Modaxo Traffic Management USA, Inc. v. Sean Collins

Summary

The United States District Court for the Middle District of Florida denied Modaxo Traffic Management USA, Inc.’s emergency motion for an ex parte temporary restraining order against Sean Collins. The court held that Plaintiff had not shown immediate irreparable harm or provided sufficient justification for denying notice and an opportunity to be heard under Federal Rule of Civil Procedure 65(b), and directed Plaintiff to file a separate motion if it seeks a preliminary injunction.

Holdings

1. Plaintiff failed to establish the immediate irreparable harm required for an ex parte temporary restraining order because its conclusory allegations lacked supporting factual or legal detail showing that Defendant posed an immediate threat.
2. Plaintiff failed to establish that notice to Defendant was impracticable or that Defendant should be denied an opportunity to respond.
3. The court would not treat the emergency motion as a request for a preliminary injunction; Plaintiff was required to file a separate motion to seek that relief.

Questions Presented

1. Whether Plaintiff established the immediate and irreparable injury required for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b).
2. Whether Plaintiff showed that notice and an opportunity to respond should be denied because notice was impracticable.
3. Whether the emergency motion should be treated as a request for a preliminary injunction.

Disposition

denied