Allen et al v. Pulaski County

Filing 66

ORDER that pltfs' 62 MOTION is properly characterized solely as a Motion for a Preliminary Injunction; deft is directed to file a response to the motion on or before 12/7/11; if necessary, a hearing will be set by separate order. Signed by Judge Susan Webber Wright on 12/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CHRISTOPHER ALLEN, ET AL.
Plaintiff
V.
PULASKI COUNTY
Defendant

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NO: 4:10CV1514 SWW

ORDER
Before the Court is Plaintiffs’ motion for a temporary restraining order and preliminary
injunction (docket entries #62, #63). Rules 65(a) and (b) of the Federal Rules of Civil
Procedure provide that a temporary restraining order can be granted without written or oral
notice to the adverse party,1 while a preliminary injunction may be granted only if the adverse
party has received notice. In this case, Plaintiffs have provided Defendant a copy of the motion,
and Plaintiffs do not assert that irreparable injury will result unless relief is granted before
Defendant can be heard. Accordingly, Plaintiffs’ motion is properly characterized solely as a

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The court may issue a temporary restraining order without written or oral notice to the
adverse party only if an affidavit or verified complaint clearly show that immediate and
irreparable injury will result to the movant before the adverse party can be heard and the
applicant's attorney certifies to the court in writing the efforts, if any, which have been made to
give the notice and the reasons supporting the claim that notice should not be required. See Fed.
R. Civ. P. 65(b). To insure that the rights of all concerned are protected, these procedural
safeguards must be scrupulously honored. See Wright, A. Miller, & M. Kane, FEDERAL
PRACTICE & PROCEDURE § 2952 at 271-72 (2d ed.1995).

motion for a preliminary injunction. Defendant is directed to file a response to the motion for a
preliminary injunction on or before Wednesday, December 7, 2011. If necessary, a hearing will
be set in a separate order.
IT IS SO ORDERED THIS 2nd DAY OF DECEMBER, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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