Hernandez v. Miller
- Vernon Broderick
- 1:22-cv-06964
- U.S. District Court · Southern District of New York
- 3
In Hernandez v. Miller, Judge Broderick ordered the parties to prepare for a hearing on emergency injunctive relief and address standing, harm, and citizenship.
Caleb S. Hernandez, Larry Miller, Eric Eisbrenner, Certa Dose, Inc., CD Acquisitions LLC, and the other parties were affected by the court’s order requiring preparation for the hearing; the order also sought information concerning CD Acquisitions LLC and its members.
What happened
In Hernandez v. Miller, Caleb S. Hernandez sought emergency injunctive relief based on an alleged unauthorized access to an account belonging to CD Acquisitions LLC. The court scheduled a telephone hearing for September 28, 2022.
The court instructed the parties to be ready to address whether the requested relief concerned claims actually stated in the amended complaint, whether Hernandez had the legal right to seek relief involving an account belonging to a nonparty, and whether the alleged harm was specific, immediate, and not adequately remedied by money. The court also requested information about protections for CD Acquisitions’ confidential information, the material allegedly accessed, and the parties’ citizenship and business status.
Judge Vernon S. Broderick issued an order requiring preparation for the hearing, but the order did not decide Hernandez’s motion for emergency injunctive relief.
The detailed version
- Hernandez v. Miller · No. 1:22-cv-06964
- Vernon Broderick
- Sept. 26, 2022
Background
Caleb S. Hernandez moved for emergency injunctive relief. The court scheduled a telephone hearing on the motion for September 28, 2022, at 11:00 a.m. The order does not state that the court granted or denied the motion.
The order says that the basis for the requested relief was an allegation that an account belonging to CD Acquisitions LLC had been accessed without authorization. CD Acquisitions LLC was not a party to the action.
Questions for the Hearing
The court ordered the parties to prepare to address these questions:
- Whether the court could grant injunctive relief—an order requiring or prohibiting conduct—to remedy claims not pleaded in the amended complaint. The order cited decisions stating that preliminary relief should concern the same subject matter as the claims in the lawsuit. - How Hernandez could establish standing, meaning a personal legal basis to seek the requested relief, when the account allegedly accessed belonged to CD Acquisitions LLC and that company was not a party. - How Hernandez could show specifically that he would suffer irreparable harm, meaning harm that could not adequately be repaired with money, if an injunction were not issued. - How he could show that the alleged injury was actual and imminent rather than remote or speculative. - What steps had been taken to protect CD Acquisitions’ confidential information. - What specific material had allegedly been accessed, copied, or downloaded. - Why monetary damages would be an inadequate remedy. - The citizenship of Caleb S. Hernandez, Larry Miller, and Eric Eisbrenner. - The citizenship and current business status of Certa Dose, Inc. - The members of CD Acquisitions LLC and the citizenship of each member.
Disposition
The court ordered the parties to prepare to discuss these issues at the scheduled hearing. This order did not resolve the emergency-injunction motion or make a final ruling on the requested relief.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.