Opinion

Robert Craft v. Charlotte County, Florida

Court
District Court, M.D. Florida
Filed
Jun 10, 2022
Cited by
0 cases
Authority
More cited than 19.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

ROBERT CRAFT,

Plaintiff,

v. Case No.: 2:21-cv-732-SPC-MRM

CHARLOTTE COUNTY BOARD

OF COUNTY COMMISSIONERS,

Defendant.

/

OPINION AND ORDER1

This is an employment discrimination case. Proceeding pro se, Robert

Craft (a former employee of the Charlotte County Fire and Emergency Medical

Services Department) moves for injunctive relief to “restrain Defendant from

continued retaliation of illegal deprivation of property under false pretenses

without just cause or due process.” (Doc. 60). Plaintiff asks the Court to do

four things:

1. Cease and desist the continuous retaliatory actions;

2. Reconstitute the Petitioner with his Rightful and Publicly

declared and claimed property right of Commission;

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Court is also not responsible for a hyperlink’s availability and functionality, and a failed

hyperlink does not affect this Order.

3. Bring current All Petitioners deprived Public Fund Treasury

Awards in accordance with the Ratified Collective

Bargaining Agreement(s) (most recent CBA provided to

Petitioner) from the date of July 8, 2020 to current date as if

the Petitioner had never been inappropriately forced onto

FMLA without request per DOL recommendation and

terminated; and

4. Place Petitioner on Administrative Leave with Pay pending

the outcome of the current and ANY subsequent associated

litigation or until such time as the Defendant and ALL

Defendant’s Agents (Elected, Appointed, Commissioned, and

Contracted) in their official capacity have judgments

rendered or settlement agreement(s) have been executed.

(Doc. 60 at 39-40). Best the Court can tell, there is no emergency and Plaintiff

wants a preliminary injunction, but to be safe, the Court will address a

temporary restraining order as well.

A preliminary injunction is a “powerful exercise of judicial authority in

advance of trial” and functions “to preserve the status quo until the merits of

the controversy can be fully and fairly adjudicated.” Ne. Fla. Chapter of Ass’n

of Gen. Contractors of Am. v. City of Jacksonville, 896 F.2d 1283, 1295 (11th

Cir. 1990). To justify a preliminary injunction the movant must show: “(1) a

substantial likelihood of success on the merits; (2) irreparable injury will be

suffered unless the injunction issues; (3) the threatened injury to the movant

outweighs whatever damage the proposed injunction may cause the opposing

party; and (4) if issued, the injunction would not be adverse to the public

interest.” Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000). Preliminary

injunctions are “drastic” and “extraordinary” remedies, not to be issued unless

the movant has “clearly established” the burden of persuasion on each element.

Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205,

1210 (11th Cir. 2013). They are the exception, not the rule. Id.

Besides the usual requirements for injunctive relief, a district court may

issue an ex parte temporary restraining order

only if (A) specific facts in an affidavit or a verified complaint

clearly show that immediate and irreparable injury, loss, or

damage will result to the movant before the adverse party can be

heard in opposition; and (B) the movant’s attorney certifies in

writing any efforts made to give notice and the reasons why it

should not be required.

Fed. R. Civ. P. 65(b). These requirements acknowledge “that informal notice

and a hastily arranged hearing are to be preferred to no notice or hearing at

all.” Granny Goose Foods, Inc. v. Bhd. of Teamsters and Auto Truck Drivers

Local No. 70 of Alameda Cty., 415 U.S. 423, 432 n.7 (1974). The Supreme Court

has further recognized “a place in our jurisprudence for ex parte issuance,

without notice, of temporary restraining orders of short duration” but not

“where no showing is made that it is impossible to serve or to notify the

opposing parties and to give them an opportunity to participate.” Carroll v.

President & Comm’rs of Princess Anne, 393 U.S. 175, 180 (1968).

The Court’s Local Rules also address TROs and preliminary injunctions.

See M.D. Fla. Rs. 6.01, 6.02. These rules largely echo the requirements set

forth above. Plaintiff cannot profess ignorance of the Local Rules as the

Magistrate Judge has told Plaintiff he must fully comply with the Court’s Local

Rules and that failure to do so may cause the Court summarily denying future

motions without considering the merits. (Doc. 59).

The motion does not comply with Federal Rule of Civil Procedure 65, nor

with Local Rules 6.01 or 6.02. The motion is not verified, a security bond isn’t

addressed, no proposed order is provided, and Plaintiff explains none of the

four preliminary injunction elements. At bottom, Plaintiff has not “clearly

established” that he is entitled to such a drastic remedy as injunctive relief.

Accordingly, it is now

ORDERED:

Plaintiffs Motion for Preliminary Injunction (Doc. 60) is DENIED.

DONE and ORDERED in Fort Myers, Florida this June 10, 2022.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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