Rickert et al v. Francis et al

Filing 29

ORDER denying 2 Motion for TRO. Mr. Tafoya is ordered to provide a copy of this order to his clients. Signed by Judge David G Campbell on 2/26/2014.(DGC, nvo)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roderick Rickert, et. al.,
Plaintiffs,

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ORDER

v.

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No. CV13-02326-PHX-DGC

Kurt Francis, et. al.,

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Defendants.

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Plaintiffs have filed an application for a temporary restraining order (“TRO”).

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Doc. 2. On November 20, 2013, the Court held a hearing on the application. Doc. 20.

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Defendant John Kawakami appeared by telephone.

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During the hearing, Plaintiffs relied on the verified complaint to support various

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factual assertions. When the Court noted that the verification attached to the complaint

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was not signed (Doc. 1 at 11), Plaintiffs’ counsel Michael G. Tafoya stated that he had

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the signed verification in his possession and would file it. The Court directed Mr. Tafoya

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to file the signed verification with a notice of filing, and stated that an order on the TRO

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application would be issued once the signed verification was filed.

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Mr. Tafoya has never filed the signed verification. The Court’s Judicial Assistant

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has called Mr. Tafoya’s office several times to ask if the verification would be filed. The

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Judicial Assistant has reminded Mr. Tafoya that the order on the TRO application would

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not be filed until the verification was filed, but it has never happened.

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In the absence of a signed verification, Plaintiffs have not provided sufficient

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evidence to support a TRO. As a result, the application for a TRO will be denied.

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Mr. Tafoya is ordered to provide a copy of this order to his clients.

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IT IS ORDERED that the application for a TRO (Doc. 2) is denied.

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Dated this 26th day of February, 2014.

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