Humane Society Legislative Fund et al v. Johnson et al

Filing 9

ORDER DENYING IN PART 2 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Sherri Ferrell, Put The Citizens In Charge, Citizens In Charge, Keep Michigan Wolves Protected, Humane Society Legislative Fund and Directing Service Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

HUMANE SOCIETY LEGISLATIVE FUND,
et al.,
Plaintiffs,
v.

Case No. 14-10601

RUTH JOHNSON, et al.,
Defendants.
/
ORDER DENYING IN PART
PLAINTIFFS’ “MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR
PRELIMINARY INJUNCTION” AND DIRECTING SERVICE
On February 9, 2014, Plaintiffs filed their complaint and on the following day,
February 10, 2014, Plaintiffs filed a “Motion for Temporary Restraining Order And/Or
Preliminary Injunction.” The motion states that Plaintiffs sought concurrence from the
Michigan Attorney General’s Office and will advise the Director of the Bureau of
Elections that the motion is being filed. (Pg. ID # 24–24.) Plaintiffs also informed staff
that they had attempted to serve the Attorney General but were unsuccessful. The
court has reviewed the motion and determined that the requirements for issuing a
temporary restraining order under Federal Rule of Civil Procedure 65(b) are not met in
this case. Specifically, Plaintiffs’ filings fail to establish that “immediate and irreparable
injury, loss, or damage will result . . . before the adverse party can be heard in
opposition.” Fed. R. Civ. P. 65(b)(1)(A) (emphasis added). Accordingly,
IT IS ORDERED that Plaintiffs’ “Motion for Temporary Restraining Order And/Or
Preliminary Injunction” [Dkt. # 2] is DENIED IN PART. Specifically, it is DENIED with
respect to the request for a temporary restraining order.

IT IS FURTHER ORDERED that Plaintiffs are DIRECTED to immediately serve
the complaint and motion on Defendants and file a return of service forthwith. Upon
filing the return of service, the court will direct the parties to appear for a scheduling
conference, either by telephone or in chambers.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: February 11, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, February 11, 2014, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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