JESSE LEE
v.
CITY OF GULFPORT AND JAMES O’REILLY
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Summary judgment is granted in favor of the defendants on Counts X and XI, and the parties' motions in limine are denied as moot.
[1] Declaratory and injunctive relief are not stand-alone causes of action but are remedies available only when a plaintiff demonstrates the infringement of an independent le…
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Join FLexlaw to unlock all legal intelligence“An injunction is a remedy potentially available only after a plaintiff can make a showing that some independent legal right is being infringed – if the plaintiff's rights have not been violated, he is not entitled to any relief, injunctive or otherwise.”
Court's statement of the legal standard for injunctive relief
Plaintiff Jesse Lee sued the City of Gulfport and James O'Reilly. The court considered the parties' responses to an order regarding summary judgment o…
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This matter is before the Court on consideration of the Court's November 13, 2025 Order pursuant to Federal Rule of Civil Procedure 56(f) directing the parties to file responses regarding Defendants' entitlement to summary judgment on Counts X and XI (Doc. # 123), Defendants City of Gulfport and James O'Reilly's Joint Motion in Limine (Doc. # 115), and Plaintiff Jesse Lee's Motion in Limine (Doc. # 116). Defendants responded to the Court's Order on November 18, 2025 (Doc. # 125), and Mr. Lee responded on November 20, 2025. (Doc. # 126). For the reasons that follow, summary judgment is granted in favor of Defendants on Counts X and XI, and the Motions in Limine are denied as moot.
Counts X and XI, which seek declaratory and injunctive relief regarding Gulfport's trespass policy, are not stand-alone claims. Pauley v. M&T Bank, No. 8:25-cv-2429-TPB-AEP, 2025 WL 2624519, at *2 (M.D. Fla. Sept. 11, 2025); see also Alabama v. U.S. Army Corps of Eng’rs, 424 F. 3d 1117, 1127 (11th Cir. 2005) (“An injunction is a remedy potentially available only after a plaintiff can make a showing that some independent legal right is being infringed — if the plaintiff's rights have not been violated, he is not entitled to any relief, injunctive or otherwise." (citation and internal quotation marks omitted)). In any event, in light of the Court's ruling on the parties’ Motions for Summary Judgment that Gulfport's trespass policy did not violate Mr. Lee's due process rights (Doc. # 122), Defendants and Mr. Lee agree that Defendants are entitled to summary judgment on Counts X and XI. (Doc. ## 125, 126). Therefore, Defendants are granted summary judgment on Count X and XI.
The parties' Motions in Limine are denied as moot considering the Court's rulings granting summary judgment to Defendants.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1) Summary judgment in favor of Defendants City of Gulfport and James O'Reilly is granted on Counts X and XI.
(2) Defendants City of Gulfport and James O'Reilly's Joint Motion in Limine (Doc. #115) is DENIED as moot.
(3) Plaintiff Jesse Lee's Motion in Limine (Doc. # 116) is DENIED as moot.
(4) The Clerk is directed to enter judgment in favor of Defendants City of Gulfport and James O'Reilly and against Plaintiff Jesse Lee.
(5) Thereafter, the Clerk is directed to cancel the trial scheduled for December 2025, terminate all deadlines, and CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 4th day of December, 2025.
VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE
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Lee v. City of Gulfport & James O'Reilly, 2025 WL 2624519 (M.D. Fla. 2025)…fendants on Counts X and XI, and the Motions in Limine are denied as moot. Counts X and XI, which seek declaratory and injunctive relief regarding Gulfport's trespass policy, are not standalone claims. Pauley v. M&T Bank, No. 8:25-cv-2429-ТРВ-АЕР, 2025 WL 2624519, at *2 (M.D. Fla. Sept. 11, 2025); see also Alabama V. U.S. Army Corps of Eng’rs, 424 F.3d 1117, 1127 (11th Cir. 2005) (“An injunction is a remedy potentially available only after a plaintiff can make a showing that some independent legal right is b…
Authorities Cited
- State of Ala. v. United States Army Corps OF Eng'rs, 424 F.3d 1117 (11th Cir. 2005)
- Lee v. City of Gulfport & James O'Reilly, 2025 WL 2624519 (M.D. Fla. 2025)