Harris v. Law School Admission Counsel et al

Filing 5

MINUTE ORDER re 4 MOTION for Temporary Restraining Order filed by Russell Dean Harris; Defendants shall have until noon on August 24, 2017, to file notices and until noon on August 25, 2017, to file responses, if any by Judge Ricardo S Martinez. (RS)cc parties by mail and email

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RUSSELL DEAN HARRIS,
Plaintiff,

Case No. C17-1261RSM
MINUTE ORDER

v.
LAW SCHOOL ADMISSION COUNSEL,
SEATTLE UNIVERSITY SCHOOL OF
LAW, NATASHA MURPHY, LSAC
REGIONAL COORDINATOR, in their
official capacities,
Defendants.

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The following MINUTE ORDER is made by direction of the Court, the Honorable

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Ricardo S. Martinez, Chief United States District Judge: On August 21, 2017, pro se Plaintiff

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Russell Dean Harris filed a Motion for a Temporary Restraining Order (“TRO”) against

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Defendants Law School Admission Counsel (“LSAC”), Seattle University School of Law, and
Natasha Murphy, seeking a court order requiring Defendants to provide certain

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accommodations for Mr. Harris in the upcoming September 16, 2017, Law School Admissions

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Test (“LSAT”). Dkt. #7. Mr. Harris requests this Motion be heard ex parte, i.e. without notice

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and an opportunity to be heard, arguing that the applicable Rule 65(b) requirements are met.

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MINUTE ORDER - 1

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Dkt. #4 at 1. Mr. Harris states in an affidavit of service that he has delivered copies of this

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Motion to Defendants LSAC and Natasha Murphy via fax and U.S. mail. Id. at 6. Plaintiff

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does not indicate that Defendant Seattle University has been served.

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“The Court may issue a temporary restraining order without written or oral notice to the
adverse party or its attorney only if 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

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adverse party can be heard in opposition; and the movant’s attorney certifies in writing any

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efforts made to give notice and the reasons why it should not be required.” Fed. R. Civ. P.

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65(b)(1). The Court’s Local Rules otherwise allow for the adverse party or parties to file a
Response to a TRO. See LCR 65(b)(5). The adverse party must file a notice “indicating

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whether it plans to oppose the motion within twenty-four hours after service of the motion,”

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and “file its response, if any, within forty-eight hours after the motion is served.” Id. No reply

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is permitted from Plaintiff. Id.

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“Unless the requirements of Fed. R. Civ. P. 65(b) for issuance without notice are

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satisfied, the moving party must serve all motion papers on the opposing party before or

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contemporaneously with the filing of the motion and include a certificate of service with the

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motion.” LCR 65(b)(1).

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The Court has reviewed Mr. Harris’ Motion and finds he has failed to demonstrate that
immediate and irreparable injury will result before Defendants can be heard in opposition.
There is no evidence on the record that any harm will occur to Mr. Harris in the next 48 hours.

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The testing date is several weeks away and LSAC’s apparent deadline for Mr. Harris to seek

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accommodation has already passed. See Dkt. #3 at 39, 48. Accordingly, the Court will not

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grant ex parte relief and Defendants may file a response pursuant to Local Rule 65(b)(5).

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MINUTE ORDER - 2

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Importantly, because it is not entirely clear that Defendants will receive timely notice of

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the TRO Motion given Plaintiff’s method of service, the Court will extend the deadlines for

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Defendants to file notices of intent to respond and to respond. Defendants shall have until

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noon on August 24, 2017, to file notices and until noon on August 25, 2017, to file

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responses, if any.
The Court DIRECTS the Clerk to mail a copy of this Minute Order to Plaintiff at 7363
148th AVE NE Redmond, WA 98052, and to Defendants at:

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LSAC Accommodated Testing
PO BOX 8512
Newton, PA 18940-8512

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Natasha Murphy
Seattle University School of Law
1215 E Columbia St
Seattle, WA 98122

The Court further DIRECTS the Clerk to email a copy of this Minute Order to the following

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addresses provided by Plaintiff: [e-mail]; [e-mail].

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DATED this 21 day of August, 2017.

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WILLIAM McCOOL, Clerk

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By:

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MINUTE ORDER - 3

/s/ Rhonda Stiles
Deputy Clerk