Harvey v. Means

Filing 11

ORDER denying Plaintiff's 6 Motion for Temporary Restraining Order without prejudice for failure to comply with Fed. R. Civ. P. 65(b)(1) and the Court's previous order. Dkt. No. 10 . Signed by Judge Jamal N Whitehead. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DALE HARVEY,

CASE NO. 2:23-cv-1712
Petitioner,

v.

ORDER DENYING MOTION FOR A
TEMPORARY RESTRAINING ORDER

GARANN ROSE MEANS,
Respondent.

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On November 8, 2023, Petitioner Dale Harvey filed a petition seeking the
return of his children to Scotland under the Civil Aspects of International Child
Abduction (“Hague Convention”) and the International Child Abduction Remedies
Act (“ICARA”). Dkt. No. 1. Before the Court is Harvey’s motion for a temporary
restraining order (TRO), requesting that the Court issue a TRO against Respondent
Garann Rose Means without notice. Dkt. No. 6.
Harvey alleges a TRO is necessary to prevent irreparable injury and to
preserve the status quo, but as the Court indicated in its previous order, Harvey
failed to satisfy the requirements for an ex parte TRO under Rule 65(b)(1). Dkt. No.
10. That is, Harvey has set forth insufficient facts showing that Means is an

ORDER DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER - 1

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immediate danger to their children, or an imminent risk to flee the jurisdiction, that

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would justify issuing a temporary restraining order without first giving Means a

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chance to be heard in opposition. The Court ordered Harvey to serve Means with a

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copy of his TRO motion papers by no later than 12:00 p.m. on Tuesday, November

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14, 2023, if he wished to pursue a temporary restraining order. Id. The Court’s

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deadline has now passed, and Harvey has not filed a certificate of service or

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otherwise informed the Court that he has notified Means about his TRO motion.

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Accordingly, the Court DENIES Harvey’s TRO motion without prejudice for

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failure to comply with Fed. R. Civ. P. 65(b)(1) and the Court’s previous order. Dkt.

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No. 10.

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Dated this 14th day of November, 2023.

A

Jamal N. Whitehead
United States District Judge

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ORDER DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER - 2