UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROY BROWN,

Plaintiff, Case No. 09-12359

Honorable George Caram Steeh

v. 

COUNTRYWIDE HOME LOANS, FIFTH 

THIRD MORTGAGE, MICHIGAN LLC, 

and MORTGAGE ELECTRONIC 

REGISTRATION SYSTEMS, INC.,

Defendants.

____________________________________/

ORDER DENYING EMERGENCY MOTION

The plaintiff, Roy Brown, proceeding pro se, commenced this action on June 18, 2009 at

3:01 p.m. and immediately thereafter presented to the Court an emergency motion to stay order of

eviction. The case was assigned to Judge Steeh pursuant to the random case assignment process laid

out in Eastern District of Michigan Local Rule 83.11(a). Because Judge Steeh was unavailable on

the day of the filing, the matter was referred to the undersigned to act in his place. E.D. Mich. LR

77.2.

In his emergency motion, the plaintiff contends that an order of eviction has been entered

against his property on May 29, 2009, and asserts that “irreparable harm will be done” to the

plaintiff unless injunctive relief is provided. Mot. at ¶ 4. The Court construes the motion as a

motion for a temporary restraining order.

Federal Rule of Civil Procedure 65(b), which governs requests for temporary restraining

orders, states in part:

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

the adverse party or its attorney only if:

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(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 made to give notice and the

reasons why it should not be required.

Fed. R. Civ. P. 65(b)(1). “Reasonable notice” consists of information received within a reasonable

time to permit an opportunity to be heard. Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S.

423, 439 (1974) (noting that ex parte “temporary restraining orders reflect the fact that our entire

jurisprudence runs counter to the notion of court action taken before reasonable notice and an

opportunity to be heard”).

The plaintiff in this case has failed to meet either requirement set forth in Rule 65(b). A

temporary restraining order is an extraordinary remedy that generally is reserved for emergent

situations in which a party may suffer irreparable harm during the time required to give notice to the

opposite party or where notice itself may precipitate the harm. See Hambell v. Alphagraphics

Franchising Inc., 779 F. Supp. 910, 912-13 (E.D. Mich. 1991). The plaintiff has not provided notice

to the opposing parties, nor certified in writing “why [notice] should not be required.” Fed. R. Civ.

P. 65(b)(1)(B). 

Moreover, neither the motion nor the complaint contain “specific facts . . . clearly show[ing]

that immediate and irreparable injury, loss, or damage will result to the movant before the adverse

party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A). Instead, the complaint announces

in a conclusory fashion that “irreparable harm” will result. Mot. at ¶ 4. This fails to satisfy the

requirements of the Federal Rules. 

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On the present record, the Court finds that the drastic remedy of granting a temporary

restraining order without notice is not justified. The Court will therefore deny the request for a

temporary restraining order, and refer the matter to Judge Steeh for further proceedings.

Accordingly, it is ORDERED that the emergency motion to stay order of eviction, construed

as a motion for a temporary restraining order, is DENIED.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: June 19, 2009

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 June 19, 2009.

s/Diane Opalewski 

DIANE OPALEWSKI

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