Opinion
01 Civ. 12742 (LAK).
January 8, 2002
ORDER
In the undersigned's absence, plaintiff submitted an order to show cause bringing on a preliminary injunction motion to Honorable Loretta A. Preska. Judge Preska signed the order, making the motion returnable before the undersigned on January 10, 2002. Plaintiff's counsel then contacted Judge Preska's chambers and informed her that they were unable to serve the defendants in time for such a hearing. Judge Preska then advised that a blank order to show cause be submitted to me and declined to file the original order. Plaintiff now has submitted the blank order to show cause.
Local Civ.R. 6.1(d) provides that "[n]o ex parte order, or order to show cause to bring on a motion, will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is necessary . . ." No such showing has been made here. The moving affidavit is dated July 12, 2001, almost six months ago. Plaintiff claims that it needs a significant period in which to effect service on the defendants. Accordingly, it can bring on its motion by serving and filing a notice of motion. Under the local rules, the answering papers of each defendant will be due approximately two weeks after each is served. See id. 6.1(b).
Indeed, it appears that the signature page of the moving affidavit originally was attached to an affidavit submitted in a previous action in the Eastern District of New York and that counsel later substituted a new initial page bearing the caption of this action after the Eastern District action was discontinued.
The Court therefore declines to sign the proposed order to show cause.
SO ORDERED.