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Sample ex parte application for TRO and preliminary injunction in United States District Court

LegalDocsPro
LegalDocsPro
LegalDocsProLegal entrepreneur and retired litigation paralegal

This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

Sample ex parte application for TRO and preliminary injunction in United States District Court

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
UNITED STATES DISTRICT COURT
___________ DISTRICT OF __________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF EX-PARTE APPLICATION AND EX-
PARTE APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER TO SHOW
PENDING PRELIMINARY INJUNCTION
PENDING TRIAL; MEMORANDUM OF POINTS
AND AUTHORITIES, DECLARATION OF
__________, EXHIBITS
DATE:
TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address.
To view sample document packages sold by LegalDocsPro visit:
http://www.legaldocspro.net
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Be sure to remove these notices before using this document.
TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled
Court located at ___________________________, will and does move the Court by ex-parte
application for a Temporary Restraining Order and a request for an order to show cause why a
preliminary injunction should not issue prohibiting Defendant ______________________ 1 their
agents, attorneys, and representatives, and all persons acting in concert or participating with them
from STATE HERE THE SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE
PREVENTED FROM DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO
INFRINGE ON A TRADEMARK, ETC.
Plaintiffs request a hearing date of today, __________ or as soon as possible thereafter.
In support of this Motion, Plaintiffs state:
1. As set forth in Plaintiffs’ Complaint, Motion for Temporary Restraining Order, and
supporting documents filed herewith, Plaintiffs have already suffered and certainly will suffer
substantial irreparable harm as a result of Defendants actions in that STATE HERE THE
ACTIONS OF DEFENDANTS THAT HAVE CAUSED YOU TO SUFFER SUBSTANTIAL
IRREPARABLE HARM.
2. Allowing Defendants to continue their _____________________________________,
and other unlawful activities will cause immediate and irreparable harm to Plaintiffs in that STATE
HERE IN DETAIL THE IMMEDIATE AND IRREPARABLE HARM THAT YOU WILL
SUFFER IF THE TEMPORARY RESTRAINING ORDER IS NOT GRANTED.
3. Plaintiffs have taken the following steps to present and set a hearing for their Motion
for Temporary Restraining Order, and notify Defendants thereof:
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a. Plaintiffs first learned of Defendants’ actions on _____________ and contacted their
counsel who then contacted whom it believed to be Defendants’ counsel on the same day by
telephone and also sent a cease and desist letter and e-mail detailing the damages suffered by
Plaintiffs as a result of Defendants actions and demanding that Defendants cease and desist.
Plaintiffs’ counsel advised Defendants’ counsel that Plaintiffs would seek immediate injunctive relief
in the form of a Temporary Restraining Order, on ________________________, if Defendants did
not agree to cease and desist, and also requested that if they were not counsel for Defendants to
please advise them.
b. The next day, on __________, Plaintiffs’ counsel again reached out to whom it
believed to be Defendants’ counsel by telephone and also sent another cease and desist e-mail
detailing the infringement and demanding that Defendants cease and desist. Counsel again advised
Defendants’ counsel that Plaintiffs would seek immediate injunctive relief in the form of a
Temporary Restraining Order, on _________________, if Defendants did not agree to cease and
desist, and also requested that if they were not counsel for Defendants to please advise.
c. The next day, on _______________, Plaintiffs’ counsel reached out to whom it
believed to be Defendants’ counsel by telephone and also sent copies of Plainiffs complaint and
motion papers seeking a Temporary Restraining Order and Permanent Injunction, and a hearing on
_________________.
d. As of the filing of this Motion on ____________, Defendants have been placed on
notice (through counsel) that Plaintiffs are seeking a Temporary Restraining Order and Preliminary
Injunction, and Plaintiff will immediately notify Defendants upon the Court’s setting of a hearing
date on Plaintiffs’ Motion for Temporary Restraining Order and Motion for Preliminary Injunction.
Specifically, in addition to the above described communications, counsel for Defendants responded
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in writing to Plaintiffs’ cease and desist demand, and conferred on the telephone with Plaintiffs’
counsel on ________________________________.
4. Plaintiffs respectfully request a hearing on _____________, or as soon as possible
thereafter, in order to prevent any further and future damage from Defendants’ unlawful actions.
Thus, Plaintiffs respectfully request that this Court schedule a hearing on this Motion and
Plaintiffs’ Motion for Preliminary Injunction on ____________, or as soon as possible thereafter, and
enter a temporary restraining order against Defendants ordering that Defendants and their officers,
managers, members, employees, attorneys, accountants, assigns, corporate parents, subsidiaries,
agents, representatives, and other persons or entities acting on their behalf or under their control, or
anyone else working with or on behalf of Defendants, are temporarily enjoined and restrained,
directly or indirectly, and whether alone or in concert with others, from STATE HERE THE
SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE PREVENTED FROM
DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO INFRINGE ON A
TRADEMARK, ETC.
Dated: ________________ __________________________________________
ANY ATTORNEY OR PARTY
To purchase the entire 16 page document visit:
https://legaldocspro.myshopify.com/products/sample-ex-parte-
application-for-temporary-restraining-order-in-united-states-
district-court
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Sample ex parte application for TRO and preliminary injunction in United States District Court

