Kimmerly et al v. Quiet Woman Farm LLC et al

Filing 7

ORDER: denying the # 6 Emergency Motion for TRO and denying 6 Emergency Motion for Preliminary Injunction. Signed by Senior Judge Frederick J. Scullin, Jr., on 10/8/09. (jmb)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ MARTHA KIMMERLY, PABLO REYES REYES, TERESO REYES REYES, MANUEL RAMIREZ CANO, and KELLY RAYMO, Plaintiffs, v.
QUIET WOMAN FARM LLC; SOUTHERN STYLE SALES LLC; HEATHER LARSON, individually and d.b.a. QUIET WOMAN FARM; BARBARA LARSON, individually and d.b.a. QUIET WOMAN FARM; PATRICK BUCHANAN; and CLERMONT FARM CORPORATION,

1:09-CV-948 (FJS/RFT)

Defendants. _____________________________________________ APPEARANCES FARMWORKER LEGAL SERVICES OF NEW YORK, INC. 1187 Culver Road Rochester, New York 14609 Attorney for Plaintiffs SCULLIN, Senior Judge ORDER After reviewing Plaintiffs' motion for emergency relief, all relevant supporting papers, and the applicable law, the Court finds that Plaintiffs have failed to allege facts which would justify this extraordinary relief. See Soler v. G. & U., Inc., 690 F.2d 301, 302-03 (2d Cir. 1982) (denying the plaintiffs' motion for preliminary injunction under the FLSA because they failed to demonstrate "any harm ­ or 'chill' ­ to other plaintiffs or prospective plaintiffs" in light of the OF COUNSEL CRISTEN A. SARGENT, ESQ.

fact that no plaintiffs had withdrawn from the case after the alleged retaliatory conduct occurred); see also Balentine v. Arkansas-Best Freight Sys., Inc., 750 F.2d 47, 51 (8th Cir. 1984) (holding that only the Secretary of Labor may seek an injunction for future violations of the FLSA) (citations omitted). Accordingly, the Court hereby ORDERS that Plaintiffs' motion for a temporary restraining order and preliminary injunction is DENIED. IT IS SO ORDERED. Dated: October 8, 2009 Syracuse, New York

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