11/30/2010 Federal Rules of Civil Procedure - Rule…

Search Law School Search Cornell

LII / Legal Information Institute

hom e se arch find a lawye r donate

Federal Rules of Civil Procedure

m ain pa ge se arch | civil proce dure ove rvie w

VIII. PROVISIONA L A ND FINA L REMEDIES > Rule 65. Prev | Next

Rule 65. Injunctions and Restraining Orders

Donations cover only

(a) Preliminary Injunction. Notes
20% of our costs. (1) Notice.
Law About ... Civil
The court may issue a preliminary injunction only on notice to the adverse Procedure

Eurail Global party.

Passes Attorneys: reach
Buy directly from (2) Consolidating the Hearing with the Trial on the Merits.
interested clients by
Eurail website.
Special Student Before or after beginning the hearing on a motion for a preliminary injunction, sponsoring an LII page
Discounts! the court may advance the trial on the merits and consolidate it with the
www.eurail.com/Glob…
hearing. Even when consolidation is not ordered, evidence that is received
on the motion and that would be admissible at trial becomes part of the trial
record and need not be repeated at trial. But the court must preserve any
party's right to a jury trial.

(b) Temporary Restraining Order.

(1) Issuing Without Notice.

The court may issue a temporary restraining order without written or oral
notice to the adverse party or its attorney only if:

(A) specific facts in an affidavit or a verified complaint clearly show that

immediate and irreparable injury, loss, or damage will result to the movant
before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts made to give
notice and the reasons why it should not be required.

(2) Contents; Expiration.

Every temporary restraining order issued without notice must state the date
and hour it was issued; describe the injury and state why it is irreparable;
state why the order was issued without notice; and be promptly filed in the
clerk's office and entered in the record. The order expires at the time after
entry — not to exceed 14 days — that the court sets, unless before that
time the court, for good cause, extends it for a like period or the adverse
party consents to a longer extension. The reasons for an extension must be
entered in the record.

(3) Expediting the Preliminary-Injunction Hearing.

If the order is issued without notice, the motion for a preliminary injunction
must be set for hearing at the earliest possible time, taking precedence over
all other matters except hearings on older matters of the same character. At
the hearing, the party who obtained the order must proceed with the
motion; if the party does not, the court must dissolve the order.

(4) Motion to Dissolve.

On 2 days' notice to the party who obtained the order without notice — or
on shorter notice set by the court — the adverse party may appear and
move to dissolve or modify the order. The court must then hear and decide
the motion as promptly as justice requires.

www.law.cornell.edu/…/Rule65.htm 1/2
11/30/2010 Federal Rules of Civil Procedure - Rule…
(c) Security.
The court may issue a preliminary injunction or a temporary restraining order
only if the movant gives security in an amount that the court considers proper
to pay the costs and damages sustained by any party found to have been
wrongfully enjoined or restrained. The United States, its officers, and its
agencies are not required to give security.

(d) Contents and Scope of Every Injunction and Restraining

Order.
(1) Contents.

Every order granting an injunction and every restraining order must:

(A) state the reasons why it issued;

(B) state its terms specifically; and

(C) describe in reasonable detail — and not by referring to the complaint or

other document — the act or acts restrained or required.

(2) Persons Bound.

The order binds only the following who receive actual notice of it by
personal service or otherwise:

(A) the parties;

(B) the parties' officers, agents, servants, employees, and attorneys; and

(C) other persons who are in active concert or participation with anyone
described in Rule 65(d)(2)(A) or (B).

(e) Other Laws Not Modified.

(1) any federal statute relating to temporary restraining orders or preliminary
injunctions in actions affecting employer and employee;

(2) 28 U.S.C. § 2361, which relates to preliminary injunctions in actions of

interpleader or in the nature of interpleader; or

(3) 28 U.S.C. § 2284, which relates to actions that must be heard and
decided by a three-judge district court.

(f) Copyright Impoundment.

This rule applies to copyright-impoundment proceedings.

Prev | Next

about us help terms of use friend us follow us contact us

www.law.cornell.edu/…/Rule65.htm 2/2
11/29/2010 CM/ECF - U.S. District Court:nhd
MAG

U.S. District Court

District of New Hampshire (Concord)
CIVIL DOCKET FOR CASE #: 1:10-cv-00321-JL

USA, Ex Rel et al v. USA et al Date Filed: 07/29/2010

Assigned to: Judge Joseph N. Laplante
Referred to: Magistrate Judge Landya B. McCafferty
Case in other court: USDC-FL, Middle (Ft. Myers), 2:07-00228-
JES-SPC
Cause: 18:1964 Racketeering (RICO) Act
Jury Demand: Plaintiff
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant

Plaintiff
USA, Ex Rel

Plaintiff
Jorg Busse represented by Jorg Busse
10 Benning St, #135
West Lebanon, NH 03784-3402
PRO SE

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
10 Benning St, #135
West Lebanon, NH 03784-3402
561 400-3295
PRO SE

V.
Defendant
USA

Defendant
US Courts

Defendant
US Custom & Immigration Service

Defendant
Tony West

Defendant
ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 1/5
11/29/2010 CM/ECF - U.S. District Court:nhd

Beverly B. Martin

Defendant
John Edwin Steele

Defendant
Ryan Barry

Defendant
Charlene Edwards Honeywell

Defendant
Sheri Polster Chappell

Defendant
Kenneth M. Wilkinson

Defendant
Richard A. Lazzara

Defendant
Jack N. Peterson

Defendant
Drew Heathcoat

Defendant
Bettye G. Samuel

Defendant
Stanley F. Birch, Jr.

