William Childs Shirah v. Leland Falcon, et al.

Summary

The United States District Court for the Eastern District of Louisiana grants expedited consideration of William Childs Shirah’s second motion for a temporary restraining order. The court dismisses the ex parte TRO motion because Shirah did not establish an immediate and irreparable risk of harm and failed to satisfy Federal Rule of Civil Procedure 65(b)(1)(B)’s notice requirements. The court notes that the defendants had not been served and that Shirah’s allegations of future harm were speculative.

Holdings

1. The motion for an ex parte TRO was legally insufficient because Shirah neither provided the defendants notice nor justified the absence of notice as required by Federal Rule of Civil Procedure 65(b)(1)(B).
2. Shirah did not establish the immediate and irreparable injury required for an ex parte TRO because his allegations were speculative rather than specific facts clearly showing that injury would occur before defendants could respond.
3. The court granted expedited consideration of Shirah's pending TRO motion but did not grant expedited consideration of any future motions that had not yet been filed.

Questions Presented

1. Whether Shirah satisfied Federal Rule of Civil Procedure 65(b)(1)(A) by presenting specific facts clearly showing that immediate and irreparable injury would result before the defendants could be heard.
2. Whether Shirah satisfied Federal Rule of Civil Procedure 65(b)(1)(B) by certifying efforts to provide notice and explaining why notice should not be required.
3. Whether Shirah's motion for expedited consideration should be granted.

Disposition

dismissed