Opinion
CIVIL ACTION NO. 05-1857, SECTION "C" (2).
November 21, 2005
ORDER
IT IS ORDERED that the plaintiff's motion for temporary restraining order, order to show cause, preliminary injunction and expedited hearing is DENIED. (Rec. Doc. 19). A temporary restraining order or preliminary injunction is appropriate only when the moving party establishes: (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. Allied Marketing Group, Inc. v. CDL Marketing, Inc., 878 F.2d 806 (5th Cir. 1989); State of Louisiana ex rel Guste v. Lee, 635 F.Supp. 1107, 1125 (E.D. La. 1986). It is an extraordinary remedy available only if the movant has clearly carried the burden of persuasion as to all four factors. Allied, supra. At a minimum, the plaintiff has not articulated an instance of injury which can be deemed "irreparable." Rather, all of the threatened damages can be compensated in monetary damages. "[A] preliminary injunction usually will be denied if it appears that the applicant has an adequate alternate remedy in the form of money damages or other relief." C. Wright, A. Miller M. Kane, Federal Practice Procedure § 2948.1, pp. 149-151 (1995).