Filed: Oct. 31, 2019
Latest Update: Oct. 31, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff NCH Healthcare System, Inc.'s Motion for Temporary Injunction (Doc. 6). NCH filed this Motion in state court before Defendant The Leapfrog Group removed the case here. (Docs. 1; 6). While labeled a "Motion for Temporary Injunction," the Court construes this as a motion for temporary restraining order ("TRO"). 2 At this time, the Motion is denied without prejudice for several reasons. First, the Motion does n
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Plaintiff NCH Healthcare System, Inc.'s Motion for Temporary Injunction (Doc. 6). NCH filed this Motion in state court before Defendant The Leapfrog Group removed the case here. (Docs. 1; 6). While labeled a "Motion for Temporary Injunction," the Court construes this as a motion for temporary restraining order ("TRO"). 2 At this time, the Motion is denied without prejudice for several reasons. First, the Motion does no..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Plaintiff NCH Healthcare System, Inc.'s Motion for Temporary Injunction (Doc. 6). NCH filed this Motion in state court before Defendant The Leapfrog Group removed the case here. (Docs. 1; 6). While labeled a "Motion for Temporary Injunction," the Court construes this as a motion for temporary restraining order ("TRO").2 At this time, the Motion is denied without prejudice for several reasons.
First, the Motion does not comply with the Federal or Local Rules. (Doc. 6). Next, the Motion was filed in state court, which applies a slightly different legal standard than federal court. Compare Brown v. Fort Myers Reef Acquisitions, LLC, No. 2:19-cv-739-FtM-29MRM, 2019 WL 5168657, at *1 (M.D. Fla. Oct. 15, 2019), with Gainesville Woman Care, LLC v. State, 210 So.3d 1243, 1258 (Fla. 2017). And finally, this Court is unsure whether it has jurisdiction. Leapfrog removed the case on October 30, 2019. (Doc. 1). Immediately, the Court issued an Order to show cause why the case should not be remanded for lack of jurisdiction. (Doc. 3). Because the Court does not know if jurisdiction exists, it cannot enter a TRO.
For those reasons, the Court denies the Motion without prejudice.
Accordingly, it is now
ORDERED:
Plaintiff's Motion for Temporary Injunction (Doc. 6) is DENIED without prejudice.
DONE and ORDERED.
