UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

R. L. ROSS, 

 Plaintiff, Case No. 14-cv-14122 

v Honorable Thomas L. Ludington 

DONALD BACHAND, et al., 

 Defendants. 

__________________________________________/ 

ORDER STRIKING EX-PARTE MOTION AND MEMORANDUM 

 On January 22, 2015, Plaintiff Rhonda L. Ross filed an ex-parte motion and 

memorandum of law. The motion will be stricken for failure to comply with the Local Rules. 

First, Eastern District of Michigan Local Rules 7.1(b) and (c) require that all motions 

comply with Local Rule 5.1, which governs papers presented for filing. Local Rule 5.1(a)(3) 

explicitly requires that all papers must use size 14-point font. Plaintiff’s motion does not comply 

with this rule because it contains a font size that is significantly smaller than the required 14-

point font. 

Second, Plaintiff has not complied with Local Rule 5.1, which governs the procedures for 

filing exhibits to motions. The Local Rules provide that: 

(2) The filing use must prepare an index of exhibits and file the index as the 

first attachment to the paper. Each exhibit must be described on the index 

both by an exhibit identifier and by a brief narrative description. . . . 

(3) Each exhibit must then be filed and identified as a separate attachment to 

the paper, and must be labeled in the electronic record with an exhibit 

identifier and brief narrative description. 

 

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Electronic Filing Policies and Procedures R16. Here, Plaintiff did not comply with the Local 

Rules. Instead, she filed her motion and exhibits as a single file, without any descriptions and 

without an index. 

Third, Local Rule 65.1 provides that a party may file an ex parte motion for a temporary 

injunction “if Fed. R. Civ. P. 65(b)(1) permits an ex parte order.” Federal Rule of 65(b)(1) 

requires two elements to be met before a party may file an ex parte motion for a temporary 

restraining order: 

The court may issue a temporary restraining order without written or oral notice 

to the adverse party or its attorney only if: 

(A) specific facts in an affidavit or a verified complaint clearly show 

that immediate and irreparable injury, loss, or damage will result to 

the movant before the adverse party can be heard in opposition; 

and 

(B) the movant’s attorney certifies in writing any efforts to give notice 

and the reasons why it should not be required. 

(emphasis added). Here, Plaintiff does not provide any reason that would justify an ex parte 

temporary restraining order. Defendants have already been served, and counsel have already 

made appearances on behalf of defendants. Plaintiff has made no representations that she 

attempted to give notice to Defendants, nor has she explained why she did not. Accordingly, she 

has not complied with the requirements of Federal Rule of Civil Procedure 65, and by extension, 

Eastern District of Michigan Local Rule 65.1. 

 Accordingly, it is ORDERED that Plaintiff Ross’s Ex Parte Motion (ECF No. 19) is 

STRICKEN. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: January 23, 2015 

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PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on January 23, 2015. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

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