Opinion
CIVIL ACTION No. 16-11656 SECTION "E"
06-27-2016
AKRIVIS LABORATORIES, LLC, Plaintiff v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, ET AL., Defendants
ORDER AND REASONS
The Court has before it a motion for temporary restraining order filed by Plaintiff, Akrivis Laboratories, LLC.
R. Doc. 2.
Plaintiff seeks to enjoin the United States Department of Health & Human Services and the Centers for Medicare and Medicaid Services "from enforcing any sanctions against Akrivis Laboratories, LLC, imposing immediate jeopardy status on Akrivis' laboratory in Hammond, Louisiana, and preventing Akrivis from fully operating its business, all as arising out of an inspection conducted of Akrivis' laboratory on June 6 and June 8, 2016." Plaintiff represents that, "[u]nless the United States Department of Health and Human Services and the Centers for Medicare and Medicaid Services are restrained and enjoined by this Court, Plaintiff will suffer immediate and irreparable injury, loss, and damage"
R. Doc. 2 at 1.
R. Doc. 2 at 1.
A temporary restraining order is an extraordinary remedy, and the movant bears a heavy burden to obtain one. Pursuant to Federal Rule of Civil Procedure 65(b)(1), a temporary restraining order may only be granted if the movant establishes the following four factors:
See, e.g., Trinity USA Operating, LLC v. Barker, 844 F. Supp. 2d 781, 785 (S.D. Miss. 2011) (citing Ridgely v. FEMA, 512 F.3d 727, 734 (5th Cir. 2008)).
Smith v. Dep't of Health and Hosp. La., No. 12-3057, 2014 WL 4635540, at *3 (E.D. La. Sept. 15, 2014) (citing Miss. Power & Light Co. v. United Gas Pipe Line Co., 760 F.2d 618, 622 (5th Cir. 1985)).
(1) a substantial likelihood of success on the merits; (2) a substantial threat that failure to grant the injunction will result in irreparable injury; (3) that the threatened injury outweighs any damage that the injunction may cause the opposing party; and (4) that the injunction will not disserve the public interest.
See, e.g., Allied Mktg. Grp., Inc. v. CDL Mktg., Inc., 878 F.2d 806, 809 (5th Cir. 1989) (citations omitted).
In this case, Plaintiff has not carried its burden of establishing that failure to grant the temporary restraining order would result in irreparable injury, and for that reason, Plaintiff's motion for temporary restraining order must be denied.
Accordingly;
IT IS ORDERED that Plaintiff's motion for temporary restraining order is DENIED.
R. Doc. 2. --------
New Orleans, Louisiana, this 27th day of June, 2016.
/s/ _________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE