Virgil Bernard French v. Miami-Dade County and Romel Russell

Summary

The court strikes the Plaintiff’s emergency motion seeking a temporary restraining order. It concludes that the motion failed to comply with the Southern District of Florida’s emergency-motion certification requirement and did not satisfy Federal Rule of Civil Procedure 65(b)(1)’s requirements for relief without notice.

Holdings

1. A shorthand reference to Southern District of Florida Local Rule 7.1(d)(1) does not substitute for the specific certification required by that rule; because the Emergency Motion failed to comply with the procedural requirement, it was properly stricken.
2. A temporary restraining order without written or oral notice may issue only when specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury will result before the adverse party can be heard; Plaintiff's motion did not satisfy those requirements.

Questions Presented

1. Whether the Emergency Motion should be stricken for failure to comply with the Southern District of Florida's emergency-motion certification requirements.
2. Whether Plaintiff satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for issuance of a temporary restraining order without written or oral notice.

Disposition

other