Opinion
No. C 11-5498 RS
11-14-2011
TIMOTHY SCOTT CAMPBELL, et al, Plaintiffs, v. CITY OF OAKLAND, et al, Defendants.
ORDER RE EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING
ORDER
On November 14, 2011, the Court received an ex parterequest from plaintiffs for temporary injunctive relief from the alleged indiscriminate and excessive use of force by defendants, including the Oakland Police Department. To the extent plaintiffs rely on Federal Rule of Civil Procedure 65(b)(1) in support of their request, their complaint does not establish a basis to proceed without notice to the defendants. If they have not already done so, plaintiffs are instructed that they must serve defendants with notice of the request, unless "a statute, Federal Rule, local rule or Standing Order authorizes the filing of an ex partemotion in the circumstances and the party has complied with the applicable provisions allowing the party to approach the Court on an ex partebasis." Civil Local Rule 7-10. Specifically, plaintiffs must serve defendants with a copy of the application for temporary injunctive relief and all supporting papers, seeCivil Local Rule 65-1, as well as a copy of this Order, by November 14, 2011, at 5 p.m. Defendants are instructed to file a written response to defendants' request by November 15, 2011, at 5 p.m. At that point, the Court will consider plaintiff's request. In the interim, plaintiff's request for temporary relief is denied.
IT IS SO ORDERED.
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE