Joshua Bryan Wilkes v. AmeriSave Mortgage Corp. et al.

Summary

The United States District Court for the Eastern District of Arkansas denied without prejudice Joshua Wilkes’s motion for an ex parte temporary restraining order seeking to halt a scheduled statutory foreclosure. The court held that Wilkes’s conclusory statements regarding notice efforts were insufficient under Federal Rule of Civil Procedure 65 to justify relief without notice and therefore did not reach the preliminary-injunction factors.

Holdings

1. Wilkes's conclusory assertion that prior notice was impracticable was insufficient to justify entry of an ex parte temporary restraining order under Federal Rule of Civil Procedure 65.
2. Because Wilkes failed to justify ex parte relief without notice, the court declined to consider the Dataphase preliminary-injunction factors.

Questions Presented

1. Whether Wilkes satisfied Federal Rule of Civil Procedure 65's requirements for an ex parte temporary restraining order without notice to the defendants.
2. Whether the court should evaluate the Dataphase preliminary-injunction factors before granting the requested ex parte temporary restraining order.

Disposition

other