Perez v. Evans

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : ERIC ANDREW PEREZ, : : Plaintiff, : : 24-CV-356 (VSB) (SN) -against- : : DR. NEIL C. EVANS, et al., : ORDER : Defendants. : : ----------------------------------------------------------X VERNON S. BRODERICK, United States District Judge: I am in receipt of Plaintiff’s motion for a temporary restraining order, filed on July 28, 2025. (Doc. 141.) I am currently in the process of reviewing Plaintiff’s objections, (Doc. 136) to Magistrate Judge Netburn’s Report and Recommendation, which recommends that I dismiss all of Plaintiff’s claims with prejudice, (Doc. 132). If I overrule Plaintiff’s objections and adopt the Report and Recommendation, I would have to deny Plaintiff’s motion for a temporary restraining order because Plaintiff cannot meet the minimum requirement of establishing the existence of sufficiently serious questions going to the merits of Plaintiff’s claims to make them a fair ground for litigation. See Echo Design Grp., Inc. v. Zino Davidoff S.A., 283 F. Supp. 2d 963, 966 (S.D.N.Y. 2003) (“In order to prevail on a motion for a preliminary injunction and/or temporary restraining order, a party must establish . . . either (1) a likelihood of success on the merits of the underlying claim or (2) sufficiently serious questions going to the merits of the claim and a balance of hardships tipping decidedly in the moving party’s favor.”); see also Bragg v. Jordan, 669 F. Supp. 3d 257, 267 (S.D.N.Y. 2023) (“Where a party seeking a temporary restraining order fails to establish a likelihood of success on the merits, ‘there is no need to address the other prongs of the analysis.’” (quoting Oneida Nation of New York v. Cuomo, 645 F.3d 154, 164 (2d Cir. 2011))). Therefore, Defendants need not respond to the motion for a temporary restraining order until I issue my opinion regarding the pending Report and Recommendation.

SO ORDERED.

Dated: August 1, 2025 New York, New York / 4 Vernon S. Broderick United States District Judge EXHIBIT 1