Oxford House, Inc. v. City of Dothan, Alabama
ORDER directing as follows: (1) the #4 MOTION for Temporary Restraining Order is DENIED; (2) a Status Conference and Scheduling Conference regarding the #4 motion for preliminary injunction is set for 10/6/2021 @ 3:00 PM by telephone before Honorable Judge R. Austin Huffaker Jr.; counsel shall contact chambers for the call-in number; (3) counsel for the plf shall immediately contact counsel for the def regarding this matter. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/4/2021. (djy, ) Modified on 10/4/2021 to clarify text to reflect as also furnished to calendar group & DH (qc/djy, ).
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF ALABAMA
OXFORD HOUSE, INC.,
A Delaware not for profit corporation
1010 Wayne Avenue Silver Spring,
CITY OF DOTHAN, ALABAMA,
an Alabama municipal corporation,
Case No. 1:21-cv-655-RAH
On October 4, 2021, Plaintiff Oxford House, Inc., filed a preliminary
statement/complaint (Doc. 1) against the City of Dothan along with motions for temporary
restraining order and preliminary injunction (Doc. 4), and a memorandum (Doc. 5) in
support of the motions.
A temporary restraining order should issue only where the moving party
demonstrates that (1) there is a substantial likelihood of success on the merits, (2) the
temporary restraining order is necessary to prevent irreparable injury, (3) the threatened
injury outweighs the harm the temporary restraining order would cause to the nonmoving
party, and (4) the temporary restraining order would not be adverse to the public interest.
Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032, 1034–35 (11th Cir. 2001).
Under Rule 65 of the Federal Rules of Civil Procedure, a temporary restraining
order may issue without notice to the nonmoving party only if (a) specific facts in an
affidavit or verified complaint show that the moving party will suffer immediate and
irreparable injury before the adverse party can be heard, and (b) the moving party certifies
in writing the efforts he has made to notify the nonmoving party and the reasons notice
should not be required. Fed. R. Civ. P. 65(b)(1).
Here, the Plaintiff has not met Rule 65(b)(1)'s requirements. In its motion, the
Plaintiff does not allege any concrete facts to support a finding that a temporary restraining
order is necessary to prevent immediate and irreparable injury before the Defendant can be
heard in opposition. Moreover, the Plaintiff has not submitted the certification required by
Rule 65(b)(1)(B). Because the motion fails scrutiny under Rule 65(b)(1), it is not necessary
to analyze the Parker elements.
Accordingly, it is ORDERED as follows:
(1) The Motion for a Temporary Restraining Order (Doc. 4) is DENIED;
(2) A status and scheduling conference regarding the motion for preliminary
injunction is SET on Wednesday, October 6, 2021, at 3:00 p.m. by telephone.
Counsel shall contact chambers for the call-in number.
(3) Counsel for the Plaintiff shall immediately contact counsel for the Defendant
regarding this matter.
DONE on this the 4th day of October, 2021.
/s/ R. Austin Huffaker, Jr.
R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?