Klosterman v. Konza, LLC. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
John Klosterman,
Plaintiff,
v.
Konza, LLC, et al.,
Defendants.
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Case No. 1:25-cv-312
Judge Susan J. Dlott
Order Denying Plaintiff’s Emergency
Motion for Temporary Restraining Order,
Preliminary Injunction, and Order
Compelling Receiver’s Final Accounting
to Preserve and Distribute RICO
Proceeds
This matter is before the Court on Plaintiff John Klosterman’s Emergency Motion for
Temporary Restraining Order, Preliminary Injunction, and Order Compelling Receiver’s Final
Accounting to Preserve and Distribute RICO Proceeds (“TRO Motion”). (Doc. 77.) Defendants
Konza LLC, Richard Boydston, Dentons Bigham Greenebaum LLP, the City of Cincinnati, and
Terry James filed a Joint Opposition to the TRO Motion, to which Plaintiff filed a Reply. (Docs.
81, 86.)
Plaintiff filed the TRO Motion while Motions to Dismiss his Amended Complaint filed
by four sets of Defendants—seven of the named ten Defendants in total—were pending. (Docs
53–55, 74.) The Court issued an Order Granting Defendants’ Motions to Dismiss Plaintiff’s
Amended Complaint on December 10, 2025. (Doc. 89.) Plaintiff’s claims against Defendants
Keller Williams Realty, the City of Cincinnati, Terry James, Konza LLC,
Richard Boydston, Dentons Bingham Greenbaum LLP, and Jennifer Donathan have been
dismissed with prejudice. (Id.) In the pending TRO Motion, Plaintiff seeks injunctive relief
based on claims that have been dismissed. The Court cannot grant Plaintiff the relief he seeks
based on dismissed claims.
Case: 1:25-cv-00312-SJD-KLL Doc #: 90 Filed: 12/10/25 Page: 1 of 2 PAGEID #: <pageID>

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Accordingly, the TRO Motion (Doc. 77) is DENIED AS MOOT.
IT IS SO ORDERED.
BY THE COURT:
S/Susan J. Dlott
Susan J. Dlott
United States District Judge
Case: 1:25-cv-00312-SJD-KLL Doc #: 90 Filed: 12/10/25 Page: 2 of 2 PAGEID #: <pageID>