Simmons v. Infirmary Health System, Inc.

• Court: District Court, S.D. Alabama
• Decided: November 9, 2023
• Docket: 1:23-cv-00412
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

WILLARD B. SIMMONS, JR., ) ) Plaintiff, ) ) vs. ) ) Civil Action No. 23-00412-KD-MU ) INFIRMARY HEALTH SYSTEM, INC., ) TREVOR POPKIN, in his official capacity ) as Chief of the Regulatory Division, Mobile ) District of the United States Army Corps ) of Engineers, and U.S. ARMY CORPS OF ) ENGINEERS, ) ) Defendants. )

ORDER

This action is before the Court on the Motion for Preliminary Injunction filed by Plaintiff Willard B. Simmons, Jr. (doc. 2). Simmons seeks a preliminary injunction to enjoin Defendant Infirmary Health Systems, Inc. from discharging fill material into Malbis Lake. A district court may grant injunctive relief only if the moving party shows that: (1) it has 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.” FF Cosmetics FL, Inc. v. City of Miami Beach, 866 F.3d 1290, 1298 (11th Cir. 2017) (quoting Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000) (en banc)); McDonald's Corporation v. Robertson, 147 F. 3d 1301, 1307 (11th Cir. 1998) (same). “A preliminary injunction is an ‘extraordinary and drastic remedy’ and should not be granted unless ‘the movant clearly establishe[s] the “burden of persuasion” as to each of the four prerequisites.’” FF Cosmetics FL, Inc., 866 F.3d at 1298 (quoting McDonald's Corp., 147 F.3d at 1306). Simmons has failed to brief why he is likely to succeed on the merits, rather he directs the Court to his Complaint. Further, he addressed the remaining elements with one sentence (doc. 2, p. 2, ¶ 6, 7, 8). Accordingly, Simmons shall, on or before November 22, 2023, file an Amended

Motion for Preliminary Injunction with full briefing on each element, including citation to caselaw and authority for his argument that he is likely to succeed on the merits and an explanation of the facts he will present to show irreparable harm. Defendants shall respond on or before December 6, 2023. The Motion is set for hearing on December 13, 2023, at 2:00 p.m., in Courtroom 4B, United States Courthouse, 155 St. Joseph St., Mobile, Alabama 36602. The Clerk is directed to mail a copy of this Order, by certified mail and first-class mail, to INFIRMARY HEALTH SYSTEMS, INC. D.M. Nix, Registered Agent 5 Mobile Infirmary Circle Mobile, Alabama 36607

TREVOR POPKIN Chief of the Regulatory Division, Mobile District of the United States Army Corps of Engineers 109 St. Joseph Street Mobile, Alabama 36602

U.S. ARMY CORPS OF ENGINEERS 441 G Street NW Washington, DC 20310-0101

Sean P. Costello U.S. Attorney for the Southern District of Alabama 63 S. Royal Street, Suite 600 Mobile, Alabama 36602 Merrick B. Garland, U.S. Attorney General Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001

DONE and ORDERED this 9th day of November 2023.

s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE