DeWeese v. JP Morgan Chase Bank, N.A. et al

Filing 8

ORDER denying 2 Motion for TRO. Signed by Judge Richard W. Story on 04/01/13. (sk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
RONNIE P. DeWEESE,
Plaintiff,
v.
JP MORGAN CHASE BANK,
N.A., et al.,
Defendants.

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CIVIL ACTION NO.
2:13-CV-00059-RWS

ORDER
This case is before the Court for consideration of Plaintiff’s Emergency
Motion for Temporary Restraining Order and Ex Parte Temporary Restraining
Order [2]. After reviewing the record, the Court enters the following Order.
It is settled law in this Circuit that a preliminary injunction is an
“extraordinary and drastic remedy.” Zardui-Quintana v. Richard, 768 F.2d
1213, 1216 (11th Cir. 1985).
To obtain such relief, a movant must demonstrate:
(1) a substantial likelihood of success on the merits of the
underlying case, (2). . .irreparable harm in the absence of an
injunction, (3) the harm suffered by the movant in the absence of
an injunction would exceed the harm suffered by the opposing
party if the injunction issued, and (4) an injunction would not
disserve the public interest.

AO 72A
(Rev.8/82)

Johnson & Johnson Vision Care, Inc. v. 1-800 Contacts, Inc., 299 F.3d 1242,
1246-47 (11th Cir. 2002). The issuance of a preliminary injunction is, indeed,
an extraordinary remedy that should not be granted unless the movant clearly
carries the burden of persuasion as o the four elements. Northeastern Fla.
Chapter of Ass’n of General Contractors of Am. v. City of Jacksonville, Fla.,
896 F.2d 1283, 1285 (11th Cir. 1990).
Having reviewed the record, the Court finds that Plaintiff has failed to
allege facts that demonstrate he is likely to succeed on the claims he has
asserted. Therefore, the Court concludes that he is not entitled to the issuance
of a temporary restraining order and his Motion therefore is hereby DENIED.
SO ORDERED, this 1st day of April, 2013.

________________________________
RICHARD W. STORY
United States District Judge

2

AO 72A
(Rev.8/82)