Page:Pearson v. Kemp (20-14480) (2020) Decision.pdf/6

 November 29th, entered a TRO granting the plaintiffs’ request in part. Notably, this Sunday night order gave the plaintiffs almost exactly what their counsel proposed as a temporary solution at the hearing: it “identif[ied] a very limited… number of counties” and enjoined the defendants from erasing or altering data contained on Dominion voting machines in those counties, thus, preserving them for future inspection. The district court then set an expedited briefing schedule and an emergency evidentiary hearing for December 4th. The purpose of the briefing schedule was to allow the defendants an opportunity to respond to the plaintiffs’ allegations. And the purpose of the evidentiary hearing was to allow the plaintiffs to support their allegations with evidence and, potentially, to win the injunctive relief that they were seeking. Nothing about that chain of events suggests an adverse ruling on the plaintiffs’ motion.

Second, even if the district court’s order were properly construed as the denial of the plaintiffs’ request—again, ignoring the fact that it did not deny anything—we do not ordinarily have jurisdiction over TRO rulings. McDougald v. Jenson, 786 F.2d 1465, 1472 (11th Cir. 1986). We exercise appellate jurisdiction over TRO decisions only “when a grant or denial of a TRO might have a serious, perhaps irreparable, consequence, and can be effectually challenged only by immediate appeal[.]” ''Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225 (11th Cir. 2005) (quoting Ingram v. Ault'', 50 F.3d 898, 900 (11th Cir.1995Cir. 1995 [sic])). This is a high hurdle for