Emergency Injunction Denied Where Party Could Not Show Irreparable Harm.

Plaintiff and defendant entered into a written feedlot agreement under which plaintiff agreed to feed defendant’s cattle on plaintiff’s property for a six-month period. The parties  renewed the contract , and defendant fell behind in his payments. Plaintiff filed an action against defendant, seeking $115,568.07 in damages. Defendant admitted that he owned money to plaintiff, but denied the amount. Plaintiff filed an amended complaint, asserting the he had a lien on defendant’s livestock and seeking damages in the amount of $185,883.62. When defendant failed to timely answer, plaintiff filed a motion for a default judgment. The next day, defendant filed a motion for leave to file an answer to the amended complaint. Two days later, he sought through an emergency motion to enjoin the plaintiff from selling defendant’s cattle. The court denied plaintiff’s motion for a default judgment, allowed defendant to answer the amended complaint, and ordered defendant to pay reasonable attorney fees to plaintiff for plaintiff’s costs associated with the motion for default. Finding that defendant could not show irreparable harm, the court denied defendant’s emergency motion, but did order plaintiff to retain only $60,000 from the proceeds of the sale of the cattle and place the remainder of the sale price in escrow with the clerk of court. Kraemer v. Hoffman, No. 13-cv-860-wmc, 2014 U.S. Dist. LEXIS 46280 (W.D. Wis. April 3, 2014).