Poole v. Florida Professional Property Management Inc. et al

Filing 5

ORDER denying without prejudice Plaintiff's request for emergency hearing contained in 1 Petition for Injunctive Relief and Other Relief, Injunctive and Economic. Signed by Judge James I. Cohn on 11/6/2012. (ams)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-62178-CIV-COHN/SELTZER
WILLIAM C. POOLE, JR.,
Plaintiff,
v.
FLORIDA PROFESSIONAL PROPERTY
MANAGEMENT, INC., and 900 NORTHEAST
QUADPLEX, LLC,
Defendants.
_____________________________________/
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S REQUEST FOR EMERGENCY HEARING
THIS CAUSE is before the Court upon Plaintiff William C. Poole, Jr.’s Petition for
Injunctive Relief and Other Relief, Injunctive and Economic [DE 1] (“Petition”). The
Court has considered the Petition and is otherwise fully advised in the premises.
In the Petition, Plaintiff asks for “an emergency hearing for emergency injunctive
relief,” to enjoin his eviction pending the outcome of this suit. See Petition at 13. It is
unclear precisely what form of injunctive relief Plaintiff seeks. The Court notes that
there are two forms of injunctive relief that may be granted prior to a trial on the merits.
First, the Court may issue a temporary restraining order. Pursuant to Federal Rule of
Civil Procedure 65(b)(1), temporary restraining orders may be issued without notice to
the adverse parties — in this case, the Defendants — only if:
(A) specific facts in an affidavit or a verified complaint 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 [or the pro se movant] certifies in writing any

efforts made to give notice and the reasons why it should not be required.
Fed. R. Civ. P. 65(b)(1). Moreover, in order to obtain a restraining order, a party must
demonstrate that “(1) [there is] a substantial likelihood of success on the merits; (2) that
irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury
outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of
the relief would serve the public interest.” Schiavo ex. rel Schindler v. Schiavo, 403
F.3d 1223, 1225–26 (11th Cir. 2005). Temporary restraining orders expire no more
than 14 days after they are issued. See Fed. R. Civ. P. 65(b)(2). Here, Plaintiff has not
submitted an affidavit or a verified complaint alleging facts supporting the four
requirements for a temporary restraining order. Nor has he certified why notice to
Defendants should not be required. Therefore, it would be improper at this time to
grant a temporary restraining order.
Second, Plaintiff may also move for a preliminary injunction, which can only be
issued by the Court after prior notice to Defendants. See Fed. R. Civ. P. 65(a)(1). In
order to obtain a preliminary injunction, Plaintiff must establish the same four elements
as required for a temporary restraining order. See Church v. City of Huntsville, 30 F.3d
1332, 1342 (11th Cir. 1994). As Defendants have not been given notice that Plaintiff is
seeking a preliminary injunction, or otherwise complied with Rule 65, the Court will not
grant a preliminary injunction or a hearing at this time. Accordingly, it is hereby
ORDERED AND ADJUDGED as follows:

2

1.

Plaintiff’s request for an “emergency hearing for emergency injunctive
relief,” as stated in the Petition for Emergency Injunctive Relief and Other
Relief, Injunctive and Economic [DE 1], is DENIED without prejudice.

2.

Plaintiff may move for a temporary restraining order, a preliminary
injunction, or both, as stated in this Order.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, this 6th day of November, 2012.

Copies provided to:
William C. Poole, Jr.
900 NE 23rd Drive
Unit 2
Wilton Manors, FL 33305
PRO SE

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