The New York State Nurses Association v. The Brooklyn Hospital Center

Summary

The Eastern District of New York denied the plaintiff union’s ex parte request for a temporary restraining order directing the defendant hospital to make allegedly overdue contributions to a benefits fund. The court held that the plaintiff failed to certify efforts to provide notice or reasons notice should not be required and had not separately moved for the requested relief under Federal Rule of Civil Procedure 65.

Holdings

1. An ex parte TRO request is inappropriate when the movant has neither provided notice to the opposing party nor certified in writing the efforts made to give notice and the reasons notice should not be required.
2. A request for immediate TRO relief is not properly before the court when it appears only in the complaint and the plaintiff has not filed a separate motion.

Questions Presented

1. Whether plaintiff could obtain an ex parte temporary restraining order without certifying efforts to provide notice and the reasons notice should not be required.
2. Whether a request for a temporary restraining order contained only in the complaint, without a separately filed motion, was properly before the court.

Disposition

denied