Torres v. MMS Group LLC et al

Filing 92

ORDER denying 88 Motion for TRO; denying 89 Motion for TRO. Plaintiff's application for Temporary Restraining Order (ECF Docs. 88-89) is DENIED for failure to comply with the Court's Individual Rule 4(h) ("A party must confer with their adversary before making an application for a temporary restraining order unless the requirements of Federal Rule of Civil Procedure 65(b) are met."). As further set forth in this order. With respect to Plaintiff's Motion for Preliminary Injunction (ECF Docs. 88-89), the parties are ORDERED as follows. 1. By November 15, 2023, Defendants shall provide Plaintiff documents or other information related to: a. Defendants' newly-implemented visual emergency alert system featuring strobe lights; b. Defendants' newly-implemented elevator camera and video monitoring system; c. Defendants' anticipated timeline for when vibration notification appliances are to be acquired and implemented; and d. Any other recen tly-implemented or anticipated changes that address the relief sought in Plaintiff's Motion. 2. The parties shall meet and confer in good faith and file a joint status letter on ECF by November 17, 2023. The joint letter shall provide the following information in separate paragraphs: As further set forth in this order. SO ORDERED.. (Signed by Judge Dale E. Ho on 11/14/2023) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ELEWOOD TORRES,
Plaintiff(s),
22-CV-6142 (DEH)

v.

ORDER

MMS GROUP, LLC, et al.,
Defendant(s).

DALE E. HO, United States District Judge:

Plaintiff’s application for Temporary Restraining Order (ECF Docs. 88-89) is DENIED
for failure to comply with the Court’s Individual Rule 4(h) (“A party must confer with their
adversary before making an application for a temporary restraining order unless the requirements
of Federal Rule of Civil Procedure 65(b) are met.”).
The Court further determines that, even if Plaintiff had complied with the Court’s
Individual Rules, a temporary restraining order would be inappropriate in this case. A temporary
restraining order “is an extraordinary remedy that will not be granted lightly,” Jackson v.
Johnson, 962 F. Supp. 391, 392 (S.D.N.Y. 1997), the purpose of which is usually “to preserve an
existing situation in statu[s] quo until the court has an opportunity to pass upon the merits of the
demand for a preliminary injunction.” Pan Am. World Airways, Inc. v. Flight Engineers’ Int’l
Ass’n, PAA Chapter, AFL-CIO, 306 F.2d 840, 842 (2d Cir. 1962) (emphasis added). Here,
however, “instead of asking the Court for emergency relief to preserve the status quo, Plaintiff[]
seek[s] Court action to alter the status quo . . . .” Goldstein v. Hochul, No. 22-CV-8300 (VSB),
2022 WL 20305832, at *2 (S.D.N.Y. Oct. 3, 2022). Plaintiff does not offer any persuasive
reasons why granting the wide-ranging relief he seeks, which would effectuate substantial

changes on the status quo, would be appropriate in a temporary restraining order posture.
Moreover, this case was filed more than a year ago, on July 19, 2022. See ECF Doc. 1. Plaintiff
offers no adequate explanation as to why he waited approximately 14 months before seeking the
extraordinary relief of a temporary restraining order. See, e.g., Carter v. Sewell, No. 23-CV01139 (JLR) (RWL), 2023 WL 7164304, at *1 (S.D.N.Y. Oct. 31, 2023) (denying TRO where
plaintiff waited “over eight months . . . to move for a temporary restraining order”); Goldstein,
2022 WL 20305832, at *2 (denying TRO where plaintiffs had been “on notice for several
months about the [challenged] law, and the law had been in effect for a month”).
With respect to Plaintiff’s Motion for Preliminary Injunction (ECF Docs. 88-89), the
parties are ORDERED as follows.
1. By November 15, 2023, Defendants shall provide Plaintiff documents or other
information related to:
a. Defendants’ newly-implemented visual emergency alert system featuring strobe
lights;
b. Defendants’ newly-implemented elevator camera and video monitoring system;
c. Defendants’ anticipated timeline for when vibration notification appliances are to
be acquired and implemented; and
d. Any other recently-implemented or anticipated changes that address the relief
sought in Plaintiff’s Motion.
2. The parties shall meet and confer in good faith and file a joint status letter on ECF by
November 17, 2023. The joint letter shall provide the following information in separate
paragraphs:

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a. Whether any of the requested relief sought in Plaintiff’s Motion for Preliminary
Injunction has already been provided by Defendants.
b. What discovery requests, if any, Defendants seek in order to oppose Plaintiff’s
Motion for Preliminary Injunction.
c. A proposed schedule for preliminary injunction briefing.
d. Proposed dates for a preliminary injunction hearing and whether parties believe
live testimony will be necessary.

SO ORDERED.
Dated: November 14, 2023
New York, New York

DALE E. HO
United States District Judge

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