Sonoro Invest S.A. v. Abakan, Inc.

Filing 9

ORDER denying without prejudice 4 Motion for Temporary Restraining Order; reserving ruling on 4 Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles on 10/20/2014. (hs01)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 14-23640-CIV-GAYLES/TURNOFF
SONORO INVEST, S.A.,
Plaintiff,
vs.
ABAKAN, INC.,
Defendant.
_________________________________________/
ORDER
THIS CAUSE came before the Court upon Plaintiff’s Motion for a Temporary Restraining
Order and Preliminary Injunction with Incorporated Memorandum of Law (the “Motion”) [ECF No.
4]. The Court has carefully considered the Motion and pertinent portions of the record.
In order to obtain a temporary restraining order, a party must demonstrate A(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, 1225B26 (11th Cir. 2005).

Additionally, a court may only

issue a temporary restraining order without notice to the adverse party or its attorney 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).
In the Motion, Plaintiff asks the Court to enter a Atemporary restraining order enjoining

Abakan from executing any further transactions in violation of the promissory notes until such time
as the Court enters an order on Sonoro’s accompanying request for preliminary injunction.@ (Mot.
6). However, Plaintiff=s attorney does not certify in writing any efforts made to give notice or
sufficiently state the reasons why notice should not be required. Further, Rule 65(c) requires the
movant to “give security in an amount that the court considers proper to pay the costs and damages
sustained by any party found to have been wrongfully enjoined or restrained.” FED. R. CIV. P.
65(c). Plaintiff, however, requests a temporary restraining order without posting any amount of
security. Although the notes at issue provide for the issuance of a temporary restraining order in
case of a default, the Court does not find a sufficient basis to issue a temporary restraining order
without notice or the posting of security. Accordingly, it is
ORDERED AND ADJUDGED that Plaintiff’s request for a temporary restraining order is
DENIED without prejudice. The Court reserves ruling on Plaintiff’s request for a preliminary
injunction until Defendant has had an opportunity to respond.
DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of October, 2014.

____________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
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