Barnett v. United States Tennis Association

Filing 3

ORDERED that: (1) plaintiff's 1 Motion for Temporary Restraining Order is denied; (2) plaintiff is required to file a brief addressing all salient points of law and arguments relevant to the requested injunctive relief, including the jurisdict ional issue raised by this Court, by no later than 2:00 p.m. on Thursday, November 19, 2009; and (3) a telephone status conference is set in this case for Friday November 20, 2009 at 10:00 a.m. The court will initiate the telephone conference call. If plaintiff will not be reachable at the telephone number provided to the court at that time, he is directed to file a notice indicating the telephone number at which he will be reachable at that time. Signed by Hon. Chief Judge Mark E. Fuller on 11/17/09. (sl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION K E N N E T H W. BARNETT, P l a in tif f , v. U N IT E D STATES TENNIS A S S O C IA T IO N , D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1060-MEF (W O - DO NOT PUBLISH)

ORDER T h is cause is before the Court on the Plaintiff's Motion for Temporary Restraining O rd e r, contained in Plaintiff's Complaint (Doc. #1). Plaintiff asserts that the United States T e n n is Association ("USTA" or "Defendant") denied him due process and slandered him by s u s p e n d in g Plaintiff from all USTA Southern and USTA Alabama tennis leagues through 2 0 1 0 for conduct "detriment[al] to league tennis play." Plaintiff requests a temporary re stra in in g order staying the USTA sanctions and allowing him to play tennis. Given the c la im s asserted and that USTA is likely not a state actor, the Court doubts it has subject m a tt e r jurisdiction to hear this matter. However, assuming arguendo that the Court has ju ris d ic tio n , the Court finds that Plaintiff failed to clearly show that he would suffer irre p a ra b le harm before Defendant can be heard in opposition.1 Therefore, it is hereby

"The court may issue a temporary restraining order without . . . notice to the adverse party . . . only if (A) specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard

1

O R D E R E D that: (1 ) Plaintiffs' Motion for Temporary Restraining Order is DENIED; (2 ) Plaintiff is required to file a brief addressing all salient points of law and a rg u m e n ts relevant to the requested injunctive relief, including the jurisdictional issue raised b y this Court, by no later than 2:00 p.m. on Thursday, November 19, 2009; and (3 ) A telephone status conference is set in this case for Friday, November 20, 2009, a t 10:00 a.m. The Court will initiate the telephone conference call. If Plaintiff will not be re a c h a b le at the telephone number provided to the Court at that time, he is DIRECTED to f ile a notice indicating the telephone number at which he will be reachable at that time. P la in tif f shall be prepared to discuss whether this Court has subject matter jurisdiction and to argue his request for preliminary injunctive relief, contained in his Complaint (Doc. #1), d u rin g this telephone conference. D O N E this the 17th day of November, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

in opposition . . . ." Fed. R. Civ. P. 65(b)(1) (emphasis added). 2