IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR
UTAH COUNTY, STATE OF UTAH
DANIEL MORRIS
Plaintiff vs. SHELLY RUFF Defendant |
Civil No. 174402279
MOTION FOR PRELIMINARY INJUNCTION |
COMES NOW, Plaintiff, DANIEL MORRIS, with this Motion for a Preliminary Injunction and hereby Moves pursuant to Utah Code 13-5-14 for the issuance of a Preliminary Injunction against Defendant SHELLY RUFF.
FACTUAL BACKGROUND
Plaintiff and Defendant were married and had four issues from the marriage, to wit: Jack (15), Marley (13), Ty (11), and Henry (5).
On or about December 11, 2018, Plaintiff and Defendant got divorced vide a decree of divorce issued on the self-same date. [Exhibit 1].
Upon divorce, the Plaintiff re-married with Miranda, his current wife with four children: Raeghan (12), Rhonin (10), Tristin (8), and Taylee (6). Together, the couple has a baby boy, now 2 years old, with his wife.
In the decree of divorce, the Court awarded the parties 50/50 joint legal and physical custody. The Court further ordered that the Parties exchange information using Talking Parents unless otherwise agreed. And that questions/emails should be responded to within 48 hours. Further, the Court held that events and appointments should be placed on the Google calendar. The parties were also ordered to utilize a notebook to exchange information about the children and their welfare.
It was also ordered that the parties should reasonably consult with one another before making any decisions regarding any major issues affecting the children. Further, it was ordered that each party should make reasonable efforts to notify one another of the children’s respective medical and dental appointments; parent teacher conferences; school events and performances; parent volunteer opportunities; church events and other activities related therewith; unless the information is available online. And that if there is a medical emergency the parent shall notify the other parent telephonically within one hour. If the other parent does not answer, a message shall be left. The Court specifically stated in that regard that: “all major decisions concerning our child, including their health, education, and general welfare, daycare, education, and medical and dental treatment will be discussed.”
Pertaining the sharing of information, it was ordered that the parties use their best efforts to communicate and share information with each other on a frequent basis regarding their children’s development, school work, medical and dental treatment, and any other information appropriate to share with the other parent.
Unfortunately, Defendant has committed acts and/or omissions, which violated the directives in the Court Order. Notably, Defendant breached Section 17 of the Decree on Decision Making. Plaintiff honored his obligation by duly informing Defendant of the baptism of Ty. However, Defendant has not been involving Plaintiff in her decision making. For example, she got covid-19 mRNA shots for the Parties’ oldest two (Jack and Marley), without Plaintiff’s knowledge or consent.
Defendant published defamatory content on her Facebook platform. She published the defamatory content after Plaintiff raised genuine concerns that Defendant spent more time with the parties’ oldest and youngest children. [Exhibit 2]; and [Exhibit 3].
STANDARD OF REVIEW
Rule 65A(e) of the Utah Rules of Civil Procedure sets forth the standards for a preliminary injunction under Utah law:
- The applicant will suffer irreparable harm unless the injunction issues;
- The threatened injury to the applicant outweighs whatever damage the proposed injunction may cause the party enjoined;
- The injunction, if issued, would not be adverse to the public interest; and
- There is a substantial likelihood that the applicant will prevail on the merits of the underlying claim, or the case presents serious issues on the merits which should be the subject of further litigation.
See Utah R. Civ. P. 65A(e); see also Hunsaker v. Kersh, 991 P.2d 67, 69 (Utah 1999); Water & Energy Sys. Tech. Inc. v. Keil, 974 P.2d 821, 822 (Utah 1999).
ARGUMENTS
- The Plaintiff will suffer irreparable harm if the Court doesn’t give the injunction
Irreparable harm is “that which cannot be adequately compensated in damages or for which damages cannot be compensable in money”—in other words, harm from which the injured party cannot be made whole by monetary compensation. See Hunsaker v. Kersh, 1999 UT 106, ¶ 9, 991 P.2d 67 (emphasis omitted) (citation and internal quotation marks omitted). Thus, an injunction may be appropriate to prevent harms that “occasion damages that are estimated only by conjecture, and not by any accurate standard.” Id. (citation and internal quotation marks omitted).
Defendant’s conduct has exposed Plaintiff to emotional harm and distress. This harm cannot be compensated in pecuniary terms.
- The threatened harm on Plaintiff outweighs any harm that Defendant may be occasioned following the issuance of an injunction
An injunction may be appropriate to prevent harms that “occasion damages that are estimated only by conjecture, and not by any accurate standard. Hunsaker v. Kersh, 1999 UT 106, ¶ 9, 991 P.2d 67
Plaintiff contends that the Defendant does not stand to suffer any harm consequential to the injunction. And in the event his Court holds that Defendant would suffer in any manner, the harm done on Plaintiff outweighs the alleged harm on Defendant. Notably, Plaintiff has suffered emotional distress and harm.
- The injunction would not be adverse to public interest
“A matter falls within the public interest `when the case presents an issue that affects the public interest, is likely to recur, and because of the brief time that any one litigant is affected, is capable of evading review.”‘ See McBride v. Utah State Bar, 2010 UT 60, ¶ 13, 242 P.3d 769. Matters of public interest raises issues that are so unique and of such great importance that they ought to be decided in furtherance of the public interest. National Parks Conservation Ass’n. v. Board of State Lands, 869 P.2d 909, 913 (Utah 1993).
Plaintiff submits that an injunction in the circumstances would violate public interest. Instead, Plaintiff seeks to protect his reputation and/or image from further harm pursuant to Defendant’s malicious conduct.
- Plaintiff’s case raises serious issues on the merits which should be the subject of further litigation.
“A party seeking a preliminary injunction must demonstrate, among other things, a likelihood of success on the merits.” Munaf v. Geren, 553 U.S. 674, 690 (2008) (quotation simplified).
Plaintiff submits that his case raises genuine matters of concern, which have a high likelihood for success on their merits. Notably, Defendant violated Utah Code 76-9-201, by engaging in electronic communication harassment. Defendant published defamatory content on her Facebook platform. She published the defamatory content after Plaintiff raised genuine concerns that Defendant spent more time with the parties’ oldest and youngest children. Plaintiff avers that Defendant made the said communication with intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, or frighten Plaintiff. Further, Defendant published the information on her Facebook account to insult, taunt, or challenge the Plaintiff in a bid to provoke a violent or disorderly response.
Defendant is also liable for Civil Contempt. The Decree of Divorce contained pertinent provisions on the post-divorce conduct of the parties. However, Defendant acted in disregard of the said provisions.
WHEREFORE, Plaintiff Daniel Morris respectfully requests this Court to enter judgment in his favor, entering a preliminary injunction ordering that:
- Enjoins Defendant from posting any further comment; communication, or information regarding Plaintiff; and
- Enjoining Defendant from making any public comment about the Parties’ previous marriage, the divorce, and the ensuing Decree of Divorce.
Dated this _____ day of ______, 2021
Respectfully submitted:
Dated: __________
CERTIFICATE OF MAILING
I, [ENTER NAME], certified on this ______day of ________ 2021, I deposited a true copy of the above to the Defendant by placing the documents with prepaid postage in the United States mailbox address.
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