United States District Court, M.D. Louisiana
MURPHY J. WILSON
GMFS, LLC, ET AL.
RULING AND ORDER
the Court is Plaintiffs Verified Emergency Petition
for Temporary Restraining Order and/or Preliminary
Injunction, and Declaratory Relief (Doc. 19). The
Court has jurisdiction in this matter pursuant to 28 U.S.C.
§ 1331. Oral argument is not required. For the reasons
stated below, Plaintiffs motion is DENIED.
J. Wilson ("Plaintiff') alleges that his house will
be sold "within the next week" and seeks a
temporary injunction on the sale to maintain the status quo
and avoid eviction. (Doc. 19 at p. 1). Plaintiff accuses
GMFS, LLC, Specialized Loan Servicing, LLC; Federal Home Loan
Mortgage Corporation, Issuing Entity Trust Freddie Mac
Multiclass Certificates, Series 4710, John Doe 1, and Does
1-100, inclusive ("Defendants") of "selling
[him] a loan product that [Defendants] knew or should have
known [he] would never be able to fully pay back." (Doc.
19 at p. 4). Specifically, Plaintiff claims that on or about
July 31, 2017, he executed a consumer credit transaction with
GMFS, LLC by obtaining a $313, 555.00 mortgage loan secured
by Plaintiffs residence, 3282 Meadow Grove Avenue, Zachary,
Louisiana 70791. (Id.). Plaintiff further alleges
that the note was secured by a deed made out to GMFS, LLC.
(Id.). Plaintiff claims generally that the terms of
the transaction are not clear, and are "illegal"
and violative of "several statutes." (Id.).
Plaintiff also alleges that the loan was underwritten without
GMFS having done due diligence to verify Plaintiffs income.
(Id.). The result of these actions, according to
Plaintiff, is that GMFS, LLC "illegally, deceptively, or
otherwise unjustly" qualified Plaintiff for a loan that
GMFS, LLC knew or should have known Plaintiff could never
preliminary injunction is an extraordinary and drastic
remedy; it is never awarded as of right." Munaf v.
Geren, 553 U.S. 674, 689-90 (2008) (internal citations
and quotations omitted). See also Allied Mktg. Grp., Inc.
v. CDL Mktg., Inc., 878 F.2d 806, 809 (5th Cir. 1989)
(preliminary injunctive relief "is an extraordinary
remedy and should be granted only if the movant has clearly
carried the burden of persuasion with respect to all four
factors"); Mississippi Power & Light Co. v.
United Gas Pipe Line Co., 760 F.2d 618, 621 (5th Cir.
1985) ("[t]he decision to grant a request for
preliminary injunction is to be treated as the exception
rather than the rule"). The decision whether to grant or
deny a request for a preliminary injunction is within the
sound discretion of the Court. See Allied Mlttg. Grp.,
Inc., 878 F.2d at 809. At all times, the burden of
persuasion remains with Plaintiff as to each of the four
elements. Specifically, a Plaintiff must establish: (1) a
substantial likelihood of prevailing on the merits; (2) a
substantial threat of irreparable injury if the injunction is
not granted; (3) the threatened injury outweighs any harm
that will result to the non-movant if the injunction is
granted; and (4) the injunction will not disserve the public
interest. See Ridgely v. Fed. Emergency Mgmt.
Agency, 512 F.3d 727, 734 (5th Cir. 2008). If a
plaintiff fails to meet his burden regarding any of the
necessary elements, the Court need not address the other
elements necessary for granting a preliminary injunction. See
Roho, Inc. v. Marquis, 902 F.2d 356, 261 (5th Cir.
1990) (declining to address the remaining elements necessary
to obtain a preliminary injunction after finding that the
plaintiff failed to show a substantial likelihood of success
on the merits).
Rule of Civil Procedure 5 sets forth the service requirements
for any motion filed in federal court. Specifically, unless
the Rules state otherwise, a written motion, except for those
that may be heard ex parte, must be served on every
party. Fed.R.Civ.P. 5(a)(1)(D). A certificate of service is
also required to be included with any filings not submitted
to the Court by way of electronic filing. Fed.R.Civ.P.
Civ. P. 65 provides:
The Court may issue a temporary restraining order without
written or oral notice to the adverse party or its attorney
(A) specific facts in an affidavit or a verified complaint
clearly show that immediate and irreparable injury, loss, or
damage will result to the movant before the adverse party can
be heard in opposition; and
(B) the movant's attorney certifies in writing any
efforts made to give notice and the reasons why it ...