United States District Court, N.D. Mississippi, Greenville Division
M. BROWN, UNITED STATES DISTRICT JUDGE
the Court are several motions for injunctive relief filed by
Thomas Burrell. Docs. #21, #43, #47, #54.
December 4, 2017, Thomas Burrell filed a complaint in the
United States District Court for the Northern District of
Mississippi, naming as defendants Wayne Carlisle, Wayne
Carlisle Farms (collectively, “Carlisle”), and
Deer Creek Farm, Inc. Doc. #1. On January 11, 2018,
Burrell filed an amended complaint against the same
defendants regarding his sublease of three tracts of farm
land, alleging claims for breach of contract, tortious breach
of contract, intentional misrepresentation (fraud),
promissory estoppel, equitable estoppel and detrimental
reliance, civil conspiracy, and race discrimination pursuant
to 42 U.S.C. § 1981. Doc. #2.
February 6, 2018, Carlisle filed an answer to the amended
complaint and counterclaims for breach of contract, costs of
enforcement, trespass, and fraud. Doc. #4. Eight days later,
Deer Creek filed an answer to the amended
complaint. Doc. #10.
April 9, 2018, Burrell filed a “Motion for a Temporary
Restraining Order and Preliminary Injunction”
(“TRO Motion”) seeking to enjoin the defendants
from removing him from “farmland on which he currently
has crops, and from banning him from reentry to continue
farming operations and to harvest crops.” Doc. #21 at 3.
Four days later, this Court held a telephonic status
conference with the parties regarding, among other things,
the TRO Motion. Doc. #27.
7, 2018, Burrell filed an “Emergency Motion for
Authority to Access Land and Harvest Crops and Interim
Relief” (“Emergency Motion”) seeking
“to access Tracts [to] harvest wheat crops that are his
property but are currently in the possession and control of
… Carlisle” and to “enjoin …
Carlisle from harvesting the wheat crops” pending the
Emergency Motion's resolution. Doc. #43 at 1-2. Four days
later, on June 11, 2018, Burrell filed an “Amended
Emergency Motion for Authority to Access Land and Harvest
Crops and Interim Relief” (“Amended Emergency
Motion”) seeking the same relief to access and harvest
as in the Emergency Motion plus “interim relief,
including authority to take possession of any harvested wheat
crop and the imposition of an escrow and an accounting of any
proceeds from any sale of the wheat crop by …
Carlisle.” Doc. #47 at 1. That day, the Court held a
telephonic status conference with the parties and set a
hearing on the Amended Emergency Motion for June 13, 2018.
Docs. #49, #51. The next day, Burrell filed a “Second
Amended Emergency Motion for Authority to Access Land and
Harvest Crops and Interim Relief” (“Second
Emergency Motion”) seeking the same relief as that in
the Amended Emergency Motion. Doc. #54.
13, 2018, the Court held a hearing on the Amended Emergency
Motion. Doc. #58. At the hearing, Burrell withdrew
the Emergency Motion. Also at the hearing, Carlisle's
counsel represented that the crop had been harvested and
stored by Carlisle in a grain elevator and then sold, and
that the proceeds of the sale would be set aside and an
light of Burrell's withdrawal of the Emergency Motion,
the Emergency Motion will be terminated.
Motion, the Amended Emergency Motion, and the Second
Emergency Motion will be denied for other reasons. As
represented at the June 13 hearing, without dispute by
Burrell, the crop at issue has been harvested and stored by
Carlisle, with Carlisle pledging to set aside and account for
the proceeds. So, to the extent Burrell's motions seek
injunctive relief related to access and possession of the
crop,  they are moot. See Wilson v.
Birnberg, 667 F.3d 591, 595 (5th Cir. 2012)
(“Generally, a request for an injunction is moot upon
the happening of the event sought to be enjoined.”)
(internal quotation marks omitted). Additionally, because the
Court concludes that the remaining question of which party is
entitled to the crop proceeds does not warrant emergency
relief under the circumstances,  the TRO Motion, the Amended
Emergency Motion, and the Second Emergency Motion will be
Clerk of the Court is DIRECTED to terminate
the withdrawn Emergency Motion . Burrell's remaining
motions for ...