Barton et al v. Clackamas County Senior Citizens Council, Inc. et al

Filing 10

ORDER - Plaintiffs' Motion for Temporary Restraining Order (ECF 7 ) is DENIED without prejudice and with leave to renew after Defendants have been properly served and Plaintiffs have filed appropriate proof of service. Signed on 8/1/2017 by Judge Michael H. Simon. Copy mailed to plaintiff on 8/1/2017 (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROSS BARTON AND
YVONNE KENNEDY,

Case No. 3:17-cv-1145-SI
ORDER

Plaintiffs,
v.
CLACKAMAS COUNTY SENIOR
CITIZENS COUNCIL, INC. and HEALTH
CARE AT FOSTER CREEK,
Defendants.
Michael H. Simon, District Judge.
On July 24, 2017, Plaintiff Ross Barton filed this civil lawsuit, purportedly on behalf on
himself, pro se, and on behalf of Plaintiff Yvonne Kennedy. ECF 1. At the time, neither of the
two plaintiffs was represented by a lawyer, and only Mr. Barton signed the Complaint. Id. at 9.
Because Mr. Barton is not a lawyer, he may not represent Ms. Kennedy, although he may
represent himself. The Court appointed pro bono counsel for Ms. Kennedy, but denied
Mr. Barton’s request for pro bono counsel. ECF 5; ECF 8. On July 28, 2017, Mr. Barton, again
purportedly on behalf of both himself and Ms. Kennedy, filed an ex parte motion for temporary
restraining order. ECF 7. Defendants, however, has not yet been served with legal process. The

PAGE 1 – ORDER

Court has reviewed Mr. Barton’s motion for temporary restraining order and concludes that it
would be inappropriate for the Court to issue the requested order without Defendants first being
given notice and an opportunity to be heard.
Plaintiffs’ Motion for Temporary Restraining Order (ECF 7) is DENIED without
prejudice and with leave to renew after Defendants have been properly served and Plaintiffs have
filed appropriate proof of service.
IT IS SO ORDERED.
DATED this 1st day of August, 2017.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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