Hodges v. McGough Enterprises LLC

Background

Jamie Hodges, representing himself, filed an urgent application for injunctive relief and a gag order against Meagan McGough. The caption also identifies McGough Enterprises LLC, individually and doing business as McGough Academy, as a defendant. The application sought immediate restrictions on McGough’s communications about the litigation.

Plaintiff’s request and allegations

Hodges asked the court to prohibit McGough from directly or indirectly contacting him, his family members, or third parties regarding the case. He also requested an order barring public or private statements about the case, including statements on social media.

Hodges alleged that McGough sent an insulting and harassing message to his mother on October 9, 2023. He further alleged that McGough used an anonymous Instagram account under the handle “tattle_trebles” to make false and defamatory statements about him and others, including by posting an email from prior counsel. The application cited these allegations as support for emergency injunctive relief and asserted that the conduct could interfere with the litigation.

Ruling

Judge Nelson Roman denied the pro se plaintiff’s application for a temporary restraining order without prejudice to renew because of the plaintiff’s failure to comply with Federal Rule of Civil Procedure 6. “Without prejudice to renew” means the order did not state that a renewed application was barred. The court did not decide whether the alleged communications were harassment or defamation, whether a gag order was legally justified, or whether Hodges otherwise met the requirements for emergency injunctive relief. The clerk was directed to mail Hodges a copy of the endorsement at the address listed in the court’s electronic filing system, and the motion at ECF No. 54 was terminated.