Saqib Kafeel v. Apple Inc., et al.

Summary

The United States District Court for the Northern District of California granted Saqib Kafeel’s application to proceed in forma pauperis and denied his ex parte motion for a temporary restraining order seeking restoration of Apple Books publishing accounts and preservation or return of e-books. The court cited the delay in seeking relief and failure to satisfy notice requirements, directed the parties to submit a status report regarding a potential preliminary-injunction motion and service, and provided guidance for self-represented litigants.

Holdings

1. The court denied Kafeel's motion for a temporary restraining order because his approximately six-month delay in seeking relief undermined an inference of urgency and irreparable harm, and because he failed to provide the required sworn notice certification or a sufficient explanation for dispensing with notice.
2. The court granted Kafeel's application to proceed in forma pauperis.

Questions Presented

1. Whether Kafeel satisfied the requirements for preliminary injunctive relief.
2. Whether Kafeel satisfied the notice-certification requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1)(B) and Civil Local Rule 65-1(a)(5).
3. Whether Kafeel should be permitted to proceed in forma pauperis.

Disposition

other