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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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A FEDERAL JUDGE ISSUED AND ORDER OF RELEASE FROM A RESTRAINING

Customer Question

A FEDERAL JUDGE ISSUED AND ORDER OF RELEASE FROM A RESTRAINING ORDER BECAUSE IT HAS EXPIRED ON MAY 26TH 2015. THE PLAINTIFFS THE FTC SENT A ORDER FOR HIM TO SIGN ASK FOR HIM TO REINSTATE THE ORIGINAL TRO. I READ RULE 65 OVER 15 TIMES AND NO SIGN THAT THAT CAN BE DONE. CAN A JUDGE REINSTATE A TRO AFTER THE EXPIRATION DATE AND IF SO PLEASE SEND CASE LAW. HE HAS NOT DONE SO YET
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well. I am a licensed attorney with over a decade of litigation experience. It is a pleasure to assist you today.
The party seeking the extension should have entered into the record their reason for the extension of the TRO. The language in Rule 65 relative to this issue is as follows:
(2) Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry–not to exceed 14 days–that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.
The last two sentences are what is applicable here. A petition can be filed by the party seeking the extension with the court and should state the reasons for the extension - which need to reflect "good cause". Good cause is a pretty low legal standard in this context. Basically, they need to give a reason that does not sound absurd on its face.
Let me know if you have any other questions.
Please rate my answer positively if you have been assisted at all.
Best wishes going forward!
Customer: replied 1 year ago.
THANK YOU BUT YOU DID NOT ANSWER MY QUESTION, AFTER THE DATE OF EXPIRY IS THERE ANY LEGAL REASON HE REINSTATE THIS ORDER BECAUSE THE PLAINTIFF ARE ASKING HIM TO DO SO, TO REINSTATE AND EXPIRED ORDER AFTER THE DATE IT EXPIRED.
Customer: replied 1 year ago.
IS THERE ANY FEDERAL CODE THAT WOULD ALLOW HIM TO REINSTATE AND EXPIRED ORDER BECAUSE OF THE PLAIINTIFF REQUEST
Expert:  Delta-Lawyer replied 1 year ago.
If it has expired, then the party seeking the TRO will have to start anew with a new petition for an TRO. If that did not occur, a motion to set aside can be filed by the subject of the TRO.
Customer: replied 1 year ago.
WELL HE JUST DID HE REINSTATED AND EXPIRED TRO AFTER HE GAVE ME THE ORDER THAT IT IS EXPIRED.
Customer: replied 1 year ago.
PLEASE GIVE ME A CASE LAW TO REFERENCE THAT HE CANT DO THAT
Expert:  Delta-Lawyer replied 1 year ago.
It is not a matter of case law - it is a matter of following the rules of civil procedure. If the TRO expired and was reinstated, then the court violated the aforementioned language in Rule 65. As such, a motion to set aside has merit based on the language of the rule - which is better than simply citing case law.
With that being said, even if you are successful in setting it aside, the standard to get a TRO is low. They will simply file a petition for a new TRO immediately thereafter.
So, you need to decide if it is worth your energies in fighting this issue (that is more a business decision though than a legal one).
By the way, I was in court earlier. I apologize for the tardiness of my response.
Expert:  Delta-Lawyer replied 1 year ago.
Just wanted to make sure you received my latest response.

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