Nahal Taninim, LLC et al v. Egan et al

Filing 6

ORDER denying 2 Motion for TRO (Written Opinion). Signed by Judge Joan N. Ericksen on May 2, 2012. (slf)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Nahal Taninim, LLC, and Nir Yitzhak, LLC,
Plaintiffs,
v.

Civil No. 12-1074 (JNE/JJG)
ORDER

William Egan, John Brandt, Nauni Manty,
Jeanette Myers-Rich, City of St. Paul,
St. Paul Pioneer Press, Journal Sentinel, Inc.,
and Villager Communications, Inc.,
Defendants.
This case is before the Court on Plaintiffs’ Motion for Temporary Restraining Order and
Preliminary Injunction. The Court construes it as a motion for an ex parte temporary restraining
order. A temporary restraining order may issue without notice to the adverse party only if (1)
“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 (2) “the movant’s attorney certifies in writing any efforts made to give notice
and the reasons why it should not be required.” Fed. R. Civ. P. 65(b). Plaintiffs have not shown
by affidavit or verified complaint that immediate and irreparable harm will result to them before
Defendants can be heard in opposition, and Plaintiffs’ attorney has not certified in writing what,
if any, efforts have been made to give Defendants notice and the reasons why notice should not
be required. Because Plaintiffs have not demonstrated that the extraordinary remedy of an ex
parte temporary restraining order is warranted, the Court denies their motion [Docket No. 2].
IT IS SO ORDERED.
Dated: May 2, 2012
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge