New Hampshire Right to Life v. US Department of Health & Human Services

Filing 14

ORDER denying 10 Motion for Preliminary Injunction. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

New Hampshire Right to Life
Case No. 11-cv-585-PB

v.
US Department of Health & Human Services

O R D E R

New Hampshire Right to Life seeks a preliminary injunction
requiring the United States Department of Health & Human
Services to produce documents pursuant to the Freedom of
Information Act (“FOIA”) within 10 days of the court’s order on
the motion.
Defendant filed an objection to the motion on March 3,
2012.

In the objection, the defendant represents that it will

produce all responsive documents by April 1, 2012, and a Vaughn
index of withheld documents by April 15, 2012.

Thus,

plaintiff’s motion seeks to advance the production clock by
approximately 10 days.
Proof of irreparable harm is one of the essential elements
of a request for preliminary injunctive relief.

Peoples Fed.

Sav. Bank v. People’s United Bank, 2012 WL 414251, at *6 (1st
Cir. 2012).

Plaintiff has failed to present a persuasive

argument that an additional delay of 10 days will result in
irreparable harm.

Accordingly, the Motion for Preliminary

Injunction (Doc. No. 10) is denied.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
March 9, 2012
cc:

Joseph Gardner Mattson, Esq.
Michael J. Tierney, Esq.
Gretchen Leah Witt, Esq.

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