Automated Summary
Key Facts
Plaintiff Ricky Antonio Johnson filed a lawsuit against Defendant Ally Financial Inc., alleging the Defendant wrongfully sought replevin of his automobile in Seminole County, Florida, Case No. 2025-CC-1579, in violation of the automatic stay under 11 U.S.C. § 362(k). The Plaintiff purchased the automobile from Off Lease Only LLC, which filed for Chapter 11 bankruptcy proceedings on September 7, 2023. Despite alleging he is not a party to the bankruptcy proceedings, the Plaintiff claims the Defendant engaged in harassment and constitutional violations. The Court denied the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, finding the Plaintiff failed to demonstrate why notice to defendants was impractical and that the Complaint and Motion lacked specific causes of action or supporting facts showing immediate irreparable harm.
Issues
- The court evaluated whether to grant Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction under Federal Rule of Civil Procedure 65(b), examining whether the movant demonstrated (1) a substantial likelihood of success on the merits, (2) irreparable injury if relief is not granted, (3) that threatened injury outweighs harm to the non-movant, (4) that entry serves public interest, and (5) whether notice to defendants was impractical as required by Local Rule 6.01(b)(2).
- The court considered Plaintiff's allegation that Defendant wrongfully sought replevin of Plaintiff's automobile in state court in violation of the automatic stay under 11 U.S.C. § 362(k), given that Off Lease Only LLC initiated Chapter 11 bankruptcy proceedings on September 7, 2023, and Plaintiff claimed he is not a party to those proceedings.
Holdings
The court denied Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 6). The court concluded that the Plaintiff failed to present facts or evidence stating why notice to defendants is impractical as required by Local Rule 6.01(b)(2). Additionally, the Complaint and Motion suffered from substantive defects: the Complaint failed to identify specific causes of action or their elements, and the Motion failed to develop argument, cite supportive authorities, or point to specific facts showing immediate irreparable harm. The court could have denied the Motion on notice grounds alone but noted these additional substantive deficiencies.
Legal Principles
Court applies Federal Rule of Civil Procedure 65(b) requiring movant to establish: (1) substantial likelihood of success on merits, (2) irreparable injury if relief not granted, (3) threatened injury outweighs harm to non-movant, and (4) entry serves public interest. Additionally, moving party must present facts showing why notice is impractical. Motion denied for failure to demonstrate why notice is impractical and insufficient showing of immediate irreparable harm.
Precedent Name
Schiavo ex rel. Schindler v. Schiavo
Cited Statute
- Fair Debt Collection Practices Act
- Americans with Disabilities Act Title II
- Bankruptcy Code
- Civil Rights Act Section 1985 conspiracy
- Civil Rights Act Section 1983
- Seventh Amendment jury trial right
Judge Name
Wendy W. Berger
Passage Text
- For the reasons set forth herein, it is ORDERED and ADJUDGED that Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 6) is DENIED. DONE AND ORDERED in Orlando, Florida on August 4, 2025.
- The Court concludes that Plaintiff's Motion fails because Plaintiff fails to present facts or identify evidence stating why notice to defendants is impractical as required by Local Rule 6.01(b)(2), and the Motion fails to develop argument, cite to supportive authorities, and point to specific facts showing immediate irreparable harm.
- The Complaint and the Motion suffer from additional substantive defects. In the Complaint, Plaintiff's claims for relief include copious factual allegations, but fail to identify specific causes of action or the elements thereof. The Court is left to speculate as to what acts or omissions give rise to the alleged liability.