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INDIGO ROOM, INC. v. CITY OF FORT MYERS

No. 12-11738.

710 F.3d 1294 (2013)

The INDIGO ROOM, INC., Raimond Aulen, Dylan Jones, Plaintiffs-Appellants, v. CITY OF FORT MYERS, Douglas Baker, FMPD Chief, in his individual capacity, Alan Gagnon, FMPD Officer, Badge No. 299, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 1, 2013.

Attorney(s) appearing for the Case

Mara Shlackman , Law Offices of Mara Shlackman, PL, Ft Lauderdale, FL, Jennifer Lucas Keesler , Keesler Law, Cape Coral, FL, Robert William Ross, Jr. , Robert W. Ross, Jr., Bonita Springs, FL, for Plaintiffs-Appellants.

Marilyn W. Miller , David C. Potter , Fowler, White, Boggs, PA, Fort Myers, FL, Grant Williams Alley , City of Fort Myers, Fort Myers, FL, for Defendants-Appellees.

Before DUBINA, Chief Judge, and MARTIN and ALARCÓN, Circuit Judges.

DUBINA, Chief Judge:

Plaintiffs/Appellants The Indigo Room, Inc. ("the Indigo Room"), Raimond Aulen, and Dylan Jones (collectively "Appellants"), appeal the district court's denial of their motion for a preliminary injunction against Defendants/Appellees City of Fort Myers ("the City"), Fort Myers Police Chief Douglas Baker, and Fort Myers Police Officer Alan Gagnon (collectively "Appellees"). The district court found that Appellants failed to show a substantial likelihood...

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