In Bally Total Fitness Holding Corp. v. Liberation Investments, LP. , download file, the U.S. District Court for the District of Delaware, in response to a request for preliminary injunction, entered an order that required plaintiff to provide a letter to defendants setting forth the disclosures it contended that defendants failed to make in violation of Sections 13(d) and 14(a) of the Securities Act of 1934 and which the plaintiff would pursue at a preliminary injunction hearing. The plaintiff complied with that order by sending a letter, and submitted a Revised Preliminary Proxy Statement in which they set forth verbatim all the allegations of insufficient disclosures that plaintiff had listed, and also included their responses to plaintiff’s allegations. The court ruled that a preliminary injunctions based on a violation of a disclosure provision of the Securities Exchange Act of 1934 is precluded when defendant cures the alleged defects and disclosure because such a cure would eliminate the necessary showing of irreparable harm. In the context of a Motion for Preliminary Injunction, where there is a good faith dispute as to the facts or an alleged legal violation, disclosure of the dispute is sufficient to cure the alleged defects. The court determined therefore that a preliminary injunction proceeding would not be necessary.