American Civil Liberties Union Fund of Michigan v. Livingston, County of et al

Filing 23

ORDER Granting Motion for Extension of Temporary Restraining Order 21 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMERICAN CIVIL LIBERTIES
UNION FUND OF MICHIGAN,
Civil Action No. 14-11213
Plaintiff,
Honorable Denise Page Hood
v.
LIVINGSTON COUNTY, BOB
BEZOTTE and TOM CREMONTE,
Defendants.
___________________________________________/
ORDER GRANTING MOTION FOR EXTENSION
OF TEMPORARY RESTRAINING ORDER [#21]
On April 11, 2014, the Court entered a Temporary Restraining Order in this
matter. Plaintiff American Civil Liberties Union Fund of Michigan (“ACLU”) now
seeks an extension of the TRO. Plaintiff asserts Defendants do not agree to the
extension.
The TRO expires 14 days after entry, “unless before that time the court, for
good cause, extends it for a like period or the adverse party consents to a longer
extension.” Fed. R. Civ. P. 65(b)(2). As noted, Defendants do not consent to any
extension.
Plaintiff asserts that Plaintiff intends to send letters to the inmates providing or
offering to provide legal advice or assistance on the matter of the Jail’s postcard-only

policy. In light of Defendants’ refusal to consent to extend the TRO until the
scheduled preliminary injunction hearing on May 12, 2014, Plaintiff claims its right
to have continuing communications with the inmates via legal mail is endangered
before the preliminary injunction hearing which is scheduled for May 12, 2014.
The Court finds that Plaintiff has shown good cause for the extension of the
TRO for another 14 days as provided under Rule 65(b)(2). As noted by the Court in
its TRO, the reasoning incorporated in this Order, mail from the ACLU is considered
confidential legal mail and Plaintiff has shown it was and continues to be irreparably
harmed by Defendants’ actions. (Doc. No. 12, TRO); Sallier v. Brooks, 343 F.3d
868, 877 (6th Cir. 2003).

The TRO was entered on April 11, 2014, which

automatically expires on April 28, 2014. Fed. R. Civ. P. 65(b)(2) and 6(a). This
order extends the TRO as authorized by Rule 65(b)(2), for another 14 days from April
29, 2014, to May 13, 2014. Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Extension of Temporary
Restraining Order (Doc. No. 21, filed April 24, 2014) is GRANTED. The terms of
the April 11, 2014, TRO is extended from April 29, 2014, through May 13, 2014.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: April 25, 2014

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I hereby certify that a copy of the foregoing document was served upon counsel of
record on April 25, 2014, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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