Aida R. Gil v. 605 West 42nd Owner LLC, et al.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AIDA R. GIL, 4/27/26 Plaintiff, 1:25-cv-5396 (MKV) -against- TEMPORARY RESTRAINING ORDER AND SCHEDULING ORDER 605 WEST 42ND OWNER LLC, et al., Defendants. MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of pro se Plaintiff’s application for a Temporary Restraining Order (“TRO”) and a Preliminary Injunction “to prevent [her] imminent eviction scheduled for May 1, 2026” pending resolution of this action [ECF No. 28 at 1; see ECF No. 27]. “The purpose of a temporary restraining order is to preserve an existing situation in statu quo until the court has an opportunity to pass upon the merits of the demand for a preliminary injunction.” Garcia v. Yonkers Sch. Dist., 561 F.3d 97, 107 (2d Cir. 2009) (quoting Pan Am. World Airways, Inc. v. Flight Eng’rs’ Int’l Ass’n, PAA Chapter, 306 F.2d 840, 842 (2d Cir. 1962)). In order to preserve the status quo, IT IS HEREBY ORDERED that Plaintiff’s request for a TRO only is granted, and any eviction is stayed for 14 days from this date of this Order, to allow time for Defendants to file opposition papers and for the Court to pass upon the merits of Plaintiff’s request for a preliminary injunction. See Garcia, 561 F.3d at 107. IT IS FURTHER ORDERED that Defendants’ opposition papers are due by noon on May 4, 2026. The parties shall appear for a hearing on Plaintiff’s application for emergency relief on May 8, 2026, at 11:30 a.m. in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. The parties are on notice that the Court will thereafter rule on the application for emergency relief. In other words, there will not be a subsequent hearing on the request for a preliminary injunction. The Court admonishes the parties to review the Court’s Individual Rules of Practice in Civil Cases, which provide that, in resolving a motion for a preliminary injunction, the Court

generally follows its procedures for non-jury trials. In particular, the parties must provide the direct testimony of any witnesses by affidavit by May 4, 2026 and must submit a list of any affiants they intend to cross-examine live at the hearing by May 6, 2026. Any documentary exhibits or other evidence must be submitted by May 4, 2026. Given that Plaintiff has moved for emergency relief, requiring the parties and the Court to proceed on a highly expedited timeline, the Court strongly encourages Plaintiff immediately to consent to receive filings electronically [see ECF No. 9]. Any request for an extension or adjournment must be on the docket on ECF at least 48 hours before the deadline. The parties are on notice that failure to comply with court orders, the Federal Rules of Civil Procedure, the Local Rules, and this Court’s Individual Rules may

result in sanctions, including: monetary penalties on counsel and the parties; preclusion of claims, defenses, evidence, and motion practice; and the case-terminating sanctions of dismissal and default judgment. The Clerk of Court respectfully is requested to mail this Order to Plaintiff. SO ORDERED. _________________________________ Date: April 27, 2026 MARY KAY VYSKOCIL New York, NY United States District Judge