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Oppenheimer & Co. v. Mitchell

United States District Court, Western District of Washington
Jan 19, 2023
2:23-cv-00067-TL (W.D. Wash. Jan. 19, 2023)

Opinion

2:23-cv-00067-TL

01-19-2023

OPPENHEIMER & CO. INC, Plaintiff(s), v. STEVEN MITCHELL et al, Defendant(s).


ORDER

Tana Lin United States District Judge

This matter is before the Court on Plaintiff Oppenheimer & Co. Inc.'s motion for preliminary injunction (the “Motion”). Dkt. No. 3. Having considered the relevant record, the Court STRIKES the Motion.

Plaintiff initiated this case on January 12, 2023 (Dkt. No. 1) and simultaneously filed a motion for preliminary injunction (the “Motion”) (Dkt. No. 3). Summons was issued the next day. Dkt. No. 6. The Motion did not contain any certificate or other proof of service on Defendants. Dkt. No. 3. Defendants have not yet appeared in the action.

Federal Rule of Civil Procedure 5(a)(1)(D) requires that, except in certain situations not applicable here, a written motion be served on all parties. The Court also may not issue a preliminary injunction without notice to the adverse party. Fed.R.Civ.P. 65(a)(1). There is no indication that Defendants have or will have timely notice of the Motion, whether through service or otherwise.

Accordingly, the Motion (Dkt. No. 3) is STRICKEN. Plaintiff may renew its motion at an appropriate time and with the requisite notice to Defendants.


Summaries of

Oppenheimer & Co. v. Mitchell

United States District Court, Western District of Washington
Jan 19, 2023
2:23-cv-00067-TL (W.D. Wash. Jan. 19, 2023)
Case details for

Oppenheimer & Co. v. Mitchell

Case Details

Full title:OPPENHEIMER & CO. INC, Plaintiff(s), v. STEVEN MITCHELL et al…

Court:United States District Court, Western District of Washington

Date published: Jan 19, 2023

Citations

2:23-cv-00067-TL (W.D. Wash. Jan. 19, 2023)