Summary
The United States District Court for the Western District of Washington denied Frank's Landing Indian Community's emergency motion for a temporary restraining order. The court held that Plaintiff failed to comply with the notice requirements of Federal Rule of Civil Procedure 65(b) and waited too long to seek relief before scheduled state-court depositions.
Holdings
- Plaintiff did not comply with the notice requirements of Federal Rule of Civil Procedure 65(b), and the court therefore could not grant the requested emergency relief.
- The court denied the TRO because Plaintiff created the asserted emergency by waiting to file until two days before the scheduled depositions, leaving Defendant and the court insufficient time to respond and prepare for a hearing.
Questions Presented
- Whether Plaintiff satisfied the notice requirements for an ex parte temporary restraining order under Federal Rule of Civil Procedure 65(b)(1).
- Whether Plaintiff's delay in filing the emergency motion warranted denial of the requested temporary restraining order.
Disposition
denied
Cases Cited (7)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008)(followed)
- Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 829 n.7 (9th Cir. 2001)(followed in part)
- Reno Air Racing Ass'n v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006)(followed)
- Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S. 423, 438-39 (1974)(followed)
- Estrada v. Booker, 374 F. App'x 730, 732 (9th Cir. 2010)(followed)
- Gibson v. City of Vancouver, No. C20-6162, 2020 WL 7213360, at *1 (W.D. Wash. Dec. 3, 2020)(followed by analogy)
- Whitley v. Ritchie Grp., No. C17-673, 2017 WL 5075303, at *1 (W.D. Wash. Aug. 1, 2017)(followed by analogy)
Cited In (0)
No citing cases on record yet.
Court Document
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