Michella Smith, et al. v. Brian S. Berger, et al.

Summary

The United States District Court for the Western District of Michigan magistrate judge recommends denying Plaintiffs’ motion for an emergency temporary restraining order. The recommendation concludes that Plaintiffs failed to satisfy the requirements of Federal Rule of Civil Procedure 65 and further recommends striking the motion because it contains insufficiently redacted photographs of a child.

Holdings

1. Plaintiffs failed to establish that emergency TRO relief was appropriate because they did not provide the required specific facts clearly showing immediate and irreparable injury and did not certify their efforts to provide notice or why notice should not be required.
2. The magistrate judge recommended striking the motion because it contained photographs of a child whose identity had not been sufficiently shielded.

Questions Presented

1. Whether plaintiffs satisfied the requirements for an emergency temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).
2. Whether the motion should be stricken because it contained photographs of a child whose identity was not sufficiently shielded.

Disposition

other