King et al v. Board of Trustees of the Carpenters Health Fund of West Virginia

Filing 17

ORDER granting 4 Motion for TRO. Signed by Judge Michael R. Barrett on 5/13/13. (lk)

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION (CINCINNATI) JAMES KING, et ah, CASE NO.: l:13-cv-00306-MRB Plaintiffs, JUDGE: Hon. Michael R. Barrett vs. BOARD OF TRUSTEES OF THE ORDER CARPENTERS HEALTH FUND OF WEST VIRGINIA Defendants. TEMPORARY RESTRAINING ORDER This matter is before theCourt on Plaintiffs' Motion for and a Memorandum in Support ofa Temporary Restraining Order ("TRO Motion"). (Docs. 4 and 5). In support of that TRO Motion, Plaintiffs have filed a Complaint forInjunctive Reliefas well as certified affidavits. (See Docs. 1,4, and 5). OnMay 13,2013, theCourt held a hearing ontheTRO Motion during which both Plaintiffs and Defendants presented evidence and argument. Under Federal Rule ofCivil Procedure 65,injunctive reliefisanextraordinary remedy whose purpose is to preserve the status quo. In determining whether to grant or deny a temporary restraining order, this Court must consider four factors: (1) whether the movant has a strong likelihood ofsuccess on the merits; (2) whether the movant would suffer irreparable injury without the injunction; (3) whether issuance ofthe injunction would cause substantial harm to others; and (4) 1