Swiler v. RSJ Ventures, LLC

Filing 39

ORDERED: Plaintiff's Renewed Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 37) is DENIED in part as to its request for a TRO. The request for preliminary injunction remains under advisement. On or before January 17, 2025, Defendant must respond to Plaintiff's request for preliminary injunction. The Court will set a preliminary-injunction hearing by separate notice. Signed by Judge Sheri Polster Chappell on 1/7/2025. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BLAIR SWILER,
Plaintiff,
v.

Case No.: 2:24-cv-661-SPC-KCD

RSJ VENTURES, LLC,
Defendant.

/
OPINION AND ORDER

Before the Court are Plaintiff’s Renewed Motion for Temporary
Restraining Order (“TRO”) and Preliminary Injunction (Doc. 37) and
Defendant’s Response to the TRO request (Doc. 38). For the below reasons, the
Court denies the request for a TRO and takes under advisement the request
for a preliminary injunction.
The primary difference between a TRO and preliminary injunction is
that a court may grant a TRO motion without notice to the opposing party or
an opportunity to be heard. See Fed. R. Civ. P. 65(a)-(b). Accordingly, TROs
“should be restricted to serving their underlying purpose of preserving the
status quo and preventing irreparable harm just so long as is necessary to hold
a [preliminary-injunction] hearing, and no longer.” Granny Goose Foods, Inc.

v. Bhd. of Teamsters & Auto Truck Drivers Loc. No. 70 of Alameda Cnty., 415
U.S. 423, 439 (1974).
Plaintiff initiated this action nearly six months ago. Defendant has
appeared, was served with the injunction motion, and filed an abbreviated
response to the TRO request on the same day. (Doc. 38). Given this posture,
the immediate ex parte relief provided by a TRO is inappropriate. See Harley’s
Hope Found. v. Harley’s Dream, No. 22-CV-0136-WJM-STV, 2022 WL 824415,
at *1 (D. Colo. Mar. 18, 2022). The Court denies the TRO request and takes
the preliminary-injunction request under advisement.
Accordingly, it is now
ORDERED:
1. Plaintiff’s Renewed Motion for Temporary Restraining Order and
Preliminary Injunction (Doc. 37) is DENIED in part as to its request
for a TRO. The request for preliminary injunction remains under
advisement.
2. On or before January 17, 2025, Defendant must respond to
Plaintiff’s request for preliminary injunction.
3. The Court will set a preliminary-injunction hearing by separate
notice.

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DONE and ORDERED in Fort Myers, Florida on January 7, 2025.

Copies: All Parties of Record

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