  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ___________ DISTRICT OF __________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF EX-PARTE APPLICATION AND EX- PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW PENDING PRELIMINARY INJUNCTION PENDING TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view sample document packages sold by LegalDocsPro visit: http://www.legaldocspro.net - 1 -
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove these notices before using this document. TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled Court located at ___________________________, will and does move the Court by ex-parte application for a Temporary Restraining Order and a request for an order to show cause why a preliminary injunction should not issue prohibiting Defendant ______________________ 1 their agents, attorneys, and representatives, and all persons acting in concert or participating with them from STATE HERE THE SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE PREVENTED FROM DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO INFRINGE ON A TRADEMARK, ETC. Plaintiffs request a hearing date of today, __________ or as soon as possible thereafter. In support of this Motion, Plaintiffs state: 1. As set forth in Plaintiffs’ Complaint, Motion for Temporary Restraining Order, and supporting documents filed herewith, Plaintiffs have already suffered and certainly will suffer substantial irreparable harm as a result of Defendants actions in that STATE HERE THE ACTIONS OF DEFENDANTS THAT HAVE CAUSED YOU TO SUFFER SUBSTANTIAL IRREPARABLE HARM. 2. Allowing Defendants to continue their _____________________________________, and other unlawful activities will cause immediate and irreparable harm to Plaintiffs in that STATE HERE IN DETAIL THE IMMEDIATE AND IRREPARABLE HARM THAT YOU WILL SUFFER IF THE TEMPORARY RESTRAINING ORDER IS NOT GRANTED. 3. Plaintiffs have taken the following steps to present and set a hearing for their Motion for Temporary Restraining Order, and notify Defendants thereof: - 2 -
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Plaintiffs first learned of Defendants’ actions on _____________ and contacted their counsel who then contacted whom it believed to be Defendants’ counsel on the same day by telephone and also sent a cease and desist letter and e-mail detailing the damages suffered by Plaintiffs as a result of Defendants actions and demanding that Defendants cease and desist. Plaintiffs’ counsel advised Defendants’ counsel that Plaintiffs would seek immediate injunctive relief in the form of a Temporary Restraining Order, on ________________________, if Defendants did not agree to cease and desist, and also requested that if they were not counsel for Defendants to please advise them. b. The next day, on __________, Plaintiffs’ counsel again reached out to whom it believed to be Defendants’ counsel by telephone and also sent another cease and desist e-mail detailing the infringement and demanding that Defendants cease and desist. Counsel again advised Defendants’ counsel that Plaintiffs would seek immediate injunctive relief in the form of a Temporary Restraining Order, on _________________, if Defendants did not agree to cease and desist, and also requested that if they were not counsel for Defendants to please advise. c. The next day, on _______________, Plaintiffs’ counsel reached out to whom it believed to be Defendants’ counsel by telephone and also sent copies of Plainiffs complaint and motion papers seeking a Temporary Restraining Order and Permanent Injunction, and a hearing on _________________. d. As of the filing of this Motion on ____________, Defendants have been placed on notice (through counsel) that Plaintiffs are seeking a Temporary Restraining Order and Preliminary Injunction, and Plaintiff will immediately notify Defendants upon the Court’s setting of a hearing date on Plaintiffs’ Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Specifically, in addition to the above described communications, counsel for Defendants responded - 3 -
  • 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in writing to Plaintiffs’ cease and desist demand, and conferred on the telephone with Plaintiffs’ counsel on ________________________________. 4. Plaintiffs respectfully request a hearing on _____________, or as soon as possible thereafter, in order to prevent any further and future damage from Defendants’ unlawful actions. Thus, Plaintiffs respectfully request that this Court schedule a hearing on this Motion and Plaintiffs’ Motion for Preliminary Injunction on ____________, or as soon as possible thereafter, and enter a temporary restraining order against Defendants ordering that Defendants and their officers, managers, members, employees, attorneys, accountants, assigns, corporate parents, subsidiaries, agents, representatives, and other persons or entities acting on their behalf or under their control, or anyone else working with or on behalf of Defendants, are temporarily enjoined and restrained, directly or indirectly, and whether alone or in concert with others, from STATE HERE THE SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE PREVENTED FROM DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO INFRINGE ON A TRADEMARK, ETC. Dated: ________________ __________________________________________ ANY ATTORNEY OR PARTY To purchase the entire 16 page document visit: https://legaldocspro.myshopify.com/products/sample-ex-parte- application-for-temporary-restraining-order-in-united-states- district-court - 4 -