Sample Ex Parte Application For TRO and Preliminary Injunction in United States District Court
Sample Ex Parte Application For TRO and Preliminary Injunction in United States District Court
Sample Ex Parte Application For TRO and Preliminary Injunction in United States District Court
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9 agents, attorneys, and representatives, and all persons acting in concert or participating with them
10 from STATE HERE THE SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE
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PREVENTED FROM DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO
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INFRINGE ON A TRADEMARK, ETC.
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Plaintiffs request a hearing date of today, __________ or as soon as possible thereafter.
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16 1. As set forth in Plaintiffs’ Complaint, Motion for Temporary Restraining Order, and
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supporting documents filed herewith, Plaintiffs have already suffered and certainly will suffer
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substantial irreparable harm as a result of Defendants actions in that STATE HERE THE ACTIONS
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OF DEFENDANTS THAT HAVE CAUSED YOU TO SUFFER SUBSTANTIAL
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21 IRREPARABLE HARM.
27 3. Plaintiffs have taken the following steps to present and set a hearing for their Motion
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1 a. Plaintiffs first learned of Defendants’ actions on _____________ and contacted their
2 counsel who then contacted whom it believed to be Defendants’ counsel on the same day by
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telephone and also sent a cease and desist letter and e-mail detailing the damages suffered by
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Plaintiffs as a result of Defendants actions and demanding that Defendants cease and desist.
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Plaintiffs’ counsel advised Defendants’ counsel that Plaintiffs would seek immediate injunctive relief
8 not agree to cease and desist, and also requested that if they were not counsel for Defendants to
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please advise them.
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b. The next day, on __________, Plaintiffs’ counsel again reached out to whom it
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believed to be Defendants’ counsel by telephone and also sent another cease and desist e-mail
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13 detailing the infringement and demanding that Defendants cease and desist. Counsel again advised
14 Defendants’ counsel that Plaintiffs would seek immediate injunctive relief in the form of a Temporary
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Restraining Order, on _________________, if Defendants did not agree to cease and desist, and also
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requested that if they were not counsel for Defendants to please advise.
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c. The next day, on _______________, Plaintiffs’ counsel reached out to whom it
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19 believed to be Defendants’ counsel by telephone and also sent copies of Plainiffs complaint and
20 motion papers seeking a Temporary Restraining Order and Permanent Injunction, and a hearing on
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_________________.
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d. As of the filing of this Motion on ____________, Defendants have been placed on
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notice (through counsel) that Plaintiffs are seeking a Temporary Restraining Order and Preliminary
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25 Injunction, and Plaintiff will immediately notify Defendants upon the Court’s setting of a hearing
26 date on Plaintiffs’ Motion for Temporary Restraining Order and Motion for Preliminary Injunction.
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Specifically, in addition to the above described communications, counsel for Defendants responded in
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1 writing to Plaintiffs’ cease and desist demand, and conferred on the telephone with Plaintiffs’ counsel
2 on ________________________________.
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4. Plaintiffs respectfully request a hearing on _____________, or as soon as possible
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thereafter, in order to prevent any further and future damage from Defendants’ unlawful actions.
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Thus, Plaintiffs respectfully request that this Court schedule a hearing on this Motion and
7 Plaintiffs’ Motion for Preliminary Injunction on ____________, or as soon as possible thereafter, and
8 enter a temporary restraining order against Defendants ordering that Defendants and their officers,
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managers, members, employees, attorneys, accountants, assigns, corporate parents, subsidiaries,
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agents, representatives, and other persons or entities acting on their behalf or under their control, or
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anyone else working with or on behalf of Defendants, are temporarily enjoined and restrained,
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13 directly or indirectly, and whether alone or in concert with others, from STATE HERE THE
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Dated: ________________ __________________________________________
19 ANY ATTORNEY OR PARTY
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