Case 3:16-cv-00113-GNS Document 44 Filed 07/27/16 Page 1 of 2 PageID #: 998

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:16-CV-00113-GNS

ST. CATHARINE COLLEGE, INC.

PLAINTIFF

v.

JOHN B. KING, JR., in his Official Capacity

as Acting Secretary of the United States
Department of Education; and
KATHY FEITH, in her Individual Capacity
as an employee of the United States
Department of Education

DEFENDANTS

ORDER
This matter is before the Court upon Plaintiffs Motion for Preliminary Injunction (DN
6). The motion is fully briefed and ripe for adjudication. For the reasons stated, the motion is
DENIED AS MOOT.
A preliminary injunction is an extraordinary remedy that is generally used to preserve
the status quo between the parties pending a final decision of the merits of the action. IP, LLC
v. Interstate Vape, Inc., No. 1:14CV-00133-JHM, 2014 WL 5791353, at *2 (W.D. Ky. Nov. 6,
2014). In determining whether to issue a preliminary injunction, a court must balance the
following four factors:
(1) whether the movant has a strong likelihood of success on the merits; (2)
whether the movant would suffer irreparable injury without the injunction; (3)
whether issuance of the injunction would cause substantial harm to others; and (4)
whether the public interest would be served by the issuance of the injunction.

Case 3:16-cv-00113-GNS Document 44 Filed 07/27/16 Page 2 of 2 PageID #: 999

Certified Restoration Dry Cleaning Network, LLC v. Tenke Corp., 511 F.3d 535, 542 (6th Cir.
2007) (quoting Tumblebus Inc. v. Cranmer, 399 F.3d 754, 760 (6th Cir. 2005)).
The Court concludes that Plaintiff St. Catharine College (SCC) cannot satisfy all of the
factors for relief. In support of its motion, Plaintiff stated that [Department of Education]s
refusal to reimburse SCC for such large amounts of money has jeopardized the Colleges ability
to continue to operate. SCC will likely be unable to remain in operation for very long if it does
not receive the [federal student aid] reimbursement to which it is entitled. (Pl.s Mem. in Supp.
of Mot. for Prelim. Inj. 7, DN 6-1). On June 1, 2016, Plaintiff announced that it would be
closing effective the end of July 2016. During the telephonic status conference on July 26, 2016,
Plaintiffs counsel confirmed that SCC was in the process of issuing its final diplomas for
summer graduates and the closure would still be occurring as announced. Accordingly, the
Court concludes that the issuance of a preliminary injunction would not prevent the irreparable
harm identified by Plaintiff.
For the reasons detailed above, IT IS HEREBY ORDERED that Plaintiffs Motion for
Preliminary Injunction (DN 6) is DENIED AS MOOT.

Greg N. Stivers, Judge

United States District Court
July 27, 2016

cc:

counsel of record