Joseph Howard Ortkiese v. Charlie Schaerer, et al.

Summary

The United States District Court for the Eastern District of Tennessee considers Plaintiff Joseph Howard Ortkiese’s motions for injunctive relief and to enter newly discovered evidence in a dispute involving ownership interests in real property in Guild, Tennessee. The court grants the motion to enter newly discovered evidence but denies both motions for injunctive relief, concluding that Plaintiff failed to demonstrate a likelihood of success on the merits, including because of pleading deficiencies, potential statute-of-limitations issues, and the absence of adequately alleged state action.

Holdings

1. Because Plaintiff sought injunctive relief and had provided notice to the defendants, the court construed his motions as motions for preliminary injunctions.
2. The motion to enter newly discovered evidence was granted, and the court considered the evidence in connection with the preliminary-injunction motions.
3. Plaintiff was not entitled to preliminary injunctive relief because he failed to demonstrate a likelihood of success on the merits, and the remaining preliminary-injunction factors did not support relief.

Questions Presented

1. Whether Plaintiff's motions seeking injunctive relief should be construed as motions for preliminary injunctions.
2. Whether Plaintiff was entitled to preliminary injunctive relief based on the likelihood-of-success, irreparable-harm, balance-of-harms, and public-interest factors.
3. Whether the court should permit Plaintiff to submit newly discovered evidence for consideration in deciding the preliminary-injunction motions.

Disposition

other