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Swain v. Junior

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Apr 30, 2020
Case No.: 1:20-cv-21457-KMW (S.D. Fla. Apr. 30, 2020)

Opinion

Case No.: 1:20-cv-21457-KMW

04-30-2020

ANTHONY SWAIN, et al., Plaintiffs, v. DANIEL JUNIOR, et al., Defendants.


ORDER DENYING DEFENDANTS' EMERGENCY MOTION TO STAY

THIS MATTER is before the Court on Defendants' emergency motion to stay the preliminary injunction entered on April 29, 2020. (DE 102). This Court must consider four factors when deciding whether to stay an injunction pending appeal: "(1) whether the stay applicant has made a strong showing that it is likely to succeed on the merits, (2) whether the applicant will be irreparably injured absent a stay, (3) whether the issuance of the stay will substantially injure the other parties interested in the proceeding, and (4) where the public interest lies." Democratic Exec. Committee of Fla. v. Lee, 915 F.3d 1312, 1317 (11th Cir. 2019) (citing Nken v. Holder, 556 U.S. 418, 434 (2009)). "Considering that this test is so similar to that applied when considering a preliminary injunction, courts rarely stay a preliminary injunction pending appeal." Florida Democratic Party v. Detzner, 2016 WL 6090943, at *9 (N.D. Fla. Oct. 16, 2016) (concluding that no "exceptional circumstances" justified staying preliminary injunction).

Because Defendants' motion fails to demonstrate that they are likely to succeed on the merits or that they will be irreparably harmed absent a stay, there is no basis for the Court to stay the preliminary injunction order. And, for the reasons stated in the preliminary injunction order (DE 100), the Court finds that Plaintiffs will be substantially injured absent a preliminary injunction and that the preliminary injunction serves the public interest.

Defendants have represented that they have "already implemented, and ha[ve] consistently maintained in place, all of the measures ordered by this Court." (DE 67 at 27). Thus, Defendants cannot show they will be harmed by the narrow preliminary injunction order, which significantly mirrors the measures Defendants maintain are already in place at Metro West. See Robinson v. Harris, No. 20-11401-B (11th Cir. Apr. 23, 2020) ("The chief function of a preliminary injunction is to preserve the status quo until the merits of the controversy can be fully and fairly adjudicated.") (quoting Ne. Fla. Ch. of Ass'n of Gen. Contractors v. City of Jacksonville, 896 F.2d 1283, 1284 (11th Cir. 1990)).

Accordingly, based upon the Court's review of the emergency motion, Plaintiffs' response, the entire record, and relevant case law, it is ORDERED and ADJUDGED that the motion (DE 102) is DENIED.

DONE AND ORDERED in chambers in Miami, Florida, this 30th day of April, 2020.

/s/_________

KATHLEEN M. WILLIAMS

UNITED STATES DISTRICT JUDGE


Summaries of

Swain v. Junior

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Apr 30, 2020
Case No.: 1:20-cv-21457-KMW (S.D. Fla. Apr. 30, 2020)
Case details for

Swain v. Junior

Case Details

Full title:ANTHONY SWAIN, et al., Plaintiffs, v. DANIEL JUNIOR, et al., Defendants.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Date published: Apr 30, 2020

Citations

Case No.: 1:20-cv-21457-KMW (S.D. Fla. Apr. 30, 2020)

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