Schumacker, et al v State of Washington, et al

Filing 6

ORDER denying 2 Motion for TRO by Judge Benjamin H. Settle.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TIFFANY SCHUMACKER and
8 BRANDON SCHUMACKER ,
Petitioners,

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10 v.

11 STATE OF WASHINGTON, et al.,

CASE NO. C14-5966 BHS
ORDER DENYING MOTION
FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION

Respondents.

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This matter comes before the Court on Petitioners Tiffany and Brandon
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Schumacker’s (“Schumackers”) motion for a temporary restraining order and preliminary
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injunction (Dkt. 2). The Court has considered the pleadings filed in support of the
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motion and the remainder of the file and hereby denies the motion for the reasons stated
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herein.
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Federal Rule of Civil Procedure 65(b) governs temporary restraining orders.
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Under Rule 65(b), the Court is only authorized to grant an ex parte motion if the movant
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(1) alleges specific facts showing that immediate harm will be suffered if relief is not
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ORDER - 1

1 granted before the adverse party may be heard, and (2) states his efforts to give notice
2 and reasons why notice should not be required. Fed. R. Civ. P. 65(b)(1).
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Here, the Schumackers have failed to show that they attempted to give any notice

4 to Defendants. The Schumackers have also failed to show why notice should not be
5 required in this case. Moreover, the Schumakers have not sufficiently established this
6 Court’s authority to overturn or interfere with the Tennessee state court order alleged to
7 have been entered at this time. The Court therefore denies the Schumackers’ motion for a
8 temporary restraining order.
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The Schumackers’ motion also contains a request for a preliminary injunction.

10 Dkt. 2. The Court concludes that once the Schumackers have filed proof of proper
11 service of process on Defendants, they may renew their request for a preliminary
12 injunction hearing in a motion seeking such relief.
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Therefore, it is hereby ORDERED that the Schumackers’ motion for a temporary

14 restraining order and preliminary injunction (Dkt. 2) is DENIED.
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Dated this 10th day of December, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2