Thompson v. Painted Desert Demonstration Project et al

Filing 17

ORDER denying 11 Motion for TRO. Signed by Judge David G Campbell on 2/6/2014.(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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Grace P. Thompson,
Plaintiff,

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No. CV13-8289 PCT DGC
ORDER

v.
Painted Desert Demonstration Project, et al.,
Defendants.

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Pro se Plaintiff Grace P. Thompson has filed a “Motion and Notice of Motion for

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Restraining Order.” Doc. 11. The Court construes Plaintiff’s motion as a request for a

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temporary restraining order (“TRO”) under Rule 65 of the Federal Rules of Civil

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Procedure. Defendants have filed a response. Doc. 14. For the reasons that follow, the

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Court will deny the motion.

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To obtain a TRO, Plaintiff must show that she is likely to succeed on the merits of

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this case, that she is likely to suffer irreparable harm in the absence of preliminary relief,

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that the balance of equities tips in her favor, and that a TRO is in the public interest.

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Winter v. Natural Res. Def. Council, 555 U.S. 7, 129 S.Ct. 365, 374 (2008).

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Plaintiff does not address these requirements. Indeed, Plaintiff does not seek a

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TRO with respect to any claim asserted in her lawsuit. See Doc. 1. Rather, Plaintiff asks

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the Court to restrain Defendants from communicating with or sending gifts to her.

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Because that request does not concern any claim in this case, and Plaintiff has not

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addressed the elements for a TRO, her motion will be denied. The Court notes, however,

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that Defendants’ response states that they agree not to send any additional

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correspondence to Plaintiff. Doc. 14 at 2. Defense counsel, of course, may communicate

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with Plaintiff regarding this lawsuit.

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Plaintiff also asks that all proceedings in this case be held in Prescott. The Court

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advises the parties that the federal courthouse in Prescott has been closed and that all

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proceedings in this case shall occur at the federal courthouse in Phoenix.

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IT IS ORDERED that Plaintiff’s motion for restraining order (Doc. 11) is denied.

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Dated this 6th day of February, 2014.

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