Ely v. United States Department of Education

Filing 4

ORDER re TRO. Signed by Judge James Donato on 5/25/2017. (jdlc1S, COURT STAFF) (Filed on 5/25/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MIKE JOHN ELY, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-03006-JD ORDER RE TRO v. UNITED STATES DEPARTMENT OF EDUCATION, Defendant. 12 13 14 15 Plaintiff Mike John Ely, appearing pro se, requests a temporary restraining order relating to a garnishment action in a student loan collection dispute. Dkt. No. 1. The request is denied. Ely did not serve the TRO papers on the United States. Civil Local Rule 65-1(b) provides 16 that, “[u]nless relieved by order of a Judge for good cause shown, on or before the day of an ex 17 parte motion for a temporary restraining order, counsel applying for the temporary restraining 18 order must deliver notice of such motion to opposing counsel or party.” Here, the moving papers 19 provide no indication that notice was provided and Ely has not established good cause for relief 20 from this requirement. 21 22 23 24 25 26 27 28 Federal Rule of Civil Procedure 65(b)(1) permits a temporary restraining order without notice to the adverse party when: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. The TRO request does not fall within these provisions. Ely makes generalized statements 1 2 about how garnishment will harm his ability to care for his children and put him at “significant 3 risk of permanent financial disruption,” but he does not provide any specific facts clearly showing 4 immediate and irreparable harm along these lines. See Dkt. No. 1 at 3. He has also not certified in 5 writing any attempts to give notice to defendant. Consequently, a TRO is not warranted at this 6 time. 7 8 IT IS SO ORDERED. Dated: May 25, 2017 9 10 JAMES DONATO United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?