Rowe v. BCMS Investments, LLC et al

Filing 9

MEMORANDUM ORDER: 1) Pla's 3 MOTION for Leave to Proceed in forma pauperis is DENIED, without prejudice. 2) Pla's 4 MOTION for Preliminary Injunction is DENIED. 3) Clerk is directed to send Towe a Motion and Affidavit in suppor t of Motion to Proceed IFP. 4) Rowe must pay the required $405.00 filing and administrative fee or complete and file a Motion and Affidavit in Support of Motion to Proceed in Forma Pauperis [EDKY 519] within 28 days. Failure to take one of these steps prior to the deadline will result in dismissal of this matter for failure to prosecute. Signed by District Judge Danny C Reeves on 03/12/2025. (DC) cc: COR and Joshua Rowe by US Mail ( Order + Form EDKY 519)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
(at Lexington)
JOSHUA ROWE, Trustee of the Living
Irrevocable Spendthrift Rowe Family
Trust,

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
V.
BCMS INVESTMENTS, LLC, doing
business as Silverline Trailers, et al.,
Defendants.
***

***

Civil Action No. 5: 25-065-DCR

MEMORANDUM ORDER

***

***

Joshua Rowe is a resident of Lexington, Kentucky. Proceeding without counsel, Rowe
(as Trustee of the Living Irrevocable Spendthrift Rowe Family Trust) has filed a civil
complaint against BCMS Investments, LLC, Advantage Trailer Leasing, LLC, and Hopkins
Investments VI, LLC, alleging violations of the Truth in Lending Act, fraud, breach of
contract, unjust enrichment, and “investigation of financial instruments.” [Record No. 1]
Rowe also has filed a motion for leave to proceed in forma pauperis. [Record No. 3]
However, Rowe has not provided sufficient information to demonstrate that he lacks
sufficient financial resources to pay the filing fee. Rowe also has failed to explain why the
Living Irrevocable Spendthrift Rowe Family Trust lacks sufficient resources to pay the filing
fee, since he is bringing this lawsuit in his capacity as Trustee. Accordingly, the Court will
deny Rowe’s motion but will provide him with the proper form to file a new motion if he so
chooses.

-1-

Next, in Rowe’s “emergency motion for injunction,” he asks the Court to direct the
defendants to “cease all collection attempts, repossession threats, and other unlawful actions
taken . . . in relation to the rental purchase agreement executed for the trailer identified in this
case.” [Record No. 4] In considering whether to grant a preliminary injunction, the court
considers four factors: the movant’s likelihood of success on the merits; the risk of irreparable
harm to the movant if the injunction is denied; whether issuance of the injunction would cause
substantial harm to others; and whether the public interest would be served by issuing the
injunction. Overstreet v. Lexington-Fayette Urban Cnty. Gov., 305 F.3d 566, 573 (6th Cir.
2002). Further, a preliminary injunction is an extraordinary remedy that should only be
granted if the movant carries his burden of proving that the circumstances clearly demand it.
Id. (citing Leary v. Daeschner, 228 F.3d 729, 736 (6th Cir. 2000)).
Rowe has not met this demanding burden, as he fails to offer any developed legal
argument in favor of injunctive relief and provides only conclusory allegations in support of
the relief he seeks. [See Record No. 4 at 1.] Not only has Rowe failed to establish that he is
likely to prevail on the merits of any of his claims, he has not alleged an irreparable injury
which is essential to obtaining preliminary injunctive relief. See D.T. v. Sumner Cnty. Sch.,
942 F.3d 324, 327 (6th Cir. 2019) (explaining that “money damages are not irreparable”).
Accordingly, his motion for a preliminary injunction will be denied.
Based on the foregoing, it is hereby ORDERED as follows:
1.

Rowe’s motion for leave to proceed in forma pauperis [Record No. 3] is

DENIED, without prejudice.
2.

Rowe’s motion for injunctive relief [Record No. 4] is DENIED.

-2-

3.

The Clerk of the Court is directed to send Rowe a Motion and Affidavit in Support

of Motion to Proceed in Forma Pauperis [EDKY 519].
4.

Rowe must pay the required $405.00 filing and administrative fee or complete and

file a Motion and Affidavit in Support of Motion to Proceed in Forma Pauperis [EDKY 519]
within 28 days. Failure to take one of these steps prior to the deadline will result in dismissal of
this matter for failure to prosecute.
Dated: March 12, 2025.

-3-