Manley v. DeVazier

Filing 4

ORDER: Manley's motion for a temporary restraining order, 3 , is noted. First, the Court has doubts about its subject matter jurisdiction. Manley should file a brief addressing that point by 27 April 2015. Second, there does not appear to be an y imminent irreparable harm in prospect. The Court declines to act until subject matter jurisdiction can be addressed. DeVazier must file an expedited response to the motion for injunctive relief, and address jurisdiction, by 30 April 2015. Because D eVazier hasn't answered or other appeared, the Court orders Manley to send DeVazier's lawyer a copy of this Order today by email, facsimile, and U.S. mail. Manley should file proof of service by tomorrow, 24 April 2015. Signed by Judge D. P. Marshall Jr. on 4/23/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION SHAWN DeVAZIER MANLEY, in her capacities as Executrix of the Estate of the Donna A. DeVazier and as Beneficiary of the Donna A. DeVazier Irrevocable Inter Vivos Trust No.1 dated December 29, 2003 v. PLAINTIFF No. 2:15-cv-54-DPM THOMAS BRADLEY DeV AZIER, as Trustee of the Donna A. DeVazier Irrevocable Inter Vivos Trust No.1 dated December 29, 2003 DEFENDANT ORDER Manley's motion for a temporary restraining order, N2 3, is noted. First, the Court has doubts about its subject matter jurisdiction. Manley should file a brief addressing that point by 27 April 2015. Second, there does not appear to be any imminent irreparable harm in prospect. The federal estate taxes, for example, aren't due until 22 May 2015. The Court therefore declines to act until subject matter jurisdiction can be addressed. DeVazier must file an expedited response to the motion for injunctive relief, and address jurisdiction, by 30 April 2015. Because DeVazier hasn't answered or otherwise appeared, the Court orders Manley to send DeVazier' s lawyer a copy of this Order today by email, facsimile, and U.S. mail. Manley shall file proof of service by tomorrow, 24 April 2015. So Ordered. D .P. Marshall Jr. United States District Judge -2-

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