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Order On TRO - Lincoln Case - Silverstein - CIVIL RICO - CA FEDERAL

A federal district court judge denied an ex parte application from plaintiff Charles Edward Lincoln III seeking a temporary restraining order against defendants Steven D. Silverstein et al. without notice to the defendants. The judge ruled that the plaintiff failed to demonstrate that immediate and irreparable injury would result from providing notice and an opportunity for the defendants to be heard. Additionally, the plaintiff did not comply with local rules requiring the filing of a proposed TRO and order to show cause for a preliminary injunction.

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212 views2 pages

Order On TRO - Lincoln Case - Silverstein - CIVIL RICO - CA FEDERAL

A federal district court judge denied an ex parte application from plaintiff Charles Edward Lincoln III seeking a temporary restraining order against defendants Steven D. Silverstein et al. without notice to the defendants. The judge ruled that the plaintiff failed to demonstrate that immediate and irreparable injury would result from providing notice and an opportunity for the defendants to be heard. Additionally, the plaintiff did not comply with local rules requiring the filing of a proposed TRO and order to show cause for a preliminary injunction.

Uploaded by

83jjmack
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Case 8:09-cv-01072-DOC-E Document 5 Filed 09/17/09 Page 1 of 2 Page ID #:59

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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
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11 CHARLES EDWARD LINCOLN III ) CASE NO. SACV 09-1072 DOC (Ex)
)
12 )
PLAINTIFF(S), )
13 ) ORDER DENYING EX PARTE
V. ) APPLICATION FOR TEMPORARY
14 ) RESTRAINING ORDER
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15 STEVEN D. SILVERSTEIN, ET AL. )
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Defendant(s). )
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_________________________________ )
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19 On September 16, 2009, this Court received Plaintiff Charles Edward Lincoln III’s Ex Parte
20 Application for a Temporary Restraining Order in conjunction with a Memorandum of Points and
21 Authorities in Support Thereof.
22 Plaintiff’s request for a TRO without notice to Defendants is hereby DENIED. Plaintiff has
23 not met its burden of showing that immediate and irreparable injury will result to it if notice and an
24 opportunity to be heard is given to the Defendants. The issuance of a temporary restraining order
25 without notice is a very drastic remedy, and the Court will not issue a temporary restraining order
26 without notice unless it is absolutely convinced that a plaintiff will suffer irreparable injury and dire
27 consequences are certain to occur. Plaintiff’s moving papers fall far short of convincing the Court
28 of such injury and consequences.
Case 8:09-cv-01072-DOC-E Document 5 Filed 09/17/09 Page 2 of 2 Page ID #:60

1 The Court also notes that Plaintiff failed to comply with Local Rule 65-1, which requires all
2 parties seeking temporary restraining orders to file a proposed TRO and a proposed order to show
3 cause why a preliminary injunction should not issue.
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5 IT IS SO ORDERED
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7 DATED: September 17, 2009 _______________________________
DAVID O. CARTER
8 United States District Judge
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