Nippon Sanso Matheson Inc. v. Erik M. Miskin & Maine Oxy-Acetylene Supply Company

Summary

The United States District Court for the District of Maine denied without prejudice Nippon Sanso Matheson, Inc.’s ex parte motion for a temporary restraining order and preliminary injunction. The court held that the plaintiff failed to satisfy Federal Rule of Civil Procedure 65(b)(1) because it did not provide an affidavit or verified complaint showing immediate and irreparable harm or an attorney certification addressing notice. The court ordered the motion and attachments unsealed.

Holdings

1. An ex parte temporary restraining order may issue only upon strict compliance with Federal Rule of Civil Procedure 65(b)(1), including specific facts in an affidavit or verified complaint showing immediate and irreparable injury before the adverse party can be heard and a written attorney certification concerning notice.
2. The court would not grant an ex parte temporary restraining order where the plaintiff indicated that it intended to serve the defendants immediately after filing and failed to establish why notice should be dispensed with.

Questions Presented

1. Whether Matheson satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for an ex parte temporary restraining order.
2. Whether the court should issue an emergency temporary restraining order before the defendants received notice and an opportunity to be heard.

Disposition

dismissed