Novak, Kristine v. JP Morgan Chase

Filing 3

Initial Order for Paid Pro Se: Plaintiff directed to serve complaint. Proof of service due 5/15/2012. Plaintiff's 2 Motion for Injunctive Relief is denied. Signed by Magistrate Judge Stephen L. Crocker on 3/15/2012. (Attachments: # 1 Procedure for motions for injunctive relief, # 2 Procedure for serving a complaint on a corporation, # 3 Wis. Stat. 801.11, # 4 Notice of lawsuit, # 5 Waiver of summons) (jef),(ps) (Attachment 1 replaced on 3/19/2012) (jef).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
PROCEDURE TO BE FOLLOWED ON MOTIONS FOR INJUNCTIVE RELIEF
NOTE WELL: It is the duty of the parties to present to the court, in the
manner required by this procedure, all facts and law necessary to the
just, speedy and inexpensive determination of this matter. The court is
not obliged to search the record for facts or to research the law when
deciding a motion for injunctive relief.
I. NOTICE

A.

It is the movant’s obligation to provide actual and immediate notice to the opposing party
of the filing of the motion and of the date set for a hearing, if any.

B.

The movant must serve the opposing party promptly with copies of all materials filed.

C.

Failure to comply with provisions A and B may result in denial of the motion for this
reasons alone.

II. MOVANT’S OBLIGATIONS

A.

It is the movant’s obligation to establish the factual basis for a grant of relief.
1.

In establishing the factual basis necessary for a grant of the motion, the movant must file and
serve:
(a)
(b)

A statement of record facts proposed by the movant; or

(c)

A statement of those facts movant intends to prove at an
evidentiary hearing; or

(d)
2.

A stipulation of those facts to which the parties agree; or

Any combination of (a), (b) and (c).

Whether the movant elects a stipulation or a statement of proposed facts, it is the movant’s
obligation to present a precisely tailored set of factual propositions that movant considers
necessary to a decision in the movant’s favor.1
(a)
The movant must set forth each factual proposition in its
own separately numbered paragraph.
(b)

1

In each numbered paragraph the movant shall set cite with
precision to the source of that proposition, such as

These factual propositions must include all basic facts necessary to a decision on the motion, including
the basis for this court’s jurisdiction, the identity of the parties and the background of the parties’ dispute. The
movant should not include facts unnecessary to deciding the motion for injunctive relief.

pleadings,2 affidavits,3 exhibits, deposition transcripts, or
a detailed proffer of testimony that will be presented at an
evidentiary hearing.
B.

The movant must file and serve all materials specified in II. A with the movant’s supporting
brief.

D.

If, the court concludes that the movant’s submissions do not comply substantially with these
procedures, then the court, at its sole discretion, may deny summarily the motion for
injunctive relief, cancel any hearing on the motion, or postpone the hearing.

III. RESPONDENT’S OBLIGATIONS

A.

When a motion and supporting materials and brief have been filed and served in compliance
with Section II, above, the opposing respondent(s) shall file and serve the following:
1.

Any affidavits or other documentary evidence that the respondent chooses
to file and serve in opposition to the motion.

2.

A response to the movant’s statement of proposed findings of fact, with the
respondent’s paragraph numbers corresponding to the movant’s paragraph
numbers.
(a)

With respect to each numbered paragraph of the movant’s
proposed findings of fact, each respondent shall state
clearly whether the proposed finding is not disputed,
disputed, or disputed in part. If disputed in part, then the
response shall identify precisely which part is disputed.

(b)

For each paragraph disputed in whole or in part, the
response shall cite with precision to the evidentiary matter
in the record or to the testimony to be presented at the
hearing that respondent contends will refute this factual
proposition.

B.

The response, in the form required by III A., above, shall be filed and served together with
a brief in opposition to the motion for injunctive relief no later than the date set by the court
in a separately issued briefing schedule.

C.

There shall be no reply by the movant.

2

The pleadings, however, are not evidence. Therefore, the movant may use the pleadings as a source of
facts only if all parties to the hearing stipulate to these facts on the record.
3

Affidavits must be made on personal knowledge setting forth facts that would be admissible in evidence,
including any facts necessary to establish admissibility.

2

IV. HEARING

If the court determines that a hearing is necessary to take evidence and hear arguments it shall notify the
parties promptly. It is each party’s responsibility to ensure the attendance of its witnesses at any hearing.

3