Consumer Energy Solutions, Inc. v. Jacobs

Filing 6

ORDER: Plaintiff's Emergency Motion for Temporary Restraining Order 2 is DENIED without prejudice insofar as the Court cannot issue a TRO based on the current motion. Plaintiff's Emergency Motion for Temporary Restraining Order 2 is CONVERTED to and TAKEN UNDER ADVISEMENT as a Motion for Preliminary Injunction. Plaintiff's Motion for Preliminary Injunction is referred to the Magistrate Judge pursuant to 28 U.S.C. section 636(b)(1)(B) for the issuance of a Report and Recommendation. Signed by Judge James S. Moody, Jr. on 1/27/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CONSUMER ENERGY SOLUTIONS,
INC.,
Plaintiff,
v.

Case No: 8:17-cv-211-T-30MAP

CHRISTOPHER JACOBS,
Defendant.

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Emergency Motion for
Temporary Restraining Order and Incorporated Memorandum of Law (Dkt. 2).
The Court is authorized to issue a temporary restraining order (“TRO”) without
notice to the adverse party in very limited circumstances. See Fed. R. Civ. P. 65(b); Local
Rule 4.05. The moving party must demonstrate that it will sustain immediate and
irreparable injury before the adverse party can be heard in opposition, and the movant’s
attorney must certify in writing any efforts made to give notice and the reasons why it
should not be required before granting the TRO. Fed. R. Civ. P. 65(b)(1). In addition, the
moving party must follow specific procedural requirements, including submitting a
proposed order. Local Rule 4.05(b).
The Court cannot grant a TRO in this case because Plaintiff has not met the above
requirements.

Therefore, it is ORDERED AND ADJUDGED that:
1.

Plaintiff’s Emergency Motion for Temporary Restraining Order (Dkt. 2) is
DENIED without prejudice insofar as the Court cannot issue a TRO based
on the current motion.

2.

Plaintiff’s Emergency Motion for Temporary Restraining Order (Dkt. 2) is
CONVERTED to and TAKEN UNDER ADVISEMENT as a Motion for
Preliminary Injunction.

3.

Plaintiff’s Motion for Preliminary Injunction is referred to the Magistrate
Judge pursuant to 28 U.S.C. section 636(b)(1)(B) for the issuance of a Report
and Recommendation.

DONE and ORDERED in Tampa, Florida, on January 27th, 2017.

Copies furnished to:
Counsel/Parties of Record

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