Ross
Ross v. Arenestos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
THERESA M. ROSS, Case No. 21-cv-05293-PJH Plaintiff,
v. ORDER DENYING APPLICATION FOR
TEMPORARY RESTRAINING ORDER
JHON ARENESTOS, Re: Dkt. No. 11 Defendant.
Before the court is plaintiff Theresa M. Ross’ request for a temporary restraining order, entered on August 27, 2021. Having read plaintiff’s papers and carefully considered her arguments and the relevant legal authority, and good cause appearing, the court hereby DENIES plaintiff’s request for the following reasons. Federal Rule of Civil Procedure 65 sets forth the procedure for issuance of a preliminary injunction or temporary restraining order (“TRO”). Prior to granting a preliminary injunction, notice to the adverse party is required. See Fed. R. Civ. P. 65(a)(1). Therefore, a motion for preliminary injunction cannot be decided until the parties to the action are served. See Zepeda v. INS, 753 F.2d 719, 727 (9th Cir. 1983). A TRO may be granted without written or…