Order — Navy SEALs 1-26 v. Biden, Motion for Injunction (N.D. Tex., November 24, 2021)

Summary

This order in the Northern District of Texas, Fort Worth Division, addresses the Motion for Injunction (ECF No. 16) that Plaintiffs in the case of Navy SEALs 1-26 against Biden filed on November 23, 2021. It states that Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders, that a court may issue an injunction only on notice to the adverse party, and that compliance with the rule is mandatory. It orders Plaintiffs to notify Defendants of the request for injunctive relief and to file a pleading on the docket describing compliance. It also orders both sides to file a status report setting out proposed deadlines for any response and reply briefs. The signature block names Reed O’Connor, United States District Judge.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26, et al.,
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     Plaintiffs,
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v.
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Civil Action No. 4:21-cv-01236-O

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JOSEPH R. BIDEN, JR., et al.,
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     Defendants.
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ORDER

Before the Court is Plaintiffs’ Motion for Injunction (ECF No. 16), filed November 23,
2021.
Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders.
A court may issue an injunction only on notice to the adverse party.  Fed. R. Civ. P. 65(a)(1).
Compliance with this rule is mandatory.  Parker v. Ryan, 960 F.2d 543, 544 (5th Cir. 1992); see
also ADT, LLC v. Capital Connect, Inc., 145 F.Supp.3d 671, 683 (N.D. Tex. 2015) (“First, the
Fifth Circuit has disapproved of ruling on a preliminary injunction where the parties were not given
a ‘fair opportunity’ or did not receive sufficient notice before the court rendered its decision.”).
            Accordingly, it is hereby ORDERED that Plaintiffs shall notify Defendants of its request
for injunctive relief.  It is further ORDERED that Plaintiffs shall file a pleading on the docket
describing compliance with this provision. Finally, it is ORDERED that Plaintiffs and Defendants
should then file a status report setting out proposed deadlines for any response and reply briefs.
SO ORDERED this 24th day of November, 2021.

Case 4:21-cv-01236-O   Document 18   Filed 11/24/21    Page 1 of 1   PageID 1247
Case 4:21-cv-01236-O   Document 18   Filed 11/24/21    Page 1 of 1   PageID 1247
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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