LISA GODBEY WOOD, Chief District Judge.
Presently before the Court is Plaintiff's
To be eligible for a temporary restraining order ("TRO") under Rule 65 of the Federal Rules of Civil Procedure ("Rules"), a movant must establish each of the following elements: (1) he has a substantial likelihood of success on the merits; (2) he will suffer irreparable injury if the relief is not granted; (3) the threatened injury outweighs the harm that the proposed relief would inflict on the non-movant; and (4) if issued, the relief would not be adverse to the public interest.
In balancing these four factors, the court may employ a "sliding scale" by "balancing the hardships associated with the issuance or denial of a preliminary injunction with the degree of likelihood of success on the merits."
This case arises out of Defendants' alleged intentional dissemination of Plaintiff's confidential medical and psychiatric records.
Plaintiff brings many claims.
Because Plaintiff has demonstrated a substantial likelihood of success on the merits on some of his claims, the first factor weighs in favor of granting Plaintiff's motion.
Before the Court may issue a TRO, the plaintiff must show that—in the absence of a TRO—irreparable harm is not merely "possible" but "likely."
Plaintiff has not demonstrated that he will suffer irreparable injury if the requested relief is denied. First, other than to mount a defense, there is no indication that Defendants or their counsel will disseminate the confidential information imminently. In fact, there is no allegation that such information has been released in the past two (2) years. Second, the alleged harm is largely compensable through monetary relief.
The Court appreciates Plaintiff's dilemma. That is, according to Plaintiff, Defendants possess large amounts of confidential and sensitive information that has been released, at least in part. Plaintiff brought this suit to hold Defendants accountable for their alleged actions. However, one consequence of bringing this suit is that Defendants are entitled to counsel who are afforded access to all relevant information that might help them build a successful defense. Consequently, the second factor weighs in favor of denying Plaintiff's motion.
Plaintiff filed his motion for a TRO prior to serving process on Defendants. He also filed his motion ex parte. Consequently, Defendants have not received notice of Plaintiff's motion. Plaintiff maintains that he seeks a TRO ex parte and prior to service of process because he is requesting that Defendants be enjoined from disseminating Plaintiff's confidential medical information to Defendants' own attorneys, investigators, and insurance companies.
Because this instant motion is ex parte, the Court has not heard from Defendants concerning how the proposed TRO may harm them. The Court assumes, however, that granting Plaintiff's motion will deny Defendants adequate representation and the ability to determine their potential liability under this suit. Accordingly, the third factor weighs in favor of denying Plaintiff's motion.
Entry of Plaintiff's requested relief would not serve the public interest. In particular, the requested TRO would deny Defendants an ability to sufficiently defend themselves against the instant action. Such an outcome is inconsistent with public policy.
For the reasons stated above, the relevant considerations weigh in favor of denying Plaintiff's motion for a TRO. Accordingly, Plaintiff's Motion for an Ex Parte Temporary Restraining Order is
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