Ross v. Bachand et al

Filing 20

ORDER to Strike 19 MOTION for Temporary Restraining Order filed by R. L. Ross. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
R. L. ROSS,
Plaintiff,
v

Case No. 14-cv-14122
Honorable Thomas L. Ludington

DONALD BACHAND, et al.,
Defendants.
__________________________________________/
ORDER STRIKING EX-PARTE MOTION AND MEMORANDUM
On January 22, 2015, Plaintiff Rhonda L. Ross filed an ex-parte motion and
memorandum of law. The motion will be stricken for failure to comply with the Local Rules.
First, Eastern District of Michigan Local Rules 7.1(b) and (c) require that all motions
comply with Local Rule 5.1, which governs papers presented for filing. Local Rule 5.1(a)(3)
explicitly requires that all papers must use size 14-point font. Plaintiff’s motion does not comply
with this rule because it contains a font size that is significantly smaller than the required 14point font.
Second, Plaintiff has not complied with Local Rule 5.1, which governs the procedures for
filing exhibits to motions. The Local Rules provide that:
(2)

The filing use must prepare an index of exhibits and file the index as the
first attachment to the paper. Each exhibit must be described on the index
both by an exhibit identifier and by a brief narrative description. . . .

(3)

Each exhibit must then be filed and identified as a separate attachment to
the paper, and must be labeled in the electronic record with an exhibit
identifier and brief narrative description.

Electronic Filing Policies and Procedures R16. Here, Plaintiff did not comply with the Local
Rules. Instead, she filed her motion and exhibits as a single file, without any descriptions and
without an index.
Third, Local Rule 65.1 provides that a party may file an ex parte motion for a temporary
injunction “if Fed. R. Civ. P. 65(b)(1) permits an ex parte order.” Federal Rule of 65(b)(1)
requires two elements to be met before a party may file an ex parte motion for a temporary
restraining order:
The court may issue a temporary restraining order 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 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 to give notice
and the reasons why it should not be required.

(emphasis added). Here, Plaintiff does not provide any reason that would justify an ex parte
temporary restraining order. Defendants have already been served, and counsel have already
made appearances on behalf of defendants. Plaintiff has made no representations that she
attempted to give notice to Defendants, nor has she explained why she did not. Accordingly, she
has not complied with the requirements of Federal Rule of Civil Procedure 65, and by extension,
Eastern District of Michigan Local Rule 65.1.
Accordingly, it is ORDERED that Plaintiff Ross’s Ex Parte Motion (ECF No. 19) is
STRICKEN.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: January 23, 2015

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PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on January 23, 2015.
s/Tracy A. Jacobs
TRACY A. JACOBS

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