Ashraf v. University of Cincinnati et al
Filing
20
FINAL APPEALABLE ORDER. Signed by Judge Timothy S. Black on 10/18/2013. (mr1)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DR. MUHAMMAD ASHRAF,
Plaintiff,
Case No. 1:13-cv-533
vs.
Judge Timothy S. Black
DR. THOMAS BOAT,
Defendant.
FINAL APPEALABLE ORDER
On October 10, 2013, at a duly scheduled status conference, Plaintiff’s counsel
advised the Court that the Plaintiff consents to the Court converting its Order denying
Plaintiff’s motion for a temporary restraining order (Doc. 14) into an Order denying the
motion for permanent injunction. Such a finding would give rise to a final appealable order.
Moreover, this Court today finds that its Order denying Plaintiff’s motion for a temporary
restraining order (Doc. 14) is tantamount to an Order denying a motion for a preliminary
injunction.
As the United States Court of Appeals for the Sixth Circuit has held: “A ruling
denying a TRO is appealable if, as here, it is tantamount to a ruling on a preliminary
injunction.” Wilson v. Wilkinson, 28 Fed. Appx. 465, 466 (6th Cir. 2002) (citing
Manbourne, Inc. v. Conrad, 796 F.2d 884, 887 n. 3 (7th Cir. 1986)). Moreover, a denial of
a motion for an injunction is appealable under 28 U.S.C. § 1292(a)(1). Further, the Court
certifies under Rule 54(b) of the Federal Rules of Civil Procedure that there is no just reason
for delay in appeal of the Court’s Order denying injunctive relief.
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The Clerk shall enter judgment against Plaintiff accordingly; and today’s Order,
(which incorporates herein by reference, as if fully restated herein, the Court’s August 6,
2013 Order Denying Plaintiff’s Motion For A Temporary Restraining Order (Doc. 14)),
shall constitute and is now a final appealable order, whereupon this case shall be CLOSED
on the docket of this Court.
IT IS SO ORDERED.
Date: 10/18/13
/s/ Timothy S. Black
Timothy S. Black
United States District Judge
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