holding Corp. v. Liberation Investments, L.P., et al., download file, the U.S. District Court for the District of Delaware denied as moot a motion for injunctive relief concerning a proxy statement that was alleged to be misleading and materially false. At a TRO hearing, the plaintiff told the court that it was converting its pleadings into a motion for a preliminary injunction. The court ordered the plaintiff to specify the aspects of the proxy that were allegedly false and/or misleading. Notwithstanding expedited proceedings, the defendant prepared a “revised preliminary proxy statement” that stated verbatim all the alleged disclosure problems and the responses to each. The Court determined that in the context of a motion for preliminary injunction, where there is a good faith factual dispute as to the alleged violations, disclosure of the dispute is sufficient to cure the alleged defects, because it eliminates the element of irreparable harm.