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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 UNITED STATES DISTRICT COURT

9 ___________ DISTRICT OF __________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR TEMPORARY
13 vs. ) RESTRAINING ORDER AND ORDER TO SHOW
) PENDING PRELIMINARY INJUNCTION
14 Any Defendant, and DOES 1-5 ) PENDING TRIAL; MEMORANDUM OF POINTS
) AND AUTHORITIES, DECLARATION OF
15 Defendants. ) __________, EXHIBITS
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19 )
)
20

21
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1 Be sure to remove these notices before using this document.
2

3 TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:

4 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled
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Court located at ___________________________, will and does move the Court by ex-parte
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application for a Temporary Restraining Order and a request for an order to show cause why a
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preliminary injunction should not issue prohibiting Defendant ______________________ their
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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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15 In support of this Motion, Plaintiffs state:

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.

22 2. Allowing Defendants to continue their _____________________________________,
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and other unlawful activities will cause immediate and irreparable harm to Plaintiffs in that STATE
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HERE IN DETAIL THE IMMEDIATE AND IRREPARABLE HARM THAT YOU WILL
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SUFFER IF THE TEMPORARY RESTRAINING ORDER IS NOT GRANTED.
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27 3. Plaintiffs have taken the following steps to present and set a hearing for their Motion

28 for Temporary Restraining Order, and notify Defendants thereof:

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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

7 in the form of a Temporary Restraining Order, on ________________________, if Defendants did

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

14 SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE PREVENTED FROM
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DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO INFRINGE ON A
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TRADEMARK, ETC.
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Dated: ________________ __________________________________________
19 ANY ATTORNEY OR PARTY

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