Sadi et al v. Obama et al

Filing 7

ORDER Denying 6 Emergency MOTION for Declaratory Judgment Ex Parte, Emergency MOTION for Permanent Injunction Ex Parte, Emergency MOTION for Preliminary Injunction Ex Parte, Emergency MOTION for Writ of Mandamus Ex Parte by All Plaintiffs. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Rashid Mohamed Sadi, et al.,
Plaintiffs,
v.

Civil Case No. 15-11314

Barack H. Obama, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
_____________________________/
ORDER DENYING
PLAINTIFFS’ EX PARTE MOTION FOR PRELIMINARY INJUNCTION
On April 9, 2015, Plaintiffs filed this action against President Barack H. Obama,
Secretary of State John F. Kerry, Secretary of Defense Ash Carter, and United States
Ambassador to Yemen Matthew H. Tueller.
The docket reflects that Plaintiffs have not yet served any of the Defendants named in
this action.
On April 21, 2015, Plaintiffs filed an “Ex Parte Emergency Motion For Preliminary
And/Or Permanent Injunction, And Mandamus And Declaratory Relief.” (Docket Entry No. 6).
This motion, filed ex parte and without Defendants having been served with the complaint in this
action, asks this Court to grant a preliminary injunction in this action.
Pursuant to Fed. R. Civ. P. 65, a district court “may issue a preliminary injunction only
on notice to the adverse party.” Fed. R. Civ. P. 65(a)(1) (emphasis added). Thus, “Rule 65(a)(1)
requires notice prior to the entry of a preliminary injunction” and this Court is not authorized to
grant an ex parte motion for a preliminary injunction. Reed v. Cleveland Bd. of Educ., 581 F.2d

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570, 573 (6th Cir. 1978). Moreover, the Sixth Circuit has explained that “the notice requirement
of Rule 65(a)(1) also ‘implies a hearing in which the defendant is given a fair opportunity to
oppose the application and to prepare for such opposition.’” County Sec. Agency v. Ohio Dept. of
Commerce, 296 F.3d 477, 484 (6th Cir. 2002).
Accordingly, IT IS ORDERED that Plaintiffs’ Ex Parte Motion for Preliminary
Injunction (Docket Entry No. 6) is DENIED.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: April 22, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
April 22, 2015, by electronic and/or ordinary mail.
S/J. McCoy
Case Manager

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