IEMFS Ltd v. Economy Lift Rentals LLC et al

Filing 7

ORDER signed by Judge Rudolph T. Randa on 8/3/2015 GRANTING 3 Plaintiff's MOTION for Temporary Restraining Order. On or before close of business on 8/4/2015 defendants to provide any and all records establishing the location of plaintiff' s lift equipment. Defendants' response to plaintiff's motion for preliminary injunction due 8/12/2015; Plaintiff's reply thereto due 8/19/2015. The Court will review briefs and decide if oral argument or hearing is necessary. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
IEMFS, Ltd., d/b/a FLEXX,
an Ohio Corporation
Plaintiff,
-vs-

Case No. 15-C-917

ECOMONY LIFT RENTALS, LLC, a
Wisconsin limited liability company, and
SUSAN SUGRUE, a Wisconsin citizen,
Defendants.
DECISION AND ORDER
This matter comes before the Court on the IEMFS, Ltd., d/b/a Flexx
dual motion for a temporary restraining order and for a preliminary
injunction. Both requests are based upon the allegation that Economy Lift
Rentals, LLC defaulted on a Master Lease Agreement for the lease of 239
commercial scissor and boom lifts. According to Flexx, Economy owes
$585,390.50 as of July 1, 2015, exclusive of costs and charges. Flexx has
made repeated demand for the return of the equipment pursuant to the
default provisions of the lease agreement, but Economy has refused to
comply.
The Court will confine its present discussion to Flexx’s request for a
temporary restraining order. Flexx requests an order compelling Economy

and its managing member, Susan Sugrue, to provide any and all records
that establish the location of the equipment on or before the close of
business on Tuesday, August 4, 2015.
In determining whether to grant preliminary injunctive relief, the
Court must determine whether the moving party has demonstrated (1)
some likelihood of success on the merits of the underlying claim; (2) the
absence of an adequate remedy at law; and (3) the suffering of irreparable
harm if preliminary relief. Planned Parenthood of Indiana, Inc. v. Comm’r
of Indiana State Dep’t of Health, 699 F.3d 962, 972 (7th Cir. 2012). The
standards for issuing a temporary restraining order are identical to those
for a preliminary injunction. Long v. Bd. of Educ., Dist. 128, 167 F. Supp.
2d 988, 990 (N.D. Ill. 2001).
The Court finds that the relevant factors are present in the instant
case. Flexx is likely to succeed because it appears that Economy is in
default and Flexx has a clear contractual right to repossess its own
property. Moreover, the only way that Flexx can recover its property is
through access to Economy’s business records. Therefore, the normal legal
remedies are inadequate, and Flexx would suffer irreparable harm if
Economy was not ordered to assist in locating Flexx’s lifts.
Finally, Flexx explains that it has a reasonable fear, based upon
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defendants’ conduct in the past several months, that if defendants are
notified in advance of the entry of the requested TRO, they will move, sell,
re-rent, collect rents or otherwise take actions that will interfere with
Flexx’s right to repossess its lifts. The Court agrees with this assessment,
especially since Economy has refused to assist Flexx in locating the
equipment or identifying the customers to whom Economy has rented the
equipment. Therefore, the requested TRO will issue. Fed. R. Civ. P.
65(b)(1)(A), (B) (a TRO can issue without notice only if specific facts in an
affidavit or verified complaint clearly show that immediate and irreparable
injury will result to the movant before the adverse party can be heard in
opposition, and the movant’s attorney certifies in writing any efforts made
to give notice and the reasons why it should not be required).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
1.

Flexx’s motion for a temporary restraining order [ECF No. 3]

is GRANTED. On or before the close of business on Tuesday, August 4,
2015, Economy Lift Rentals, LLC and Susan Sugrue must provide any and
all records that establish the location of the Equipment (approximately 239
boom and scissor lifts) including, but not limited to, all rental agreements,
invoices, receipts for payment, billing records, check registers, customer
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lists, service records, warehouse agreements or leases, insurance policies
and records, phone records, bank statements, accounting records, sales
records, tax records, and electronic records and files created, maintained,
or received by Economy and/or Susan Sugrue for and during the years 2014
and 2015;
2.

Briefing on Flexx’s motion for a preliminary injunction will

proceed as follows: Response brief due on or before August 12, 2015; reply
brief due on or before August 19, 2015. The Court will review the briefs
and decide if oral argument or a hearing is necessary to resolve the motion.
Dated at Milwaukee, Wisconsin, this 3rd day of August, 2015.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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