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of plaintiff\u2019s substantive claim. Although plaintiff refers to a \u201cviolation of ERISA \u00a7 4301,\u201d
such section merely provides for a cause of action where one is \u201cadversely affected by the
act or omission of any party under [ERISA].\u201d See 29 U.S.C. \u00a7 1451(a)(1). For purposes of
the instant application, the Court has interpreted the complaint as a claim that defendant
has improperly charged plaintiff with having withdrawn from the subject plan.
ORDER DENYING PLAINTIFF\u2019S
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND FOR
ORDER TO SHOW CAUSE RE:
ISSUANCE OF PRELIMINARY
Before the Court is plaintiff\u2019s \u201cApplication for Temporary Restraining Order and Order to Show Cause Re Issuance of Preliminary Injunction,\u201d filed September 5, 2007. Having reviewed the papers submitted in support of the application, the Court hereby DENIES the application for the following reasons:
1. Plaintiff has not submitted proof that plaintiff has provided defendant with notice
of the instant application, nor has plaintiff set forth any reason why defendant should not be
entitled to notice. See Fed. R. Civ. P. 55(b).
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