GREGORY A. PRESNELL, District Judge.
This matter is before the Court on Plaintiff Allstate Insurance Company's ("Allstate") Emergency Motion for Temporary Restraining Order and Preliminary Injunctive Relief ("Motion for TRO and Preliminary Injunction") (Doc. 2).
This dispute arises out of agreements between Allstate and William Gardner and Linda Evans. Both Defendants had contracts
While it is not exactly clear when the split between the Allstate and the Defendants occurred, it appears as though it was around the beginning of 2014—it was around this time that Gardner e-mailed clients
To warrant a Temporary Restraining Order ("TRO") Plaintiff must demonstrate "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that entry of the relief would serve the public interest." Schiavo v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005) (citing Ingram v. Ault, 50 F.3d 898, 900 (11th Cir. 1995)). See also Hammock ex rel. Hammock v. Keys et al., 93 F.Supp.2d 1222, 1226-1227 (S.D. Ala. 2000). The standard for a preliminary injunction also applies to a request for a temporary restraining order. Morgan Stanley DW, Inc., v. Frisby, 163 F.Supp.2d 1371, 1374 (N.D. Ga. 2001) (citing Ingram, 50 F. 3d at 900)). A TRO is an extraordinary remedy, and is not warranted unless the Plaintiff has clearly met the four required elements. C.f., McDonald's Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998); Northeastern Fl. Chapter of the Ass'n of Gen. Contractors of Am. v. City of Jacksonville, Fla., 896 F.2d 1283, 1285 (11th Cir.1990).
Based on the Plaintiff's own exhibit (Doc. 1-7), it is clear that it knew of the alleged infringing activity no later than February 1, 2014, and perhaps before, as the tone of the e-mail implies a prior conversation between Mike and an Allstate agent. Now, at least three months later, Allstate asks for this Court to grant extraordinary relief by issuance of a TRO.
A TRO is only warranted where the Plaintiff demonstrates a substantial threat of irreparable injury. Tough Mudder, LLC v. Mad Cap Events, LLC, 6:12-CV-354-ORL-31, 2012 WL 1946073 at *2 (M.D. Fla. May 30, 2012) (addressing irreparable injury in context of preliminary injunction). Delay in seeking a TRO undercuts the proposition that there is a threat of irreparable injury. Id. In this case, the Plaintiff sent the Defendants at least three demand letters regarding the purported breach, one on March 11, 2014 to Gardner, then one to each Defendant on March 31, 2014, then the Defendants responded to the demand letter on April 7, 2014 setting forth their theory of the case. This exchange appears to be a relatively standard lead-up to litigation, which was initiated on May 1, 2014. Prior to the filing, each side took time to consider the issues and put forth reasoned correspondence. Despite Plaintiff's characterization of this as an "emergency," it is not—threat of irreparable injury has not been demonstrated and a TRO is not warranted. It is, therefore,