Background
Plaintiff John Doe filed an interlocutory appeal from the district court’s denial of his motion for a temporary restraining order. The district court had denied the motion because Doe’s arguments relied on unpleaded theories and conclusory allegations.
The court’s reasoning
The court explained that an order denying a temporary restraining order is generally not appealable under Section twelve hundred and ninety-two subsection a one of Title twenty-eight of the United States Code. Jurisdiction exists only if the denial is tantamount to a denial of a preliminary injunction. This requires a full adversary hearing and a showing that the appellant would be effectively foreclosed from pursuing further relief. The panel found the hearing was not a full adversary hearing as only one defendant participated. Additionally, the district court did not foreclose future relief and acknowledged the possibility of amended claims.
What it means going forward
The dismissal reinforces that parties cannot immediately appeal a temporary restraining order denial unless the specific exceptions for preliminary injunction equivalence are met.
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