Dixon et al v. Kurta et al

Filing 17

ORDER DENYING PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER TO BE ISSUED WITHOUT NOTICE PURSUANT TO FEDERAL RULE 65" (Doc. 9) AND GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Doc. 10). Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ERVIN DIXON and ELSA DIXON,
Plaintiffs,
vs.

Case No. 17-10195

THE CITY OF ROSEVILLE, and
JAMES CONNER, STEPHANIE
CONNER, DENNIS KURTA,
JUDITH KURTA,

HON. AVERN COHN

Defendants.
_________________________________/
ORDER
DENYING “PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER TO
BE ISSUED WITHOUT NOTICE PURSUANT TO FEDERAL RULE 65"
(Doc. 9)
AND
GRANTING “PLAINTIFFS’ MOTION FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT” (Doc. 10)
This is a civil rights case. Plaintiffs claim that defendants, the City of Roseville
and employees, have subjected them to harassment due to their race. Plaintiffs have
filed a “Motion for a Temporary Restraining Order to Be Issued Without Notice Pursuant
to Federal Rule 65" essentially seeking a restraining order to cease the alleged
harassment. (Doc. 9). Defendants oppose the motion, contending that plaintiffs have
not met the standard for a restraining order. (Doc. 12)
Plaintiffs also filed a “Motion for Leave to File First Amended Complaint” (Doc.
10). Defendants oppose the motion on the grounds amendment would be futile. (Doc.
11).

On June 5, 2017 the Court held a status conference with the parties at which it
discussed the pending motions. As stated at the conference, plaintiffs’ motion for a
temporary restraining order is DENIED. See Fed. R. Civ. P. 65. Plaintiffs’ motion to
amend is GRANTED. See Fed. R. Civ. P. 15.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: June 5, 2017
Detroit, Michigan

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