Kummer v. Blake Capital Corporation

Filing 8

ORDER signed by Judge Pamela Pepper on 8/28/2017 DENYING as moot 3 plaintiff's motion for TRO. (cc: all counsel, via mail to Michael A. Kummer) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MICHAEL A. KUMMER,
Plaintiff,
v.

Case No. 17-cv-1097-pp

BLAKE CAPITAL CORPORATION
d/b/a/ THE RIDGES LIMITED
PARTNERSHIP
Defendant.
ORDER DENYING PLAINTIFF’S EMERGENCY MOTION FOR AN EX PARTE
TEMPORARY RESTRAINING ORDERAS MOOT (DKT. NO. 3) AND
RETURNING CASE TO MAGISTRATE JUDGE JOSEPH FOR FURTHER
PROCEEDINGS

On August 9, 2017, the plaintiff filed a pro se complaint asking for an
“emergency order from the Court (Rule 65 FRCP) against the Defendants
commanding Defendants to STOP any further adverse action which impairs the
Plaintiffs tenancy.” Dkt. No. 1 at 4. Because the plaintiff cited Federal Rule of
Civil Procedure 65, the clerk’s office re-docketed the complaint as an
emergency motion for a temporary restraining order. Dkt. No. 3.
A little over a week later, the plaintiff filed an amended complaint. Dkt.
No. 6. The amended complaint seeks only monetary damages, and does not
mention a request for relief under Federal Rule of Civil Procedure 65. Because
the amended complaint supersedes his original complaint, there is no longer a
motion for injunctive relief pending before the court.

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The court DENIES AS MOOT the plaintiff’s motion for an emergency
restraining order. Dkt. No. 3. The court REFERS the case back to Magistrate
Judge Nancy Joseph for further proceedings.
Dated in Milwaukee, Wisconsin this 28th day of August, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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