Farm Credit Mid-America, PCA v. Uncle Nearest, Inc. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
FARM CREDIT MID-AMERICA, PCA,
Plaintiff,
v.
UNCLE NEAREST, INC., et al.,
Defendants.
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Case No. 4:25-cv-38
Judge Atchley
Magistrate Judge Steger
ORDER
Before the Court is Defendant Fawn Weaver’s Motion for Preliminary Injunction Pending
Appeal [Doc. 255]. Defendant Weaver asks the Court for a narrowly-tailored injunction pending
disposition of the appeal currently pending before the Sixth Circuit. [Id.]. Specifically, she asks
the Court to enjoin the Receiver, Farm Credit Mid-America PCA, and others from (i) “causing,
consenting 	to, 	consummating, 	or 	implementing” a sale, 	transfer, 	or 	other 	disposition 	of
substantially all assets of the Defendant entities, and (ii) from making any other “material
nonordinary-course disposition that would materially impair the Sixth Circuit’s ability to afford
effective relief.” [Id. at 2].
As to the urgency of the requested relief, Defendant Weaver shows that on October 9, 2026,
“the Receiver reported that three (3) potential purchasers remain in ongoing discussions, that he
believes he is close to executing an asset purchase agreement, and that once an agreement is signed
he intends to file a Chapter 11 case for most of the Receivership Entities to consummate a sale
under 11 U.S.C. § 363.” [Id. at 2]. Defendant Weaver argues that “[t]he need for preservation is
now immediate.” [Id.]. Though the instant Motion [Doc. 255] was filed just before 11:00 a.m. ET
today, she seeks a ruling by tomorrow, October 16, 2026, at 12:00 p.m. [Id. at 3].
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Federal Rule of Civil Procedure 65(a) authorizes the Court to issue a preliminary injunction
“only on notice to the adverse party.” Fed. R. Civ. P. 65(a). Courts consider four factors when
determining whether to issue a preliminary injunction: (1) whether plaintiff “has shown a strong
likelihood of success on the merits”; (2) whether plaintiff will suffer irreparable injury in the
absence of an injunction; (3) whether the injunction will cause substantial harm to others; and (4)
whether the injunction would serve the public interest. Overstreet v. Lexington-Fayette Urban
Cnty. Gov’t, 305 F.3d 566, 573 (6th Cir. 2002) (citations omitted). A preliminary injunction order
is “an extraordinary remedy which should be granted only if the movant carries his or her burden
of proving that the circumstances clearly demand it.” Id.; Leary v. Daeschner, 228 F.3d 729, 739
(6th Cir. 2000) (same).
The information that allegedly creates urgency was apparently provided by the Receiver
on October 9, 2026. Defendant Weaver’s Motion [Doc. 255] was not filed until six days later, yet
she seeks a ruling within 25 hours of filing. The Motion does not provide any other details that
would suggest such an extraordinarily expedited ruling is necessary or appropriate. Moreover, a
preliminary injunction may not be issued without notice, and notice of hearing (and any affidavits
to support the request for relief) must ordinarily be provided 7-14 days before any hearing. See
Fed. R. Civ. P. 65(a)(1); Fed. R. Civ. P. 6(c)(1). While the Court has not yet had time to research
the issue, the Court questions whether a 25-hour window between filing and entry of a preliminary
injunction would constitute “notice” to Plaintiff as required by Rule 65(a)(1). Accordingly, the
Court finds it appropriate to receive expedited briefing from Plaintiff and the Receiver.
Plaintiff and the Receiver are therefore ORDERED to file any response to Defendant Fawn
Weaver’s Motion for Preliminary Injunction Pending Appeal [Doc. 255] on or before October 19,
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2026, at 12:00 p.m. ET, and Defendant Weaver must file any reply on or before October 21,
2026, at 5:00 p.m. ET.
SO ORDERED.
/s/ Charles E. Atchley, Jr.
CHARLES E. ATCHLEY, JR.
UNITED STATES DISTRICT JUDGE
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