LANGILLE v. HOFER

Filing 10

ORDER denying 9 Motion for TRO. Plaintiff's request to seal affidavit in support of TRO is GRANTED. Signed by MAGISTRATE JUDGE GARY R JONES on 9/27/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DEANNA LANGILLE,
Plaintiff,
v.

CASE NO. 1:12-cv-127-MP-GRJ

JAY HOFER, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Plaintiff’s Motion for Emergency Temporary
Restraining Order. (Doc. 9.) Plaintiff seeks to enjoin Defendant, the Commissioner of
the Internal Revenue Service, “from levying and liening her property until there has
been a hearing on or conclusion of the issues” in her case. Plaintiff also seeks to seal
the affidavit because it contains personal and confidential financial information. (Id.)
Plaintiff has failed to comply with the procedural requirements to obtain a
temporary restraining order. Pursuant to Rule 65(b) of the Federal Rules of Civil
Procedure, a court may issue a temporary restraining order without notice to the
adverse party only if:
[S]pecific 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 the
movant’s attorney certifies in writing any efforts made to give notice
and the reasons why it should not be required.
Plaintiff has not certified any efforts she has made to give notice to Defendants or why
notice should not be required. Nor has she stated why notice should not be required.
Accordingly, her motion does not comply with Rule 65(b)(1)(B) and is procedurally

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defective on its face. (Doc. 9.) Furthermore, Plaintiff has failed to comply with Local
Rule 7.1, which requires that Plaintiff “shall serve and file with every motion in a civil . . .
proceeding a memorandum with citation of authorities in support of the motion.”
Plaintiff failed to serve and file such a memorandum with her motion and therefore has
failed to provide the Court with any legal support for her motion.
Accordingly, it is ORDERED that:
1. Plaintiff’s motion for a temporary restraining order (Doc. 9) is summarily
DENIED without prejudice.
2. Plaintiff’s request to seal the affidavit submitted in support of her Motion for
Emergency Temporary Restraining Order (Doc. 9, pp. 3-4) is GRANTED. The
affidavit (Doc. 9, pp. 3-4) shall be sealed.
DONE AND ORDERED this 27th day of September, 2012.

s/ Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:12-cv-127-MP-GRJ