for December 4th and, by now, would likely have ruled on the plaintiffs’ broader request for injunctive relief. Afterwards, the plaintiffs could have appealed.
Third, and for many of the same reasons, the district court’s Sunday night order was not an appealable preliminary injunction order masquerading as a ruling on a request for a TRO. To determine whether an order denominated as a TRO is actually an appealable decision on a preliminary injunction, we review certain factors including “the duration of the order” and “the extent of evidence submitted to the district court.” Cuban Am. Bar Ass'n, Inc. v. Christopher, 43 F.3d 1412, 1422 (11th Cir. 1995). The Sunday night order lacks the hallmarks of a preliminary injunction ruling. It does not engage the traditional four-factor test for granting preliminary injunctions. Its duration is limited to ten days. And, although some evidence has been submitted to the district court, no live witnesses have testified, no discovery has been conducted, and the defendants have not even had a chance to file a response to the complaint.
- B. The Sunday night order is not appealable under 28 U.S.C. § 1292(b)
Alternatively, the plaintiffs ask that we permit them to appeal under 28 U.S.C. § 1292(b). Where no other avenue of appeal is open, Section 1292(b) allows a court of appeals to exercise jurisdiction under certain specified conditions. Digital Equip. Corp. v. Desktop Direct, Inc., 511 U.S. 863, 883 (1994). Review under this statute was “intended, and should be reserved, for situations in which the court of appeals
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