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Gregory v. Seal

United States District Court, E.D. Louisiana
Nov 21, 2005
CIVIL ACTION NO. 05-1857, SECTION "C" (2) (E.D. La. Nov. 21, 2005)

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).


Summaries of

Gregory v. Seal

United States District Court, E.D. Louisiana
Nov 21, 2005
CIVIL ACTION NO. 05-1857, SECTION "C" (2) (E.D. La. Nov. 21, 2005)
Case details for

Gregory v. Seal

Case Details

Full title:TAURUS GREGORY v. LT. RONNIE SEAL, ET AL

Court:United States District Court, E.D. Louisiana

Date published: Nov 21, 2005

Citations

CIVIL ACTION NO. 05-1857, SECTION "C" (2) (E.D. La. Nov. 21, 2005)

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