Mehmood v. Sarani

Filing 55

ORDER signed by Magistrate Judge Allison Claire on 6/6/2018 VACATING 53 Motion for TRO. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YASIR MEHMOOD,

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No. 2:17-cv-00970 KJM AC PS

Plaintiff,
v.

ORDER

TABASSUM SARANI,
Defendant.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). This matter is before

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the court on plaintiff’s motion for a temporary restraining order. ECF No. 53.

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Plaintiff moves for an expedited temporary restraining order to be issued to enjoin

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defendant from “either personally or through third parties causing to sale of any asset or any thing

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of value during the pendency of this civil action.” ECF No. 53 at 1. This motion cannot be

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considered, because plaintiff has not complied with the notice requirements set forth in Local

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Rule 231(a) and Fed. R. Civ. Proc. (“Rule”) 65(b). The circumstances in which the court may

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issue a temporary restraining order without written or oral notice to the adverse party are limited.

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See Fed. R. Civ. Proc. 65(b)(1)(A). Those circumstances are not present here. Specifically, there

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are no facts in plaintiff’s complaint or any supporting affidavit that “clearly show that immediate

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and irreparable injury, loss or damage will result to the movant before the adverse party can be
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heard in opposition[.]” See id. Neither plaintiff’s general allegations that defendant is disposing

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of assets, nor his conclusory assertion that he will be denied relief in his case if the temporary

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restraining order is not granted, supports consideration of the TRO application without notice to

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the defendant.

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Additionally, the motion for a temporary restraining order is defective because plaintiff

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has not provided all the necessary documents required under Local Rule 231(c), such as an

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affidavit in support of the existence of an irreparable injury and a provision for a bond within the

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proposed temporary restraining order. ECF No. 53. To the extent plaintiff intends to seek a

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preliminary injunction, such a motion must be filed in accordance with Local Rule 231(d) and

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Rule 65(a) and must be noticed for an available calendar date.
The court further notes that plaintiff has filed previous requests for emergency relief that

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have been vacated or denied as procedurally defective. See ECF Nos. 28, 32. The court’s

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previous orders have advised plaintiff of the requirements for seeking a temporary injunction, id.,

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but plaintiff has not conformed his motion to those requirements. Plaintiff has also filed

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numerous other documents not contemplated by the Federal Rules of Civil Procedure and without

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any legal effect. See, e.g., ECF Nos. 35-39 (“Due Process Notices” regarding damages, interest,

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and other matters related to remedies). These filings burden the court and fail to advance the

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litigation. Plaintiff is cautioned that “pro se litigants must follow the same rules of procedure that

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govern other litigants.” King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Future motions that

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do not substantially conform to the Federal Rules of Procedure and the Local Rules of this court

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will be summarily vacated.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for temporary restraining
order, ECF No. 53, is VACATED.
IT IS SO ORDERED.
DATED: June 6, 2018

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