Johnson v. PHH Mortgage Service Center, et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs ex parte motion for TRO ECF No. 3 is DENIED without prejudice.. Signed by District Judge Rodney W. Sippel on 11/9/2012. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VERA L. JOHNSON,
Plaintiff,
v.
PHH MORTGAGE SERVICE
CENTER, et al.,
Defendants.

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No. 4:12-CV-2105-RWS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s ex parte motion for a temporary
restraining order ("TRO") [ECF No. 3]. For the reasons stated below, the motion will
be denied.
Plaintiff submitted a motion for TRO to the Court without adequately giving
notice to the adverse parties.1 Under Fed. R. Civ. P. 65(b)(1):
The court may issue a temporary restraining order without written or
oral notice to the adverse party or its attorney only if:

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The “Proof of Service by Mail” certificate at the bottom of ECF No. 1-3,
page 16 of 16, indicating that the complaint, motion for injunctive relief, and
supporting declaration of plaintiff were served by Gregory Bell on Kristin J.
Conwell at a St. Louis post office box address on November 10, 2012, is
inadequate.

(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 made to give
the notice and the reasons why it should not be required.
In the instant case, it does not clearly appear from specific facts shown either
by affidavit or by the verified complaint that immediate and irreparable injury, loss,
or damage will result to plaintiff before the adverse parties or their attorneys can be
heard in opposition. Moreover, plaintiff has not certified in writing the reasons why
notice should not be required. As a result, the motion will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s ex parte motion for TRO [ECF
No. 3] is DENIED without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 9th day of November, 2012.

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