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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Roderick Rickert, et. al., Plaintiffs, 10 11 ORDER v. 12 No. CV13-02326-PHX-DGC Kurt Francis, et. al., 13 Defendants. 14 15 16 Plaintiffs have filed an application for a temporary restraining order (“TRO”). 17 Doc. 2. On November 20, 2013, the Court held a hearing on the application. Doc. 20. 18 Defendant John Kawakami appeared by telephone. 19 During the hearing, Plaintiffs relied on the verified complaint to support various 20 factual assertions. When the Court noted that the verification attached to the complaint 21 was not signed (Doc. 1 at 11), Plaintiffs’ counsel Michael G. Tafoya stated that he had 22 the signed verification in his possession and would file it. The Court directed Mr. Tafoya 23 to file the signed verification with a notice of filing, and stated that an order on the TRO 24 application would be issued once the signed verification was filed. 25 Mr. Tafoya has never filed the signed verification. The Court’s Judicial Assistant 26 has called Mr. Tafoya’s office several times to ask if the verification would be filed. The 27 Judicial Assistant has reminded Mr. Tafoya that the order on the TRO application would 28 not be filed until the verification was filed, but it has never happened. 1 In the absence of a signed verification, Plaintiffs have not provided sufficient 2 evidence to support a TRO. As a result, the application for a TRO will be denied. 3 Mr. Tafoya is ordered to provide a copy of this order to his clients. 4 IT IS ORDERED that the application for a TRO (Doc. 2) is denied. 5 Dated this 26th day of February, 2014. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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