Kelly et al v. Pacific Village Apartments et al

Filing 8

ORDER: Denying Motion for a Preliminary Injunction 7 ). Plaintiffs have leave refile a properly supported Motion for Preliminary Injunction. The Court also advises plaintiffs that the District of Oregon has a Pro Bono Representation program. Parties who are unable to pay for an attorney but would like representation in a pending, active civil suit in District Court may submit a motion for Appointment of Pro Bono Counsel. The Motion form can be found on the District of Oregon's public website or at any of District of Oregon Clerk of Court office. Signed on 6/30/2017 by Judge Ann L. Aiken. (ck) Modified typos on 6/30/2017 (jk).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

ROBERT EUGENE VAN WARMER on
behalf of ANN KATHRYN KELLY,

6:17-cv-01021-AA

ORDER

Plaintiffs,

v.
PACIFIC VILLAGE APARTMENTS,
OREGON CIRCUIT COURT FOR LANE
COUNTY, LANE COUNTY SHERIFFS
OFFICE, TRACI DYKSTRA, KATY KISER,
and KATHLEEN KELLY,
Defendants.

AIKEN, District Judge.
Plaintiffs seek an order from this Coutt enjoining "the Circuit Comt of the State of
Oregon for Lane County" so that plaintiff "has more time to relocate" from her current
residence. 1 Pl. Mot. for Injunction at 1. Plaintiff requested expedited consideration of this
motion. Therefore, the Coutt construes the motion, styled as a Motion for Injunction, as a

Plaintiffs filed the motion contemporaneously with their complaint alleging defendants violated Americans
with Disabilities Act in connection with plaintiff Kelly's eviction from her residence at Pacific Village Apartments.

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Motion for a Temporary Restraining Order ("TRO"). For the reasons set forth below, plaintiffs'
Motion for TRO is DENIED.
The same general legal standards govern temporary restraining orders and preliminary
injunctions. Fed. R. Civ. P. 65; New 1Vfotor Vehicle Bd. of Cal. v. Orrin W: Fox Co., 434 U.S.
1345, 1347 n.2 (1977). A plaintiff seeking such relief must establish (1) a likelihood of success
on the merits; (2) a likelihood of irreparable harm in the absence of preliminary relief; (3) the
balance of equities tips in the plaintiffs favor; and (4) a preliminary injunction is in the public
interest. Winter v. Nat 'l Resources Def Council, 555 U.S. 7, 21 (2008). A court may not enter a
preliminary injunction without first affording the adverse party notice and an opportunity to be
heard. Fed. R. Civ. P. 65(1)(2); People of State of Cal. ex rel. Van De Kamp v. Tahoe Regional
Planning Agency, 766 F.2d 1319, 1322 (9th Cir. 1985). By contrast, in an emergency temporary

restraining order may be entered without notice. See Fed R. Civ. P. 65(b)(l)(A) (restricting
availability of ex parte temporary restraining orders to situations in which "immediate and
hTeparable injury, loss, or damage will result to the movant before the adverse party can be heard
in opposition.")
A TRO is not justified here. Setting aside that under the facts alleged this Court lacks
jurisdiction to enjoin a Circuit Court in the State of Oregon from performing its lawful
prerogatives, Plaintiffs do not show what specific relief they are requesting. Plaintiff Kelly
reached a mutual agreement with her landlord to vacate her apartment on 6/27/2017. Pl. Mot. for
Injunction at 8. This motion was filed on 6/30/2017, it is not submitted whether plaintiff is still
residing at her apmtment. It also appears that plaintiffs have a petition for relief pending before
the Lane County Circuit Comt alleging the same facts as this case. Id. at 15. In any event, it is
unclear how monetary damages could not compensate plaintiffs for defendants' alleged actions.

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Given the confusing nature of plaintiffs filings, it is unclear whether plaintiffs have any
likelihood of success on the merits of their complaint or that there is a showing of the type of
emergent haim contemplated by Fed. R. Civ. P. 65.
CONCLUSION

Plaintiffs' Motion for Injunction (doc. 7) is DENIED. Plaintiffs have leave refile a
properly suppo1ied Motion for Preliminary Injunction. The Comi also advises plaintiffs that the
District of Oregon has a Pro Bono Representation program. Parties who are unable to pay for an
attorney but would like representation in a pending, active civil suit in District Comi may submit
a motion for Appointment of Pro Bono Counsel. The Motion form can be found on the District
of Oregon's public website or at any of District of Oregon Clerk of Comi office.

It is so ORDERED.

DATED this

30 ~day ofJune2017.
ANNL.AIKEN
U.S. District Judge

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