Boardroom Entertainment MKE LLC v. City of Milwaukee

Filing 11

ORDER signed by Judge Rudolph T Randa on 1/23/2015 DENYING 7 Motion for TRO. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BOARDROOM ENTERTAINMENT
MKE LLC,
Plaintiff,
-vs-

Case No. 15-C-53

CITY OF MILWAUKEE,
Defendant.

DECISION AND ORDER
Plaintiff Boardroom Entertainment MKE LLC (“Boardroom”)
commenced this civil rights action pursuant to 42 U.S.C. §1983 by filing a
verified complaint for declaratory and injunctive relief asserting that
Defendant City of Milwaukee’s (“City”) zoning, licensing, and permitting
procedures and its ordinances regulating public entertainment venues on
their face and as applied violate its First and Fourteenth Amendment
rights. Contemporaneously, Boardroom filed a motion for a temporary
restraining order barring the City from enforcing ordinances that require
Boardroom to obtain a public entertainment license or permit or taking
any other action to interfere with the operation of its business. (See ECF
Nos. 2, 3, 7.)

The City has appeared in this action.

(ECF No. 10.)

Therefore, Boardroom’s motion will be considered as a motion for a

preliminary injunction.
Rule 65(c) of the Federal Rules of Civil Procedure, applicable to both
preliminary injunctions and temporary restraining orders, provides (with
an exception not relevant here) that the Court may issue such an order
“only if the movant gives security in an amount that the court considers
proper to pay the costs and damages sustained by any party found to have
been wrongfully enjoined or restrained.”

Fed. R. Civ. P. 65(c); Roche

Diagnostics Corp. v. Med. Auto. Sys., Inc., 646 F.3d 424, 428 (7th Cir.
2011).

Boardroom’s moving papers do not address this provision, and

therefore its motion for a preliminary injunction is denied.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Boardroom’s motion for a preliminary injunction (ECF No. 7) is
DENIED.
Dated at Milwaukee, Wisconsin, this 23rd day of January, 2014.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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