John Doe v. United States Citizenship and Immigration Services et al.

Summary

The United States District Court for the Western District of Washington denied without prejudice John Doe's ex parte motion for a temporary restraining order and preliminary injunction. The court held that Plaintiff did not satisfy Federal Rule of Civil Procedure 65(b)(1)'s requirements for obtaining an ex parte TRO without notice, including showing immediate and irreparable injury and addressing notice to the defendants.

Holdings

1. Plaintiff did not satisfy Federal Rule of Civil Procedure 65(b)(1)'s requirements for an ex parte temporary restraining order, including the required showing of immediate and irreparable injury before Defendants could be heard and written certification concerning efforts to provide notice.
2. The asserted absence of prejudice to Defendants and counsel's promise to promptly serve Defendants after issuance of a TRO were insufficient reasons to forgo the notice required by Rule 65(b)(1).

Questions Presented

1. Whether Plaintiff satisfied Federal Rule of Civil Procedure 65(b)(1)'s requirements for issuance of an ex parte temporary restraining order without notice.
2. Whether Plaintiff's assertion that Defendants would not be prejudiced, together with counsel's promise to promptly serve Defendants after issuance, justified dispensing with prior notice.

Disposition

other