Exhibit: Order Denying TRO (KBW Investment Properties v. Azar) — Chambless v. Redfield (W.D. La.)

Record facts

U.S. District Court for the Western District of Louisiana (filed as exhibit); underlying order from U.S. District Court for the Southern District of Ohio · No. 2:20-cv-04852-JLG-KAJ · Doc. 16 · 2020-09-25 · Docket on CourtListener

Full text

Exhibit B 

1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
 
KBW INVESTMENT PROPERTIES, 
LLC 
 
 
 
 
Plaintiff, 
 
v. 
 
 
 
 
 
  
 
 
 
 
 
  
SECRETARY ALEX AZAR, et al., 
 
 
 
 
Defendants.
 
 
Case No. 2:20-cv-4852 
  
Judge James L. Graham 
 
Magistrate Judge Kimberly A. Jolson 
 
 
ORDER 
 
This matter is before the Court for consideration of Plaintiff’s Motion for Temporary 
Restraining Order and Preliminary Injunction (ECF No. 3) filed by Plaintiff KBW Investment 
Properties, LLC and several motions to quash filed by non-parties to this case concerning 
subpoenas issued by Plaintiff. (ECF Nos. 8, 12–14.)   
On September 4, 2020, the Centers for Disease Control and Prevention (“CDC”), an agency 
of the U.S. Department of Health and Human Services, issued an order temporarily halting 
residential evictions through December 31, 2020.  85 Fed. Reg. 55292.  The CDC issued its Order 
pursuant to Section 361 of the Public Health Service Act, 42 U.S.C. § 264 and 42 C.F.R. § 70.2. 
On September 14, 2020, the Franklin County Municipal Court issued an order staying the 
set out of Plaintiff’s tenant, Defendant Cassandra King, until the expiration of the CDC’s Order 
on December 31, 2020. 
On September 16, 2020, Plaintiff filed this action, along with its Motion for Temporary 
Restraining Order and Preliminary Injunction. 
On September 25, 2020, the Court held a preliminary telephone conference pursuant to 
S.D. Ohio Civ. R. 65.1(a) to address the motions pending before the Court.  
Case: 2:20-cv-04852-JLG-KAJ Doc #: 16 Filed: 09/25/20 Page: 1 of 2  PAGEID #: 193

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During the telephone conference, the Court determined that it is too early to assess 
Plaintiff’s likelihood of success on the merits.  The Court further determined that Plaintiff has not 
demonstrated that enforcement of the CDC’s Order will cause it irreparable harm.  Instead, the 
CDC’s Order merely postpones Plaintiff’s collection of debt until after its expiration.  For this 
reason, Plaintiff will not suffer irreparable harm if a TRO is not issued, and the Court DENIES IN 
PART Plaintiff’s motion (ECF No. 3) as to its request for a TRO. 
Although the Court denies Plaintiff’s request for a TRO, it will set Plaintiff’s motion for 
an expedited hearing on Plaintiff’s request for preliminary injunction.  This hearing will be 
consolidated with an adjudication on the merits under Fed. R. Civ. P. 65(a)(2) and is set for 
Thursday, October 15, 2020 at 1:00 PM.  The parties’ briefs are due on Monday, October 12, 2020, 
and any replies will be filed no later than 9:00 AM on October 15, 2020. 
The Court will GRANT the motions to quash (ECF Nos. 8, 12–14), as Plaintiff’s 
subpoenas are premature, issued to non-parties to this case, and will not assist the Court with this 
case at this time.  The Court ORDERS Plaintiff to not issue any further subpoenas without first 
seeking the Court’s permission.   
  
IT IS SO ORDERED.  
 
 
 
 
 
 
 
 
 
 
 
/s/ James L. Graham  
       
 
 
 
 
 
 
 
 
JAMES L. GRAHAM 
 
 
 
 
 
 
 
 
 
United States District Judge 
 
DATE: September 25, 2020 
Case: 2:20-cv-04852-JLG-KAJ Doc #: 16 Filed: 09/25/20 Page: 2 of 2  PAGEID #: 194

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