Al-Dabagh v. Case Western Reserve University, No. 1:2014cv01046 - Document 9 (N.D. Ohio 2014)
Court Description: Opinion and Order signed by Judge James S. Gwin on 5/14/14 granting plaintiff's motion for a temporary restraining order. The Court enjoins the university from 1) expelling or dismissing plaintiff from the School of Medicine and 2) discl osing to anyone that plaintiff has been expelled or dismissed from the university. The Court schedules this matter for a hearing on 5/19/14 at 10:00 a.m., Courtroom 18A (Cleveland) at which time the Court will determine whether to continue the temporary restraining order. Plaintiff must post a $200 cash bond. The Court denies the emergency motion for a conference before 5/17/14 as moot. (Related Docs. 3 , 8 ) (M,G)
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Al-Dabagh v. Case Western Reserve University UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: AMIR A. AL-DABAGH, : : Plaintiff, : : vs. : : CASE WESTERN RESERVE : UNIVERSITY, : : Defendant. : : ------------------------------------------------------- Doc. 9 CASE NO. 1:14-CV-01046 OPINION & ORDER [Resolving Doc. 8] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Amir Al-Dabagh is a student at Defendant Case Western Reserve University’s School of Medicine.1/ Although he had two incidents involving the University’s Committee on Students, responsible for discipline, the University told Al-Dabagh on April 10, 2014, that he was scheduled to graduate on May 18, 2014.2/ However, on April 14, 2014, the University’s Committee on Students informed Al-Dabagh that the Committee would “review [his] progress in medical school and may issue sanctions” because of a conviction for driving while intoxicated in North Carolina.3/ On April 18, 2014, the Committee informed Al-Dabagh that he would be dismissed from the medical school “effective immediately, for continued and serious breaches in the code of conduct and standards of professionalism.”4/ On May 8, 2014, the Committee revised its ruling, allowing Al-Dabagh the chance to 1/ Doc. 2-2, Al-Dabagh Decl. at 1 ¶¶ 3-6. Doc. 2-7. 3/ Doc. 2-14. 4/ Doc. 2-15. 2/ Dockets.Justia.com Case No. 1:14-CV-01046 Gwin, J. withdraw from the University before May 19; if he does not withdraw by then, the University says it will dismiss him.5/ Before this disciplinary process, Al-Dabagh was supposed to graduate on May 18 and begin a residency program in Columbus on June 17, 2014.6/ On May 14, 2014, Al-Dabagh sued Case for breach of contract7/ and moved for a temporary restraining order8/ and a preliminary injunction.9/ He seeks an order from this Court enjoining the University from “denying Al-Dabagh the medical school degree and diploma he had earned,” from disclosing to anyone that Al-Dabagh had been expelled or dismissed, and from placing in his file at Case that he had been expelled or dismissed.10/ Al-Dabagh also moves for an emergency hearing on his motions.11/ In deciding whether to grant injunctive relief under Civil Rule 65, the Court considers four factors: (1) the movant’s likelihood of success on the merits; (2) whether the movant will suffer irreparable harm without the injunction; (3) whether granting the injunction will cause substantial harm to others; and (4) the impact of the injunction on the public interest.12/ A court need not make specific findings on each factor, if fewer factors dispose of the issue.13/ An injunction is an 5/ Doc. 2-16. Doc. 2-2, Al-Dabagh Decl. at 4 ¶¶ 28-29. 7/ Doc. 1. 8/ Doc. 3. 9/ Doc. 2. 10/ Doc. 2; Doc. 3. 11/ Doc. 8. 12/ Eden Foods, Inc. v. Sebelius, 733 F.3d 626, 631 (6th Cir. 2013) (citing Ne. Ohio Coal. for Homeless v. Husted, 696 F.3d 580, 590-91 (6th Cir. 2012)). 13/ Six Clinics Holding Corp., II v. Cafcomp Sys., Inc., 119 F.3d 393, 399 (6th Cir. 1997). 6/ -2- Case No. 1:14-CV-01046 Gwin, J. “extraordinary remedy” available only when the circumstances “clearly demand it.”14/ In this case, the Court finds that two factors—whether Al-Dabagh will suffer irreparable injury and whether granting the injunction will cause substantial harm to others—dispose of the issue and support a limited temporary restraining order. Recall, Al-Dabagh is scheduled to begin a residency program on June 17. If the University expels or dismisses Al-Dabagh on May 19, that opportunity will likely become unavailable to AlDabagh. If he is unable to begin a residency program, his career as a doctor will, at the very least, be delayed by a year. Therefore, the Court finds that Al-Dabagh has established a threat of irreparable harm in the absence of a temporary restraining order. The Court also finds that a limited restraining order will not cause harm to the University. The Court schedules this matter for a hearing on May 19, 2014; restraining the University from dismissing until the hearing will not harm the University or other third-parties. Therefore, the Court ENJOINS the University from 1) expelling or dismissing Al-Dabagh from the School of Medicine and 2) disclosing to anyone that Al-Dabagh has been expelled or dismissed from the University. The Court schedules this matter for a hearing on May 19, 2014, at 10:00 a.m., Courtroom 18A (Cleveland) when the Court will determine whether to continue the temporary restraining order. Al-Dabagh must post a $200 cash bond. The Court DENIES the 14/ Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. 2000). -3- Case No. 1:14-CV-01046 Gwin, J. emergency motion for a conference before May 17, 2014, as moot. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: May 14, 2014 -4-
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