Tim Flaherty, et al. v. Brock Pierce, et al.

Flaherty · United States District Court for the Middle District of Tennessee, Nashville Division · April 2, 2026 · No. 3:26-cv-00358

Summary

The United States District Court for the Middle District of Tennessee denies Plaintiffs’ motion for a temporary restraining order seeking to prevent Brock Pierce and Scott Walker from removing, controlling, transferring, or encumbering cryptocurrency and blockchain-related assets associated with an unidentified DNA entity. The court also grants Plaintiffs’ unopposed motion to exceed the reply-page limit and grants Pierce’s motion to file a supplemental declaration. The TRO is denied because the filings do not clearly identify which DNA entity is implicated, which entity possesses the assets, or what conduct and parties the proposed order would restrain.

Holdings

  1. A request for injunctive relief must identify with sufficient specificity the entities to be restrained, the assets at issue, and the conduct to be restrained or required. Plaintiffs' failure to identify which DNA entity was implicated and which entity possessed the assets made the requested relief impermissibly unclear.
  2. Even assuming plaintiffs satisfied the requirements for eligibility for a TRO, the court retained equitable discretion to deny the requested relief and exercised that discretion because the identity of the relevant DNA entity and the scope of the restraint were unclear.
  3. A notice under Rule 41(a)(1)(A)(i) dismisses an action, not a single party. Notices purporting to dismiss individual plaintiffs were therefore construed as motions under Rule 21 to drop a party, and the court deferred ruling on them.

Questions Presented

  1. Whether plaintiffs were entitled to a temporary restraining order under Federal Rule of Civil Procedure 65.
  2. Whether the requested injunctive relief was sufficiently specific as to the conduct to be restrained and the entities subject to restraint.
  3. Whether plaintiffs' requests for a preliminary-injunction hearing and appointment of a receiver should be granted.
  4. Whether the notices purporting to dismiss individual plaintiffs should be construed as motions under Rule 21 rather than notices of dismissal under Rule 41.

Disposition

other

Cases Cited (24)

  • AmSouth v. Dale, 386 F.3d 763, 778 (6th Cir. 2004)(followed)
  • Sheet Metal Workers' National Pension Fund Board of Trustees v. Courtad, Inc., 2013 WL 3893556, at *4 (N.D. Ohio July 26, 2013)(followed)
  • United States ex rel. Doe v. Preferred Care, Inc., 326 F.R.D. 462, 464-65 (E.D. Ky. 2018)(followed)
  • EQT Gathering, LLC v. A Tract of Property Situated in Knott County, Kentucky, 2012 WL 3644968, at *4 (E.D. Ky. Aug. 24, 2012)(followed)
  • In re Reynolds, 2023 WL 11853230, at *3 (Bankr. W.D. Tenn. Sept. 1, 2023)(cited)
  • Performance Unlimited, Inc. v. Questar Publishers, Inc., 52 F.3d 1373, 1382 (6th Cir. 1995)(cited)
  • Local Spot, Inc. v. Cooper, 2020 WL 7554247, at *3 (M.D. Tenn. Dec. 21, 2020)(cited)
  • D.T. v. Sumner County School, 942 F.3d 324, 326-29 (6th Cir. 2019)(discussed)
  • Southern Poverty Law Center v. United States Department of Homeland Security, 2020 WL 3265533, at *10 (D.D.C. June 17, 2020)(cited)
  • Transatlantic, LLC v. Humana, Inc., 2013 WL 3958361, at *1 (M.D. Fla. Aug. 1, 2013)(cited)

Showing top 10 of 24.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…