Tina Rose v. State of Illinois, by and through its Judicial Branch, including the Second Judicial Circuit and the Franklin County Circuit Court

Summary

The United States District Court for the Southern District of Illinois denied without prejudice Tina Rose’s motions for a preliminary injunction, judicial notice, and protective relief. The court held that the preliminary-injunction motion could not be granted before notice to the State of Illinois, that the requested facts did not qualify for judicial notice under Federal Rule of Evidence 201, and that the motion for protective relief failed to satisfy the procedural requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b).

Holdings

1. A preliminary injunction could not be issued because Federal Rule of Civil Procedure 65(a)(1) requires notice to the adverse party, and Illinois had not been served or otherwise shown to have notice.
2. Judicial notice was improper because the facts identified by Rose were either subject to reasonable dispute or unsupported by evidence establishing that they were generally known or capable of accurate and ready determination from an unquestionable source.
3. Rose was not entitled to a temporary restraining order because her motion did not set forth specific facts showing immediate and irreparable injury before the adverse party could be heard and did not certify her efforts to provide notice or explain why notice should not be required.

Questions Presented

1. Whether the Court could grant Rose's preliminary-injunction motion before the State of Illinois had been served or otherwise given notice.
2. Whether Rose established facts eligible for judicial notice under Federal Rule of Evidence 201.
3. Whether Rose satisfied the procedural prerequisites for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).

Disposition

other