Thymes v. Sans Chevaux Investments, LLLC, 18-0867. (2018)
Court: District Court, W.D. Louisiana
Number: infdco20180806878
Visitors: 5
Filed: Aug. 01, 2018
Latest Update: Aug. 01, 2018
Summary: MEMORANDUM ORDER S. MAURICE HICKS, JR. , Chief District Judge . Before the Court is Plaintiff's Amended Complaint (Record Document 13), wherein he seeks immediate injunctive relief. 1 To obtain a temporary restraining order or a preliminary injunction, Plaintiff would have to show (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury absent an injunction, (3) that the threatened injury would exceed any harm that would flow from the injunction
Summary: MEMORANDUM ORDER S. MAURICE HICKS, JR. , Chief District Judge . Before the Court is Plaintiff's Amended Complaint (Record Document 13), wherein he seeks immediate injunctive relief. 1 To obtain a temporary restraining order or a preliminary injunction, Plaintiff would have to show (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury absent an injunction, (3) that the threatened injury would exceed any harm that would flow from the injunction,..
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MEMORANDUM ORDER
S. MAURICE HICKS, JR., Chief District Judge.
Before the Court is Plaintiff's Amended Complaint (Record Document 13), wherein he seeks immediate injunctive relief.1 To obtain a temporary restraining order or a preliminary injunction, Plaintiff would have to show (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury absent an injunction, (3) that the threatened injury would exceed any harm that would flow from the injunction, and (4) that the injunction would not undermine the public interest. See Byrum v. Landreth, 566 F.3d 442, 445 (5th Cir. 2009). Because Plaintiff has failed to make such a showing, his request for immediate injunctive relief is DENIED.
The record reflects that all Defendants except L'Auberge Casino & Hotel and Does 1 Thru 25 have been served. See Record Documents 6 and 7. Plaintiff is hereby ordered to serve these remaining Defendants in accordance with the Federal Rules of Civil Procedure, and to file proof of such service in the record. Once all the Defendants have appeared, the Court will take up further proceedings regarding any potential claim for further injunctive relief.
FootNotes
1. Although Plaintiff's motion is titled "Motion for Preliminary Injunction," Plaintiff does not specifically request a preliminary injunction. He does not state whether he seeks a temporary restraining order, a preliminary injunction, or a permanent injunction. Plaintiff only prays for an "immediate injunction." Record Document 12 at 9. Whether Plaintiff requests a temporary restraining order or preliminary injunction is immaterial — he must establish the same four prerequisites.
Source: Leagle
