Legal Opinion

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

District Court, N.D. Alabama

Decided February 18, 2014No. Civil Action No. 2:13-CV-2136-WMAPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM M. ACKER, JR., District Judge.

Plaintiffs in the above-entitled action are asking this court to waive the surety bond required by Rule 65(c), Fed.R.Civ.P., as a prerequisite to the entry of a preliminary injunction.

During its 31 years on the bench, this court has never waived the bond required by Rule 65(c), or reduced it to a nominal amount, and it has never been asked to do so. This, then, is a ease of first impression for this court. Because an injunction would cause great economic harm to some of the parties sought to be enjoined, this court now echoes and adopts…

2Cases cited5 opinions

  1. Zambelli Fireworks Manufacturing Co. v. WoodCourt of Appeals for the Third Circuit · 2010
  2. Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
  3. Fed. Sec. L. Rep. P 95,417 Stephen Blumenthal and Les Fein v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1990
  4. Sprint Communications Company L.P. v. Cat Communications International, IncCourt of Appeals for the Third Circuit · 2003
  5. Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.Court of Appeals for the Eleventh Circuit · 2013

3Cited by6 opinions

  1. DJR Associates, LLC v. HammondsDistrict Court, N.D. Alabama · 2017
  2. APR Energy, LLC v. First Investment Group Corp.District Court, M.D. Florida · 2015
  3. APR Energy, LLC v. First Investment Group Corp.District Court, M.D. Florida · 2014
  4. Pierce Manufacturing, Inc. v. E-One, Inc.District Court, M.D. Florida · 2022
  5. REED v. LONGDistrict Court, M.D. Georgia · 2019

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