Hoskins v. Plaza Place Owners Association, Inc.

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge's Memorandum and Recommendation concerning pro se plaintiffs' motions for an emergency temporary restraining order and to decline consent to a magistrate judge. The court overruled the plaintiffs' objections, concluding that they had not satisfied Federal Rule of Civil Procedure 65(b)(1) or shown a substantial likelihood of success on the merits and irreparable harm. The court denied both motions.

Holdings

1. The district court reviews de novo the conclusions to which a party specifically objects and may accept the remaining portions if no clear error appears on the face of the record.
2. A party seeking an ex parte temporary restraining order must certify the reasons why notice should not be required before issuance; plaintiffs failed to satisfy that requirement.
3. Plaintiffs failed to establish a substantial likelihood of success on the merits or irreparable harm, and therefore were not entitled to emergency temporary-restraining-order or preliminary-injunction relief.

Questions Presented

1. Whether the district court should sustain plaintiffs' objections to the magistrate judge's recommendation denying emergency temporary restraining-order and preliminary-injunction relief.
2. Whether plaintiffs satisfied the requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).
3. Whether plaintiffs demonstrated a substantial likelihood of success on the merits and irreparable harm sufficient to obtain emergency injunctive relief.
4. Whether the district court should decline consent to the magistrate judge.

Disposition

other