Thomas L. D’Aquin v. Afterpay US Services, LLC

Summary

The United States District Court for the Eastern District of Louisiana denied Thomas L. D’Aquin’s motion for a temporary restraining order against Afterpay US Services, LLC. The court held that Plaintiff had not satisfied Federal Rule of Civil Procedure 65(b) or demonstrated the required likelihood of success, irreparable injury, balance of harms, and public-interest factors.

Holdings

1. Plaintiff was not entitled to an ex parte temporary restraining order because he did not provide an affidavit or verified complaint clearly showing immediate and irreparable injury before Defendant could be heard, and he did not assert or certify efforts to provide notice or reasons notice should be excused.
2. Plaintiff was not entitled to a temporary restraining order because he failed to present facts or law establishing a substantial likelihood of success on the merits, a substantial threat of irreparable injury, that the threatened injury outweighed harm to Defendant, or that the injunction would serve the public interest.

Questions Presented

1. Whether Plaintiff satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for an ex parte temporary restraining order, including a specific evidentiary showing of immediate and irreparable injury and certification of notice efforts.
2. Whether Plaintiff established the four elements required for a temporary restraining order: substantial likelihood of success on the merits, substantial threat of irreparable injury, favorable balancing of harms, and consistency with the public interest.

Disposition

other