Christopher Mathiesen v. Timothy P. Burns, Jeffrey J. Funke, Stephanie F. Stacy, William B. Cassel, Jonathan J. Papik, Jason M. Bergevin, John R. Freudenberg, Lindsey Miller-Lerman, and Ryan Dougherty

Summary

The United States District Court for the District of Nebraska denied pro se plaintiff Christopher Mathiesen’s motion for a temporary restraining order seeking to prevent the dissolution, liquidation, or distribution of assets of Apostle Nursing Home Health Care, LLC. The court concluded that the record did not establish a need for ex parte relief or irreparable harm that could not be compensated through damages, and it considered the Dataphase factors and Federal Rule of Civil Procedure 65(b).

Holdings

1. The court denied the motion for a temporary restraining order because Mathiesen did not establish the requirements for the remedy, including irreparable harm and a need for emergency ex parte relief.
2. Mathiesen failed to establish irreparable harm because the record did not show that his alleged injuries could not be fully compensated through damages.
3. The court denied ex parte temporary restraining order relief because the record did not establish the need for emergency relief or satisfy Rule 65(b)'s requirements.

Questions Presented

1. Whether Mathiesen was entitled to a temporary restraining order under the Dataphase factors.
2. Whether the record established irreparable harm necessary for temporary injunctive relief.
3. Whether emergency ex parte relief was warranted under Federal Rule of Civil Procedure 65(b).

Disposition

other