Rhonda Maxwell v. Walden University; and Brightside Child and Family Advocacy

Summary

The court denies Rhonda Maxwell’s request for an ex parte temporary restraining order, finding that her filings do not establish immediate and irreparable harm under Federal Rule of Civil Procedure 65(b). The court grants her request for an expedited hearing on a preliminary injunction, withholds ruling on that request, and orders service of the case materials and responses within specified deadlines.

Holdings

1. Plaintiff failed to show that immediate and irreparable injury, loss, or damage would result before Defendants could be heard and failed to establish a sufficient basis for dispensing with notice; therefore, the request for a temporary restraining order was denied.
2. The court granted Plaintiff's request for an expedited preliminary-injunction hearing and withheld ruling on the preliminary-injunction request until Defendants were served and had an opportunity to respond.

Questions Presented

1. Whether Plaintiff satisfied Federal Rule of Civil Procedure 65(b)(1) for an ex parte temporary restraining order.
2. Whether Plaintiff's requested emergency relief would preserve the status quo or instead alter the existing circumstances without notice to Defendants.
3. Whether the court should expedite a hearing on Plaintiff's preliminary-injunction motion while withholding a ruling on the merits pending Defendants' responses.

Disposition

other