Doughty v. Department of the Navy

Filing 4

ORDER (Re Doc. 3 ): Plaintiff's Ex Parte Motion for a Temporary Restraining Order and Preliminary Injunction is denied without prejudice to Plaintiff filing a proof of service of the Complaint and Motion or providing grounds as to why notice to Defendant should not be required. Signed by Judge William Q. Hayes on 9/19/2014. (mdc)

FILED

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SEP 1 9 2014

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CASE NO. 14cv2221-WGH-BLM

NnCHAELDOUGHTY,an
individual,
Plaintiff,

ORDER

vs.
DEPARTMENT FO THE NAVY, a
Federal agency,

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Defendant.

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16 HAYES, Judge:
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The matter before the Court is the Ex Parte Motion for Temporary Restraining

18 Order and Preliminary Injunction filed by Plaintiff Michael Doughty. (ECF No.3).

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On September 17, 2014, Plaintiff initiated this action by filing the Complaint.

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On September 18, 2014, Plaintiff filed the Ex Parte Motion for

Temporary Restraining Order and Preliminary Injunction. (ECF No.3). The Motion

22 requests that the Court "[d]eclare that [the Navy's] de-mobilization and discharge of
23 Plaintiff violates the Due Process Clause ofthe Fifth Amendment to the Constitution
24 ofthe United States and enjoin Defendant from de-mobilizing and discharging Plaintiff
25 until he has a proper opportunity to respond to the periodic investigation," "[i]ssue
26 preliminary and permanent injunctions enjoining [the Navy] from de-mobilizing and
27 discharging Plaintiff until he has had a proper opportunity to respond to the periodic
28 investigation," and "[o]rder [the Navy] to reinstate Plaintiff to the pre-deployment

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14cv2221-WQH·BLM

1 training he was undergoing when his security clearance was revoked without cause."
2 (ECF No.3-I). The Motion is accompanied by Plaintiffs de-mobilization orders,
3 which he received on September 18,2014.
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Rule 65 of the Federal Rules of Civil Procedure provides:

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(a)(1) The court may issue a preliminary injunction only on notice to the
adverse party ....

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(b)( 1) The .court may issue a temporary restraining ord~r without written
or oral notIce to the adverse party or Its attorney only If:
(A) specific facts in an affidavit or a verified complaint
clearly show that immediate and irre.Qarable inj!ll)', 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
mad~ to give notice and the reasons why it sllouId not be
reqUIred.

To the extent Plaintiff seeks a preliminary injunction, Plaintiff has failed

the fact that our entire jurisprudence runs counter to the notion of court action taken

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before reasonable notice and an opportunity to be heard has been granted both sides of
a dispute.") (quotation omitted).
IT IS HEREBY ORDERED THAT Plaintiffs Ex Parte Motion for a Temporary
Restraining Order and Preliminary Injunction (ECF No.1) is DENIED without
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14cv2221-WQH-BLM

1 prejudice to Plaintiff filing a proofofservice ofthe Complaint and Motion or providing

2 grounds as to why notice to Defendant should not be required.
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4 DATED:
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1jot)cL
WILLIAM O. H ES
United StatesTIi rict Judge

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14cv2221-WQH-BLM