Parler LLC v. Amazon Web Services Inc

Filing 6

ORDER re Plaintiff's #2 MOTION for Temporary Restraining Order: The Court orders Parler to "serve all motion papers," including the Complaint, on AWS by no later than 5:00 p.m. PST today, January 11, 2021. AWS shall respond to the Motion for TRO no later than 5:00 p.m. PST, January 12, 2021. Parler may file any reply no later than 12:00 noon PST, January 13, 2021. The parties shall follow all rules for briefing, including page limits, set out in the Local Rules. Signed by Judge Barbara J. Rothstein. (MW)

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PARLER LLC,

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Plaintiff,
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v.
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AMAZON WEB SERVICES, INC.,
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Defendant.
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____________________________________)

CASE NO.

2:21-cv-0031-BJR

ORDER RE: MOTION FOR
TEMPORARY RESTRAINING ORDER

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This matter comes before the Court on an ex parte Motion for Temporary Restraining

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Order (“TRO”) filed by Plaintiff Parler LLC (“Parler”). Dkt. No. 2. Parler filed its motion

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contemporaneously with its Complaint; neither has been served on Defendant Amazon Web

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Services, Inc. (AWS), nor has AWS yet made an appearance. In brief, Parler alleges that “AWS

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is threatening to suspend all services to Parler” effective Sunday, January 10th, at 11:59 PM

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PST, and seeks a TRO enjoining AWS from doing so. Mot. at 2. The motion was filed the

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following day, January 11, 2021 (today), and thus, presumably, those services were in fact
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suspended last night.
Parler has filed its motion pursuant to Fed. R. Civ. P. 65(b), which provides in relevant

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part:

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(1) Issuing Without Notice. The court may issue a temporary restraining order
without written or oral notice to the adverse party or its attorney only if:
(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

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(B) the movant’s attorney certifies in writing any efforts made to give notice and
the reasons why it should not be required.

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As noted above, Defendant AWS has apparently not been served either with the

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Complaint or the instant motion. Furthermore, Parler’s attorney has not “certifie[d] in writing

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any efforts made to give notice and the reasons why it should not be required.” The Western

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District of Washington Local Rules are exceedingly clear: “Motions for temporary restraining

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orders without notice to and an opportunity to be heard by the adverse party are disfavored and
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will rarely be granted.” LCR 65(b)(1). In the absence of the certification outlined in Fed. R. Civ.

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P. 65(b)(1)(B), Parler has the obligation to “serve all motion papers on the opposing party before

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

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motion.” Id.

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Therefore, the Court hereby orders Parler to “serve all motion papers,” including the
Complaint, on AWS by no later than 5:00 p.m. PST today, January 11, 2021. AWS shall

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respond to the Motion for TRO no later than 5:00 p.m. PST, January 12, 2021. Parler may file
any reply no later than 12:00 noon PST, January 13, 2021. The parties shall follow all rules for
briefing, including page limits, set out in the Local Rules.
Dated this 11th day of January, 2021.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge
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