Cadena et al v. OSO Dormido, LLC. et al

Filing 7

ORDER DENYING 6 Amended Motion for a Temporary Restraining Order. Signed by Judge Robert Pitman. (ml)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
JOSEPH BUCHHOLZ CADENA and
JENNIFER ROSE DEGOLLADO
Plaintiffs,
v.
OSO DORMIDO, LLC, JAMES SETH,
HICKS, CITY OF AUSTIN HOUSING
AUTHORITY SECTION 8
Defendants.

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1:16-cv-1009-RP

ORDER
Before the Court is Plaintiff Joseph Buchholz Cadena’s Amended Motion for a Temporary
Restraining Order (Dkt. 6). The motion requests the Court to grant an immediate restraining order
against OSO Dormido, LLC; Richard Johnathon Cahan; Jon David Kendall; and James Seth Hicks
“prohibiting them from communicating, harassing, threatening with violence, committing violence
against Joseph Cadena, Jennifer Degollado, and all other occupants” living at 9612 Sugar Hill Dr.,
Unit A in Austin, Texas. (Pls.’ Am. Mot. TRO, Dkt. 6, at 1).
As the Court noted in the order denying Plaintiffs’ first Motion for a Temporary Restraining
Order, (Dkt. 2), a “party seeking to invoke the jurisdiction of a federal court must demonstrate that
the case is within the competence of that court.” Lowe v. Ingalls Shipbuilding, A Div. of Litton Sys., Inc.,
723 F.2d 1173, 1177 (5th Cir. 1984). “The presumption is that a federal court lacks jurisdiction in a
particular case until it has been demonstrated that jurisdiction over the subject matter exists.” Id.
Plaintiffs’ most recent filings provide no additional information suggesting the Court has jurisdiction
over Plaintiffs’ claims, which primarily involve a landlord-tenant dispute.

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In light of the foregoing, it is hereby ORDERED that Plaintiffs’ Motion for a Temporary
Restraining Order (Dkt. 6) is DENIED.

SIGNED on August 30, 2016.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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