Holland v. YARDI Corporation

Filing 5

ORDER DENYING 2 Motion for TRO. Signed by Judge Robert Pitman. (dl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
KYLE HOLLAND,
Plaintiff,
v.
YARDI CORPORATION,
Defendant.

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1:18-CV-291-RP

ORDER
Before the Court is Plaintiffs’ motion requesting a “Cease and Desist/Restraining Order”
against Defendant, which the Court construes as a motion for a temporary restraining order. (Dkt.
2). Federal Rule of Civil Procedure 65 permits the Court to issue a temporary restraining order
without notice to the adverse party only where “specific facts in an affidavit or a verified complaint
clearly show that immediate and irreparable injury, loss, or damage will result to the movant before
the adverse party can be heard in opposition,” and “the movant’s attorney certifies in writing any
efforts made to give notice and the reasons why it should not be required.” Fed. R. Civ. P. 65(b)(1).
Plaintiff has neither served Defendant nor informed the Court of any attempt to give notice.
Moreover, a party moving for a temporary restraining order must establish “(1) a substantial
likelihood of success on the merits; (2) a substantial threat that the movant will suffer irreparable
injury if the temporary restraining order is denied; (3) that the threatened injury outweighs any
damage that the temporary restraining order might cause the defendant; and (4) that the temporary
restraining order will not disserve the public interest.” Jackson Women’s Health Org. v. Currier, 760 F.3d
448, 452 (5th Cir. 2014) (quoting Hoover v. Morales, 164 F.3d 221, 224 (5th Cir. 1998)). Plaintiff has
not met his burden with respect to any of those four factors.

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Because Plaintiff has not made the requisite showing of the necessity of temporary injunctive
relief, his motion for a temporary restraining order, (Dkt. 2), is DENIED.

SIGNED on April 6, 2018.
_____________________________________
ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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