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)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17CV491
ROBERT BERG and JILL BERG,
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Plaintiffs,
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vs.
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JAMES MURRATTI, TINA MURRATTI, )
And CHERYL GONZALEZ,
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Defendants.
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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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