UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 25, 2006
NORTHEAST RESEARCH, LLC, PLAINTIFF,
ONE SHIPWRECKED VESSEL, HER TACKLE, EQUIPMENT, APPURTENANCES AND CARGO LOCATED WITHIN TWO NAUTICAL MILES OF A CIRCLE POINT AT COORDINATES 42 DEGREES 33 MINUTES NORTH LATITUDE, AND 79 DEGREES 36 MINUTES WEST LONGITUDE, IN REM, DEFENDANT, AND THE STATE OF NEW YORK, INTERVENOR.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
DECISION AND ORDER
On May 24, 2006, plaintiff NorthEast Research, LLC ("NorthEast"), filed a motion for a temporary restraining order ("TRO") and preliminary injunction, to enjoin Captain Jim Herbert and any other person from diving upon the in rem defendant One Shipwrecked Vessel without express prior permission from NorthEast and the State of New York.
NorthEast has not met (in fact, has not attempted to meet) the requirements of Rule 65(b)(1) and (2) of the Federal Rules of Civil Procedure in order to have its TRO motion heard ex parte. See also Local Rule 65(a)(1) of the Local Rules of Civil Procedure for the United States District Court for the Western District of New York ("Local Rules"). Nor has NorthEast followed the correct procedure for having its TRO motion heard on notice. See Local Rule 65(a)(2). In addition, NorthEast has not followed the proper procedure for seeking a preliminary injunction in this Court. See Local Rule 65(b).
Accordingly, NorthEast's motion for a TRO and preliminary injunction is denied.
IT IS SO ORDERED.
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