Akrivis Laboratories, LLC v. United States Department of Health and Human Services et al

Filing 6

ORDER AND REASONS denying 2 Motion for Temporary Restraining Order. Signed by Judge Susie Morgan. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
AKRIVIS LABORATORIES, LLC,
Plaintiff

CIVIL ACTION

VERSUS

No. 16-11656

UNITED STATES DEPARTMENT OF
HEALTH & HUMAN SERVICES, ET AL.,
Defendants

SECTION “E”

ORDER AND REASONS
The Court has before it a motion for temporary restraining order filed by Plaintiff,
Akrivis Laboratories, LLC.1
Plaintiff seeks to enjoin the United States Department of Health & Human Services
and the Centers for Medicare and Medicaid Services “from enforcing any sanctions
against Akrivis Laboratories, LLC, imposing immediate jeopardy status on Akrivis’
laboratory in Hammond, Louisiana, and preventing Akrivis from fully operating its
business, all as arising out of an inspection conducted of Akrivis’ laboratory on June 6
and June 8, 2016.”2 Plaintiff represents that, “[u]nless the United States Department of
Health and Human Services and the Centers for Medicare and Medicaid Services are
restrained and enjoined by this Court, Plaintiff will suffer immediate and irreparable
injury, loss, and damage”3
A temporary restraining order is an extraordinary remedy,4 and the movant bears
a heavy burden to obtain one.5 Pursuant to Federal Rule of Civil Procedure 65(b)(1), a

R. Doc. 2.
R. Doc. 2 at 1.
3 R. Doc. 2 at 1.
4 See, e.g., Trinity USA Operating, LLC v. Barker, 844 F. Supp. 2d 781, 785 (S.D. Miss. 2011) (citing Ridgely
v. FEMA, 512 F.3d 727, 734 (5th Cir. 2008)).
5 Smith v. Dep’t of Health and Hosp. La., No. 12-3057, 2014 WL 4635540, at *3 (E.D. La. Sept. 15, 2014)
(citing Miss. Power & Light Co. v. United Gas Pipe Line Co., 760 F.2d 618, 622 (5th Cir. 1985)).
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2

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temporary restraining order may only be granted if the movant establishes the following
four factors:
(1) a substantial likelihood of success on the merits; (2) a substantial threat
that failure to grant the injunction will result in irreparable injury; (3) that
the threatened injury outweighs any damage that the injunction may cause
the opposing party; and (4) that the injunction will not disserve the public
interest.6
In this case, Plaintiff has not carried its burden of establishing that failure to grant
the temporary restraining order would result in irreparable injury, and for that reason,
Plaintiff’s motion for temporary restraining order must be denied.
Accordingly;
IT IS ORDERED that Plaintiff’s motion for temporary restraining order is
DENIED.7

New Orleans, Louisiana, this 27th day of June, 2016.
_____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

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7

See, e.g., Allied Mktg. Grp., Inc. v. CDL Mktg., Inc., 878 F.2d 806, 809 (5th Cir. 1989) (citations omitted).
R. Doc. 2.
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