Berg et al v. Murratti et al

Filing 4

ORDER re 2 MOTION for Temporary Restraining Order, hereby converted into a Motion for Preliminary Injunction. Plaintiffs are directed to file a brief in support of their motion in accordance with Local Rule 7.1(C). Signed by Senior Judge Graham Mullen on 8/17/2017. (Pro se litigant served by US Mail.)(eef)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:17CV491 ROBERT BERG and JILL BERG, ) ) Plaintiffs, ) ) vs. ) ) JAMES MURRATTI, TINA MURRATTI, ) And CHERYL GONZALEZ, ) ) Defendants. ) ____________________________________) ORDER This matter is before the Court upon the pro se Plaintiffs’ Motion for Temporary Restraining Order, filed August 16, 2017. No brief was filed in support of the motion. To succeed on a motion for a temporary restraining order or a preliminary injunction, the movant “must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). The Plaintiffs herein have failed to make such a showing in their two sentence Motion. Accordingly, the Court will convert the Motion to one for a Preliminary Injunction. Plaintiffs are directed to file a brief in support of their Motion pursuant to Local Rule 7.1(C). Once the Defendants have been served and have had an opportunity to respond, the Court will either schedule a hearing on the motion or proceed to decide the matter. IT IS THEREFORE ORDERED THAT Plaintiffs’ Motion for Temporary Restraining Order is hereby converted into a Motion for Preliminary Injunction and Plaintiffs are directed to file a brief in support of their motion in accordance with Local Rule 7.1(C). Signed: August 17, 2017

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