Opinion
CIVIL NO. 05-1459CCC.
April 28, 2005
JURY TRIAL REQUESTED
Fed.R.Civ.P. 65(b) provides:
A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse part or that party's attorney can be heard in opposition, and (2) the applicant's attorney certifies 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.
The Motion for a Temporary Restraining Order (docket entry 2) states at page 2 the following:
2. Plaintiffs' counsel herein certify to the Court that the defendants have been delivered a copy of the Complaint with exhibits to Antonio Garcia Padilla, Esq., President University of Puerto Rico via facsimile 787 753-7355 and to Dr. Gladys Escalona de Motta, Chancellor, University of Puerto Rico, Rio Piedras Campus, via facsimile 787 763-3999.
There is no mention of efforts made to give notice to the remaining defendants, all members of the Board of Trustees of the University of Puerto Rico, and the reasons supporting a claim that notice should not be required in this case. Accordingly, plaintiffs are GRANTED until tomorrow, APRIL 29, 2005 at 3:00 P.M. to comply with the certification required by Rule 65(b) as to the members of the Board of Trustees listed as defendants.
SO ORDERED.