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Polk et al v. Huron County et al - Document No. 10

Polk et al v. Huron County et al - Document No. 10

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Published by Justia.com
ORDER denying Plaintiffs' Emergency Motions 2, 4, 8 For Stay Of Seizure Of Assets and transferring case to Eastern District of Michigan for improper venue; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) 1:2005cv00290 Michigan Western District Court
ORDER denying Plaintiffs' Emergency Motions 2, 4, 8 For Stay Of Seizure Of Assets and transferring case to Eastern District of Michigan for improper venue; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) 1:2005cv00290 Michigan Western District Court

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Published by: Justia.com on Apr 29, 2008
Copyright:Public Domain

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10/14/2013

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

__________________________
RONALD A. POLK, JO ELLEN
YOUNG, JEROME POLK
Plaintiffs,
v.
Case No. 1:05-CV-290
HURON COUNTY and
HON. GORDON J. QUIST
RUSSELL LUNDBERG,
Defendants.
_____________________________/
ORDER

The Court has before it Plaintiffs\u2019 Emergency Motions For Stay Regarding Seizure of Assets, pursuant to which Plaintiffs request that the Court issue an order staying a state court order regarding the cleanup of certain real property that Plaintiffs own and the seizure of assets from the property, located in Bad Axe, Huron County, Michigan. The Court construes Plaintiffs\u2019 motions as a motion for temporary retraining order pursuant to Fed. R. Civ. P. 65(b).

Before a court may issue a temporary restraining order without oral or written notice to the opposing party or the opposing party's attorney, "the applicant's attorney [must] certif[y] to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required." Fed. R. Civ. P. 65(b)(2). The Sixth Circuit has held that it is error for a district court to issue a temporary restraining order without such a certification. See Gen. Motors Corp. v. Buha, 623 F.2d 445, 457-58 (6th Cir. 1980).

Case 1:05-cv-00290-GJQ Document 10
Filed 04/20/2005 Page 1 of 2
Polk et al v. Huron County et al
Doc. 10
Dockets.Justia.com

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