Le v. Firemans Fund Insurance Company

Filing 10

ORDER by Judge Richard A Jones. The court DENIES Plaintiff's 6 Motion for Temporary Restraining Order. Plaintiff is also ORDERED to SHOW CAUSE no later than May 2, 2013 why this case should not be dismissed for lack of subject matter jurisdiction. (CL) (cc: pltf)

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HONORABLE RICHARD A. JONES 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 KHANH LE, 10 11 12 13 Plaintiff, v. ORDER FIREMANS FUND INSURANCE COMPANY, Defendant. 14 15 CASE NO. C13-376RAJ Today, the court received a motion for temporary restraining order and 16 preliminary injunction. Dkt. # 9. Plaintiff, proceeding pro se, filed an amended 17 complaint on March 5, 2013. Dkt. # 6. So far as the record reveals, Plaintiff has not 18 served his complaint on, or given informal notice of the complaint, to Defendant. 19 The court’s local rules explain the procedure for filing a motion for a temporary 20 restraining order. Local Rules W.D. Wash. LCR 65(b). Plaintiff has not complied with 21 these procedures. He has not, for example, served the opposing party before or 22 contemporaneously with filing the motion, or included a certificate of service or 23 defendant’s contact information. 24 The court denies the request for a temporary restraining order for the following 25 reasons. First, Plaintiff has not attempted to satisfy the standards of Federal Rule of Civil 26 Procedure 65(b), which explains what a movant must do to obtain a temporary restraining 27 28 ORDER – 1 1 order without giving notice to the opposing party or parties. Second, Plaintiff has not 2 included anything in his complaint that explains why the court should act immediately, 3 before Defendant receives notice of this suit. Third, and most importantly, even if 4 Plaintiff had complied with procedural rules, and even if he had established a need for 5 immediate action from the court, there is nothing in his complaint that suggests that he is 6 likely to succeed on the merits of his suit. Indeed, it appears that this court lacks subject 7 matter jurisdiction over this case where he alleges “false arrest” and “production of 8 falsified documents in numerous courts” against the Fireman’s Fund Insurance Company, 9 a private entity. 10 The court cannot grant a temporary restraining order on this record. Plaintiff is 11 also ORDERED to SHOW CAUSE no later than May 2, 2013 why this case should not 12 be dismissed for lack of subject matter jurisdiction. 13 14 DATED this 5th day of April, 2013. 15 A 16 17 The Honorable Richard A. Jones United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER – 2

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