Martinez Gonzalez v. Preston

Filing 6

TEMPORARY RESTRAINING ORDER: it is ORDERED as follows: (1) Plf Mara Magdalena Martinez Gonzlez's 3 motion for a temporary restraining order and to schedule expedited hearing is granted; (2) Dft Thomas David Preston is prohibited from removing the children, O.M.P.M. and T.D.P.M., from Lanett, Alabama pending a hearing on the merits of the verified complaint. Likewise, no person acting in concert or participating with dft Preston (including but not limited to his mother, Lurlie Cole Jenning s) shall take any action to remove the children from the city of Lanett; (3) A hearing on the merits of the verified complaint is scheduled to be held on 5/12/2015, at 10:00 AM, in Courtroom 2FMJ of the Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama; (4) Dft Preston is hereby directed to show cause at the hearing scheduled in paragraph (3) above why the children should not be returned forthwith to Mexico and why other relief requested in the verifi ed complaint should not be granted; further ORDERED that the US Marshal Service is forthwith to serve personally a copy of this order, along with the summons and copies of the complaint and the attachments and accompanying motions, on dft Thomas Davi d Preston and on Ms. Lurlie Cole Jennings; This order binds dft Thomas David Preston, Lurlie Cole Jennings, the parties' officers, agents, servants, employees, and attorneys; and all other persons who are in active concert or participation with the parties or their officers, agents, servants, employees, or attorneys. Signed by Honorable Judge Myron H. Thompson on 4/29/2015. (furn: calendar, ag, USMS)(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
MARÍA MAGDALENA MARTINEZ
GONZÁLEZ,
Plaintiff,
v.
THOMAS DAVID PRESTON,
Defendant.

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CIVIL ACTION NO.
3:15cv282-MHT
(WO)

TEMPORARY RESTRAINING ORDER
This matter comes before the court on plaintiff
María

Magdalena

temporary

Martinez

restraining

González’s

order.

Having

motion

for

considered

a
the

motion, the supporting exhibits, and related documents,
the court concludes that the motion should be granted
pursuant

to

Procedure.

Rule

65

of

the

Federal

Rules

of

Civil

For the reasons set forth in plaintiff’s

motion and accompanying brief, irreparable injury will
result to the plaintiff before the defendant can be
heard in opposition.

Moreover, the court has received

plaintiff’s
notice.
avoid

certification

of

her

efforts

to

give

The court issues this order without notice to
delays

caused

by

the

defendant’s

possible

attempts to evade service and to minimize the risk that
the

children

will

be

removed

from

the

court’s

jurisdiction before a hearing can be held.
Accordingly, it is ORDERED as follows:
(1) Plaintiff

María

Magdalena

Martinez

González’s

motion for a temporary restraining order and to
schedule

expedited

hearing

(doc.

no.

3)

is

granted.
(2) Defendant Thomas David Preston is prohibited from
removing

the

children,

O.M.P.M.

and

T.D.P.M.,

from Lanett, Alabama pending a hearing on the
merits of the verified complaint.

Likewise, no

person acting in concert or participating with
defendant Preston (including but not limited to
his mother, Lurlie Cole Jennings) shall take any

2

action to remove the children from the city of
Lanett.
(3) A hearing on the merits of the verified complaint
is scheduled to be held on May 12, 2015, at 10:00
a.m., in Courtroom 2FMJ of the Frank M. Johnson,
Jr. United States Courthouse Complex, One Church
Street, Montgomery, Alabama.
(4) Defendant

Preston

is

hereby

directed

to

show

cause at the hearing scheduled in paragraph (3)
above why the children should not be returned
forthwith

to

Mexico

and

why

other

relief

requested in the verified complaint should not be
granted.
It

is

further

ORDERED

that

the

United

States

Marshal Service is forthwith to serve personally a copy
of this order, along with the summons and copies of the
complaint and the attachments and accompanying motions,
on defendant Thomas David Preston and on Ms. Lurlie
Cole Jennings.
3

This order binds defendant Thomas David Preston,
Lurlie Cole Jennings, the parties’ officers, agents,
servants,

employees,

and

attorneys;

and

all

other

persons who are in active concert or participation with
the

parties

or

their

officers,

agents,

servants,

employees, or attorneys.
DONE, this the 29th day of April, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE