HOLME ROBERTS & OWEN LLP

Blaine J. Benard #5661

Eric G. Maxfield #8668

299 South Main Street, Suite 1800

Salt Lake City, Utah 84111-2263

Telephone: (801) 521-5800

Facsimile: (801) 521-9639

IMERGENT, INC., and

STORESONLINE, INC.,

Plaintiffs,

vs.

BUSINESS RECOVERY SERVICES, LLC

and BRIAN HESSLER,

Defendants.

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Case No. 090404631

Judge Samuel McVey

Upon reviewing and considering Plaintiffs' motion for temporary restraining order and

preliminary injunction, Plaintiffs' memorandum in support thereof dated December 23, 2009,

Plaintiffs' Submission of Documents dated January 8, 2010, Plaintiffs' Submission of Documents

in Support of Plaintiffs' Motion for Preliminary Injunction, dated January 27, 2010, containing

certain exhibits and declarations, and Defendants' opposition memorandum to Plaintiffs' motion

dated January 28, 2010, the Declaration of Eric G. Maxfield and accompanying exhibits, the

Declarations of David Rodriguez, Chris Spicer, and Brian Hessler, and any accompanying

exhibits thereto, the arguments of counsel and the proffers of evidence made at the hearing in

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this matter on January 29, 2010, and all other papers and proceedings on file in this action, the

Court does now hereby,

ORDER, ADJUDGE AND DECREE that:

1. The Temporary Restraining Order issued on December 23, 2009 expired by its

own terms ten days after its issuance;

2. The Court finds that Plaintiffs StoresOnline, Inc. and iMergent, Inc. have not met

their prima facie burden of establishing (1) that they will suffer irreparable harm without the

issuance of a preliminary injunction and (2) that they are likely to prevail on the merits, under

Rule 65A (e) of the Utah Rules of Civil Procedure;

3. Having found that Plaintiffs have not met their burdens of establishing the

elements of irrreparable harm and likelihood of prevailing on the merits, the Court does not make

any findings at this time with respect to whether Plaintiffs have established the remaining

grounds necessary to obtain a Preliminary Injunction under Rule 65A (e) of the Utah Rules of

Civil Procedure.

THEREFORE, IT IS ORDERED that, in accordance with Rule 65A of the Utah Rules of

Civil Procedure, Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

is DENIED.

DATED this _______________ day of February, 2010.

BY THE COURT

_______________________________________

Samuel D. McVey

District Court Judge
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I hereby certify that on the 5th day of February, 2010, I caused to be served a true and

correct copy of the foregoing [PROPOSED] ORDER DENYING MOTION FOR

PRELIMINARY INJUNCTION in the manner and addressed as follows:

U.S. Mail, postage prepaid

Utah State Courts