Rivera v. Ducharme et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Evelyn Rivera
Case No. 21-cv-221-PB
v. 	Opinion No. 2021 DNH 163
Jimmy Ducharme and
Ducharme Construction Management, LLC
ORDER
In this property dispute between two neighbors, defendant
Jimmy Ducharme has asserted counterclaims against plaintiff
Evelyn Rivera for (1) trespass to land, (2) ejectment, (3)
conversion, and (4) unjust enrichment. 	Doc. No. 12 ¶¶ 14-37.
Before the court is Ducharme’s request for a preliminary
judgment forbidding the plaintiff, her family, her tenants, or
anyone under her control from parking cars in the area between
his and her residential buildings located on Summer Street in
Nashua, New Hampshire. 	Doc. No. 15 ¶ 1. 	Ducharme also asks
that Rivera be enjoined from parking cars or being physically
present anywhere else on his property. 	Id. ¶¶ 2-4.
A preliminary injunction is “an ‘extraordinary and drastic
remedy’ that ‘is never awarded as of right.’” 	Voice of the Arab
World, Inc. v. MDTV Med. News Now, Inc., 645 F.3d 26, 32 (1st
Cir. 2011) (quoting Munaf v. Geren, 553 U.S. 674, 689-90
(2008)). 	A party seeking a preliminary injunction must show
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that: (1) he is likely to succeed on the merits of his claim;
(2) he is likely to suffer irreparable harm in the absence of
preliminary relief; (3) the balance of equities is in his favor;
and (4) injunctive relief is in the public interest. 	March v.
Mills, 867 F.3d 46, 52 (1st Cir. 2017). 	Likelihood of success
on the merits is the most important factor. 	Norris ex rel. A.M.
v. Cape Elizabeth Sch. Dist., 969 F.3d 12, 22 (1st Cir. 2020).
“To demonstrate likelihood of success on the merits, [the party]
must show more than mere possibility of success — rather, [he]
must establish a strong likelihood that [he] will ultimately
prevail.” 	Sindicato Puertorriqueño de Trabajadores v. Fortuño,
699 F.3d 1, 10 (1st Cir. 2012) (per curiam) (cleaned up).
For the reasons I fully outlined during the hearing held on
October 12, 2021, I find that Ducharme has demonstrated a
likelihood of success on the merits of his claims that Rivera is
using his property for parking vehicles without any legal right
to do so. 	I also find that his property rights will continue to
be harmed absent a preliminary injunction, that the balance of
equities is neutral, and that the public interest is best served
when property owners are able to make use of their property.
As such, I partially grant Ducharme’s motion for
preliminary injunctive relief as follows: Rivera, her family,
her tenants, and all other persons under her control must not
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park any vehicle in the area between the Rivera building and the
Ducharme building.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
October 13, 2021
cc: 	Counsel of record
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