Andrew R. Smith v. Theodore Mermigos, et al.

Smith v. Mermigos · United States District Court for the Eastern District of North Carolina, Western Division · April 3, 2026 · No. No. 5:26-CV-194-BO-RN

Summary

The United States District Court for the Eastern District of North Carolina denied pro se plaintiff Andrew R. Smith's motion for an emergency ex parte temporary restraining order seeking, in part, to stay child support enforcement activity. The court held that plaintiff failed to demonstrate why emergency ex parte relief was warranted under Federal Rule of Civil Procedure 65(b)(1)(B).

Holdings

  1. The court denied plaintiff's request for an emergency ex parte temporary restraining order because he failed to demonstrate why such relief was warranted under Federal Rule of Civil Procedure 65(b)(1)(B).

Questions Presented

  1. Whether plaintiff demonstrated that an emergency ex parte temporary restraining order was warranted under Federal Rule of Civil Procedure 65(b)(1)(B).

Disposition

other

Cases Cited (2)

  • Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70 of Alameda County, 415 U.S. 423, 438-39 (1974)(followed)
  • Tchienkou v. Net Trust Mortgage, 2010 WL 2375882, at *1 (W.D. Va. June 9, 2010)(followed)

Cited In (0)

No citing cases on record yet.

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