Kevin Peterkin and Jasmine Hylton v. David McIntyre et al.

Summary

The United States District Court for the District of New Jersey denied pro se plaintiffs Kevin Peterkin and Jasmine Hylton’s motion for a temporary restraining order and preliminary injunction concerning personal property stored after an alleged eviction. The court held that it could not enjoin nonparty Extra Space Storage and that the plaintiffs had not shown a likelihood of success on the merits.

Holdings

1. The court could not impose the requested injunction directly against Extra Space Storage because it was not a party to the action and had not appeared to have its rights adjudicated.
2. Plaintiffs were not entitled to a TRO or preliminary injunction because they failed to show a likelihood of success on the merits of the underlying claims.

Questions Presented

1. Whether the court could issue a TRO or preliminary injunction directly against Extra Space Storage, a nonparty to the action.
2. Whether plaintiffs established the prerequisites for preliminary injunctive relief, including a likelihood of success on the merits.

Disposition

denied