Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 11

STATEMENT of TRO CHECKLIST by Defendants Jane Doe, John Doe re 7 MOTION for TEMPORARY RESTRAINING ORDER. (Stein, Jerry)

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA TEMPORARY RESTRAINING ORDER (TRO) CHECKLIST NOTE: W hen filing a Motion for a TRO with the court, you must choose Motion for TRO. You must complete this document and attach is to your motion as an attachment in CM/ECF. If you have questions, please call the CM/ECF Help Desk at 1-866-884-5525 (Sacramento) or 1-866-884-5444 (Fresno).

(A)

Check one.

Filing party is represented by counsel Filing party is acting in pro se

G G

(B)

Has there been actual notice, or a sufficient showing of efforts to provide notice to the affected party? See Local Rule 65-231 and FRCP 65(b).
Yes. As set forth in the Declaration of Ken T. Kuniyuki, counsel for the party against whom the TRO is sought was given telephonic notice on April 2, 2008

Did applicant discuss alternatives to a TRO hearing?
No. Based upon conversations between counsel it was clear that the Does had to proceed with this application.

Did applicant ask opponent to stipulate to a TRO?
No. Based upon conversations between counsel it was clear that the Does had to proceed with this application.

Opposing Party: Kamehameha Schools/Bernice Pauahi Bishop Estate Telephone No.: [phone]

(C)

Has there been undue delay in bringing a TRO?
No

Could this have been brought earlier? Yes:

G

No:

G

Dockets.Justia.com

TRO Checklist - Page 2

(D)

W hat is the irreparable injury?
The Does are seeking an injunction to keep cross-defendants from disclosing their identities. Because of the emotional nature of the prior litigation, If the Does' identities becomes known, the Does fear for their safety and will be forced to go into hiding

W hy the need for an expedited hearing?
Cross-Defendants have indicated that in the immediate future they will disclose the Does identities.

(E)

Documents to be filed and (unless impossible) served on affected parties/counsel:

G G G G G G G

(1) (2) (3) (4) (5) (6) ( 7)

Complaint Motion for TRO Brief on all legal issued presented by the motion Affidavit detailing notice, or efforts to effect notice, or showing why it should not be given Affidavit in support of existence of irreparable harm Proposed order with provision for bond Proposed order with blanks for fixing:

G G G G G
(8)

Time and date of hearing for motion for preliminary injunction Date for filing responsive papers Amount of bond, if any Date and hour of issuance

For TROs requested ex parte, proposed order shall notify affected parties then can apply to the court for modification/dissolution on 2 days notice or such shorter notice as the court may allow. See Local Rule 65-231 and FRCP 65(b)