IPFS Corporation v. Carrillo

Filing 7

ORDER Denying 2 Plaintiff's Motion for Temporary Restraining Order. Signed by Chief Judge Gloria M. Navarro on 04-07/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IPFS CORPORATION, a Missouri
Corporation,

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Plaintiff,
vs.
LORRAINE CARRILLO, an individual,

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Defendant.

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Case No.: 2:14-cv-00509-GMN-GWF
ORDER

Pending before the Court is the Motion for Temporary Restraining Order (ECF No. 2)

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filed by Plaintiff IPFS Corporation (“Plaintiff”). Having reviewed Plaintiff’s Motion, the Court

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finds that Plaintiff has failed to establish that it is entitled to the requested relief.

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Rule 65(b) authorizes a court to issue a temporary restraining order without notice.

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However, a court may grant a motion for temporary restraining order only if that motion

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includes “specific facts in an affidavit or a verified complaint [that] clearly show that

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immediate and irreparable injury, loss, or damage will result to the movant before the adverse

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party can be heard in opposition,” as well as written certification from the movant’s attorney

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stating “any efforts made to give notice and the reasons why it should not be required.” Fed. R.

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Civ. P. 65(b).

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Here, although Plaintiff discusses each of the prongs of the Winter test articulated by the

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United States Supreme Court in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7,

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20 (2008), Plaintiff has failed to provide any basis from which the Court can conclude that the

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requested relief should be granted without notice to Defendants. In fact, any discussion of the

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requirements of Rule 65(b) is wholly absent from Plaintiff’s motion. Therefore, the Court

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cannot issue the requested temporary restraining order. See Fed. R. Civ. P. 65(b).

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Temporary Restraining Order
(ECF No. 2) is DENIED.

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DATED this _____ day of April, 2014.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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