Texas Insurance Company v. Talisman Specialty Underwriters, Inc.

E.D. Louisiana

Texas Insurance Company v. Talisman Specialty Underwriters, Inc.

DecidedAugust 16, 2023

Docket2:23-cv-03412

StatusUnknown

This text of Texas Insurance Company v. Talisman Specialty Underwriters, Inc. (Texas Insurance Company v. Talisman Specialty Underwriters, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Texas Insurance Company v. Talisman Specialty Underwriters, Inc., (E.D. La. 2023).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

TEXAS INSURANCE COMPANY CIVIL ACTION

VERSUS NO. 23-3412

TALISMAN SPECIALTY SECTION “R” (1) UNDERWRITERS, INC.

ORDER AND REASONS

Plaintiff moves for a temporary restraining order and a preliminary injunction.1 The motion is denied. Federal Rule of Civil Procedure 65 requires a satisfactory explanation of why relief should be granted without notice, and plaintiff has not satisfied this requirement. See Fed. R. Civ. P. 65(b)(1). Substantively, “[a] temporary restraining order is not warranted when the movant fails to demonstrate irreparable injury.” Cajun Servs. Unlimited, LLC v. Benton Energy Serv. Co., No. 17-491, 2020 WL 10486334, at *4 (E.D. La. Oct. 16, 2020); Morgan v. Fletcher, 518 F.2d 236, 240 (5th Cir. 1975). “Plaintiff[] must show that there is a ‘presently existing actual threat’ in order to obtain a preliminary injunction; a ‘speculative injury’ is not sufficient. And there is no irreparable injury where

1 R. Doc. 2. money damages would adequately compensate a plaintiff.” Foley v. SAFG Ret. Serus., Inc., No. 10-2827, 2011 WL 4344611, at *4 (E.D. La. Sept. 15, 2011) (citations omitted) (quoting Canal Auth. of State of Fla. v. Callaway, 489 F.2d 567, 572 (5th Cir. 1974)). Further, the Court finds that it must hear from defendants in order to determine whether the requisites for Rule 65 relief have been satisfied. The Court will set a status conference for the

purpose of setting a hearing on the motion for a preliminary injunction by separate order.

New Orleans, Louisiana, this 16th day of August, 2023. Varer SARAH S. VANCE UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

TEXAS INSURANCE COMPANY CIVIL ACTION

VERSUS NO. 23-3412

TALISMAN SPECIALTY SECTION “R” (1) UNDERWRITERS, INC.

ORDER AND REASONS

Plaintiff moves for a temporary restraining order and a preliminary injunction.1 The motion is denied. Federal Rule of Civil Procedure 65 requires a satisfactory explanation of why relief should be granted without notice, and plaintiff has not satisfied this requirement. See Fed. R. Civ. P. 65(b)(1). Substantively, “[a] temporary restraining order is not warranted when the movant fails to demonstrate irreparable injury.” Cajun Servs. Unlimited, LLC v. Benton Energy Serv. Co., No. 17-491, 2020 WL 10486334, at *4 (E.D. La. Oct. 16, 2020); Morgan v. Fletcher, 518 F.2d 236, 240 (5th Cir. 1975). “Plaintiff[] must show that there is a ‘presently existing actual threat’ in order to obtain a preliminary injunction; a ‘speculative injury’ is not sufficient. And there is no irreparable injury where

1 R. Doc. 2. money damages would adequately compensate a plaintiff.” Foley v. SAFG Ret. Serus., Inc., No. 10-2827, 2011 WL 4344611, at *4 (E.D. La. Sept. 15, 2011) (citations omitted) (quoting Canal Auth. of State of Fla. v. Callaway, 489 F.2d 567, 572 (5th Cir. 1974)). Further, the Court finds that it must hear from defendants in order to determine whether the requisites for Rule 65 relief have been satisfied. The Court will set a status conference for the

purpose of setting a hearing on the motion for a preliminary injunction by separate order.

New Orleans, Louisiana, this 16th day of August, 2023. Varer SARAH S. VANCE UNITED STATES DISTRICT JUDGE

The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.

489 F.2d 567 (Fifth Circuit, 1974)

Dolta Jo Morgan v. James C. Fletcher, Administrator, National Aeronautics and Spaceadministration

518 F.2d 236 (Fifth Circuit, 1975)

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