Hutcheson et al v. Department of Veterans Affairs et al
Filing
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ORDER. Liberally construing Plaintiffs' Complaint (Doc. 1) and the attached exhibit (Doc. 1-1), the Court recognizes that Plaintiffs may be seeking a temporary restraining order or a preliminary injunction in this case. The Court finds that Plaintiffs' purported request fails to comply with Federal Rule of Civil Procedure 65 and the Local Rules for the Middle District of Florida. If Plaintiffs wish to seek preliminary injunctive relief, the Court orders Plaintiffs to expedite serv ice on Defendants consistent with the requirements of the Federal Rules of Civil Procedure. That said, the Court strongly encourages Plaintiffs to consider consulting a legal aid service, who might provide assistance for free, such as the Bay Area Volunteer Legal Services. See Order for details. Signed by Judge William F. Jung on 1/27/2025 (on behalf of Judge John L. Badalamenti). (BPC)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOSEPH B. HUTCHESON, and
ELLA L. HUTCHESON,
Plaintiffs,
v.
Case No.:
8:25-cv-185-JLB-NHA
DEPARTMENT OF
VETERANS AFFAIRS, et. al.,
Defendants.
____________________________________/
ORDER
Plaintiffs Joseph B. Hutcheson and Ella L. Hutcheson, appearing pro se, seek
to challenge the Department of Veteran Affairs’ decision to terminate Mr.
Hutcheson’s employment. See Dkt. 1. Plaintiffs filed their Complaint on January 23,
2025, asking this Court to award monetary damages. Id. at 5. Plaintiffs also included
an exhibit to their Complaint asking this Court to award an injunction. Dkt. 1-1. But,
Plaintiffs did not specify whether they seek a temporary restraining order, a
preliminary injunction, or injunctive relief issued at the time of judgment. Liberally
construed, this Court recognizes that Plaintiffs may be seeking a temporary
restraining order or a preliminary injunction. The Court finds that Plaintiffs’
purported request fails to comply with Federal Rule of Civil Procedure 65 and the
Local Rules for the Middle District of Florida.
Under Federal Rule of Civil Procedure 65(b), Plaintiffs must show the
following for the Court to issue a temporary restraining order:
(1) Issuing Without Notice. The court may issue a temporary restraining
order without written or oral notice to the adverse party or its attorney
only if:
(A) specific facts in an affidavit or a verified complaint clearly show
that immediate and irreparable injury, loss, or damage will result to the
movant before the adverse party can be heard in opposition; and
(B) the movant's attorney certifies in writing any efforts made to give
notice and the reasons why it should not be required.
Fed. R. Civ. P. 65(b). Rule 65 also sets forth the rules governing preliminary
injunctions. Additionally, Middle District of Florida’s Local Rules 6.01 and 6.02
state that Plaintiffs must include a precise and verified description of the conduct
and persons subject to restraint, any explanation of amount or form of security, a
supporting legal memorandum, and a proposed order. See M.D. Fla. Loc. R. 6.01,
6.02. Simply put, Plaintiffs fail to establish the requirements of a temporary
restraining order or preliminary injunction as is required by the Local Rules or
Federal Rule of Civil Procedure 65. See M.D. Fla. Loc. R. 6.01, 6.02; Fed. R. Civ.
P. 65(b).
Notably, Local Rule 6.02(b) requires Plaintiffs to notify each affected party
of its intent to seek a preliminary injunction. If Plaintiffs are serious about pursuing
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preliminary injunctive relief, Plaintiffs must serve the Defendants promptly. The
Court orders Plaintiffs to expedite service on Defendants consistent with the
requirements of the Federal Rules of Civil Procedure. Plaintiffs shall file proof of
proper service when completed. That said, the Court strongly encourages Plaintiffs
to consider consulting a legal aid service, who might provide assistance for free,
such as the Bay Area Volunteer Legal Services. The Bay Area Volunteer Legal
Services can be contacted at the following address:
1302 N. 19th St. Suite 400
Tampa, Florida 33605
(800) 625-2257
DONE AND ORDERED in Tampa, Florida, on January 27, 2025.
/s/ William F. Jung
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE*
*
Signed by Judge William F. Jung to expedite the resolution of this issue. This case remains
assigned to Judge John L. Badalamenti.
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