Gabor et al v. County of Santa Clara Board of Supervisors et al
Filing
5
ORDER Denying Temporary Restraining Order; Denying Application for Order to Show Cause without Prejudice. Signed by Judge Ronald M. Whyte on 8/27/07. (rmwlc1, COURT STAFF) (Filed on 8/27/2007)
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Gabor et al v. County of Santa Clara Board of Supervisors et al
Doc. 5
Case 5:07-cv-04266-RMW
Document 5
Filed 08/27/2007
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E-filed on 8/27/07
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
JOHN GABOR and KAY GABOR, Plaintiffs, v. COUNTY OF SANTA CLARA BOARD OF SUPERVISORS et al., Defendants.
No. C-07-04266 RMW ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR ORDER TO SHOW CAUSE WITHOUT PREJUDICE
Plaintiffs have filed additional papers requesting that the court issue a temporary restraining order and moving for preliminary injunction presumably in response to this court's order dated August 21, 2007. The court has reviewed the additional filings. Plaintiffs' application for temporary restraining order is denied. The court notes that plaintiffs' complaint and the motion for preliminary injunction was purportedly served by certified mail by plaintiffs to defendants.1 The court notes that such service does not constitute proper service. See Fed. R. Civ. P. 4(c)(2) ("Service may be effected by any person who is not a party and who is at least 18 years of age."). After proper service
1
It is unclear whether plaintiffs also purportedly served their complaint upon defendants.
ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR ORDER TO SHOW CAUSE WITHOUT PREJUDICE--No. C-07-04266 RMW SPT
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Case 5:07-cv-04266-RMW
Document 5
Filed 08/27/2007
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to defendants, plaintiffs may notice a motion for preliminary injunction pursuant to the Federal Rules of Civil Procedure and Civil Local Rules. See Fed. R. Civ. P. 7; Civil L.R. 7.
DATED:
8/27/07
RONALD M. WHYTE United States District Judge
ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR ORDER TO SHOW CAUSE WITHOUT PREJUDICE--No. C-07-04266 RMW SPT 2
Case 5:07-cv-04266-RMW
Document 5
Filed 08/27/2007
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A copy of this order was mailed on Counsel for Plaintiffs: John and Kay Gabor 590 Smokey Court Campbell, CA 95008-3717 Counsel for Defendants: No appearance
8/27/07
to:
Counsel are responsible for distributing copies of this order to co-counsel, as necessary.
ORDER DENYING TEMPORARY RESTRAINING ORDER; DENYING APPLICATION FOR ORDER TO SHOW CAUSE WITHOUT PREJUDICE--No. C-07-04266 RMW SPT 3
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