Defendant
Gerald B. Tjoflat

Defendant
Susan H. Black

Defendant
Joel F. Dubina

Defendant
Sherri L. Johnson

Defendant
ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 2/5
11/29/2010 CM/ECF - U.S. District Court:nhd

Eugene C. Turner

Defendant
Lee County, Florida, Board of
Commissioners

Defendant
Ed Carnes

Defendant
John E. Manning

Defendant
Hugh D. Hayes

Defendant
John Ley

Defendant
Richard Jessup

Defendant
Diane Nipper

Defendant
Lynn Gerald, Jr.

Defendant
Kenneth L. Ryskamp

Defendant
Charlie Crist

Defendant
Charles Barry Stevens

Defendant
Johnson Engineering, Inc.

Defendant
Mark Allan Pizzo

Defendant
Anne Conway

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 3/5
11/29/2010 CM/ECF - U.S. District Court:nhd
Defendant
Charlie Green

Defendant
Reagan Kathleen Russell

Defendant
Richard D. Deboest, II

Defendant
Chene M. Thompson

Defendant
Lee County, Florida, Commission

Date Filed # Docket Text

07/29/2010 1 COMPLAINT against all Defendants with Jury Demand ( Filing fee $ 350 receipt number
14649003479) filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1
Complaint (pages 31-60), # 2 Complaint (pages 61-90), # 3 Complaint (pages 91-120), #
4 Complaint (pages 121-150), # 5 Complaint (pages 151-180), # 6 Complaint (pages
181-190), # 7 List of Exhibits in Support of Complaint, # 8 Exhibits A - J, # 9 Exhibits K
- S, # 10 Exhibits T - X, # 11 Exhibits Y - Z, # 12 Exhibits AA - KK, # 13 Exhibits LL -
PP, # 14 Exhibit QQ, # 15 Exhibits RR - TT, # 16 Exhibits UU - VV, # 17 Exhibits WW
- ZZ, # 18 Civil Cover Sheet)(jeb) (Entered: 08/02/2010)
08/02/2010 Case assigned to Judge Joseph N. Laplante. The case designation is: 1:10-cv-321-JL.
Please show this number with the judge designation on all future pleadings. (jeb) (Entered:
08/02/2010)
08/02/2010 NOTICE. This case has been designated for Electronic Case Filing. All further submissions
shall be filed in compliance with the Administrative Procedures for Electronic Case Filing.
Pro se litigants are not required to file electronically and may continue to file documents in
paper format. Persons filing electronically are strongly encouraged to complete the
interactive training modules available on the courts website. To access these modules, click
HERE. (jeb) (Entered: 08/02/2010)
08/02/2010 2 Summons(es) Issued by Mail as to Ryan Barry, Stanley F. Birch, Jr, Susan H. Black, Ed
Carnes, Sheri Polster Chappell, Joel F. Dubina, Drew Heathcoat, Charlene Edwards
Honeywell, Sherri L. Johnson, Lee County, Florida, Board of Commissioners, Lee
County, Florida, Commission, John E. Manning, Beverly B. Martin, Jack N. Peterson,
Bettye G. Samuel, John Edwin Steele, Charles Barry Stevens, Gerald B. Tjoflat, Eugene
C. Turner, USA, Kenneth M. Wilkinson. (Attachments: # 1 ECF-Notice of ECF
Designation (#91))(jeb) (Entered: 08/02/2010)
08/03/2010 3 Summons(es) Issued by Mail as to Anne Conway, Charlie Crist, Richard D. Deboest, II,

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 4/5
11/29/2010 CM/ECF - U.S. District Court:nhd
Lynn Gerald, Jr, Charlie Green, Hugh D. Hayes, Richard Jessup, Johnson Engineering,
Inc., Richard A. Lazzara, Diane Nipper, Mark Allan Pizzo, Kenneth L. Ryskamp, Chene
M. Thompson, Tony West. (Attachments: # 1 ECF-Notice of ECF Designation (#91))
(jeb) (Entered: 08/03/2010)
08/04/2010 4 Summons(es) Issued by Mail as to John Ley, Reagan Kathleen Russell, US Courts, US
Custom & Immigration Service. (Attachments: # 1 ECF-Notice of ECF Designation
(#91))(jeb) (Entered: 08/04/2010)
11/18/2010 5 MOTION to Extend Time to to Serve the Defendants after said FBI raid; compel FBI to
return plaintiffs' seized computers, equipment, camera, records, and summons; order
restraining Defendant Officials and Tampa FBI from any further intimidation and
obstruction of justice filed by Jorg Busse. (dae) (Entered: 11/18/2010)
11/19/2010 ENDORSED ORDER granting in part and denying in part 5 Motion to Extend
Time. Text of Order: The motion is granted in part, to the extent that plaintiffs
shall have until December 29, 2010, to effect service on defendants. The motion is
denied in all other respects. Plaintiffs have failed to comply with Fed. R. Civ. P.
65, and this court is not the proper venue for plaintiffs to challenge the execution
of a warrant relating to a pending federal criminal investigation or proceeding,
issued by a judicial officer in the Middle District of Florida. So Ordered by
Magistrate Judge Landya B. McCafferty. (dae) (Entered: 11/23/2010)

PACER Service Center

Transaction Receipt
11/29/2010 09:11:56
PACER Login: we0083 Client Code:
Description: Docket Report Search Criteria: 1:10-cv-00321-JL
Billable Pages: 3 Cost: 0.24

ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl… 5/5