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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN


____________________

CANDY LAB, INC, Case No. 17-569-JPS


a Nevada Corporation,
Hon. J. P. Stadtmueller
Plaintiff,
v. Magistrate Judge Duffin

MILWAUKEE COUNTY, a municipal


corporation; MILWAUKEE COUNTY
BOARD OF SUPERVISORS; and
MILWAUKEE COUNTY DEPARTMENT
OF PARKS, RECREATION, AND
CULTURE,

Defendants.

[PROPOSED]
ORDER GRANTING PLAINTIFFS MOTION
FOR PRELIMINARY INJUNCTION

The plaintiff filed its complaint on April 21, 2017, and simultaneously filed a motion for

preliminary injunction. On ___________, 2017, the Court heard oral argument on the motion.

Plaintiff seeks injunctive relief based on its contention that Resolution 16-637 violates the First

Amendment. A plaintiff seeking a preliminary injunction must establish that: (1) it is likely to

succeed on the merits; (2) no adequate remedy exists at law; (3) it will suffer irreparable harm if

a preliminary injunction is denied. Ezell v. City of Chi., 651 F.3d 684, 694 (7th Cir. 2011). If this

burden is met, then the Court must weigh the factors against one another and assess whether the

balance of harms favors the moving party or whether the harm to the nonmoving party or the

public is sufficiently weighty that the injunction should be denied. Id.

Case 2:17-cv-00569-JPS Filed 04/21/17 Page 1 of 2 Document 6-6


The Court finds that plaintiff has met its burden and that the balance of harms weighs in

favor of issuing the injunction. Accordingly, pursuant to Federal Rule of Civil Procedure 65, the

Court GRANTS the Motion enjoining Defendants Milwaukee County, the Milwaukee County

Board of Supervisors, and the Milwaukee County Department of Parks, Recreation, and Culture

and their employees, agents, and representatives, and all persons in active concert or

participation with any of them from enforcing Resolution 16-637 pending the final resolution of

this action.

Dated at Milwaukee, Wisconsin, this __ day of _____________, 2017.

_________________________________
United States District Court Judge

15747086-1

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Case 2:17-cv-00569-JPS Filed 04/21/17 Page 2 of 2 Document 6-6

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