Le et al v. ArciTerra Group, LLC

Filing 7

ORDER denying 1 Motion for Temporary Restraining Order. Signed by Judge William Keith Watkins on 12/12/07. (sl, )

Le et al v. ArciTerra Group, LLC

Doc. 7

Case 2:07-cv-01070-WKW-CSC

Document 7

Filed 12/12/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T H U Y TRONG LE, et al., P l a i n t if f s , v. A R C IT E R R A GROUP, LLC, D e f e n d a n t. ) ) ) ) ) ) ) ) ) ORDER B e f o re the court is the Verified Complaint and Motion for Temporary Restraining O rd e r (Doc. # 1) filed by plaintiffs Thuy Trong Le and Kim Chi Vo d/b/a Nail Studio and S p a . The motion for a temporary restraining order is DENIED. Federal Rule of Civil Procedure 65 (b) states that a temporary restraining order may b e granted only if "it clearly appears from specific facts shown by affidavit or by the verified c o m p la in t that immediate and irreparable injury, loss, or damage will result to the applicant b e f o re the adverse party . . . can be heard in opposition." "An injury is `irreparable' only if it cannot be undone through monetary remedies." Ferrero v. Associated Materials, Inc., 923 F .2 d 1441, 1449 (11th Cir.1991) (quoting Cate v. Oldham, 707 F.2d 1176, 1189 (11th C ir .1 9 8 3 )) . The court finds the plaintiff fails to demonstrate that an immediate and irreparable in ju ry will occur before a hearing on the preliminary injunction can be held. In the present c a s e , plaintiffs have not offered evidence that they will suffer any harm beyond monetary loss

C A S E NO. 2:07-cv-1070-WKW (WO)

Dockets.Justia.com

Case 2:07-cv-01070-WKW-CSC

Document 7

Filed 12/12/2007

Page 2 of 2

if the temporary restraining order is not issued. Accordingly, it is hereby ORDERED that p la in tif f s ' Motion for Temporary Restraining Order (Doc. # 1) is DENIED. D O N E this 12th day of December, 2007. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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