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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
OPPOSITION TO REQUEST FOR TEMPORARY
)
RESTRAINING ORDER AND ORDER TO SHOW
13 vs. )
CAUSE FOR PRELIMINARY INJUNCTION;
)
MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 )
AUTHORITIES; DECLARATION OF _________;
)
EXHIBITS
Defendants. )
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)
) DATE:
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) TIME:
) PLACE
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)
)
18 )
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OPPOSITION TO REQUEST FOR TEMPORARY RESTRAINING ORDER
1
TO ______________________AND THEIR ATTORNEYS OF RECORD:
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____________ (“_________”), hereby submits their opposition to the application of
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4 Plaintiffs, _______________________________for a temporary restraining order and order to show

5 cause for a preliminary injunction on the grounds that:


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(1) Plaintiffs have failed to meet the burden required to obtain preliminary injunctive relief in
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that they have failed to show (a) That they are likely to succeed on the merits; (b) That they are likely
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to suffer irreparable harm in the absence of preliminary relief; (c) That the balance of equities tips in
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10 their favor, and (d) That an injunction is in the public interest;

11 (2) They have failed to prove their right to relief by clear and convincing evidence, and
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(3) They have unreasonably delayed seeking preliminary injunctive relief as more fully set
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forth in the Declaration of ____________________ and Exhibits attached thereto, concurrently filed
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and served herewith.
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16 The Opposition shall be based on this Opposition, the attached Memorandum of Points and

17 Authorities, the Declaration of ________________________and Exhibits attached thereto,


18 concurrently filed and served, on the complete files and records of this action, and on such other oral
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and/or documentary evidence as may be presented at the hearing on the Motion.
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Dated________________ ________________________________________________________
ANY ATTORNEY OR PARTY
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Note that this opposition should be served and filed at least seven
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(7) calendar days before the hearing date unless a Local Rule or order
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OPPOSITION TO REQUEST FOR TEMPORARY RESTRAINING ORDER
1 of the Court states otherwise. See Federal Rule of Civil Procedure 6(c)
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(2).
4 MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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STATEMENT OF FACTS
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This case arises out of: Add information here to inform the Court of the circumstances of

9 the particular case, such as relationship between parties, etc.

10 The complaint alleges that: Add information here from the actual complaint such as brief
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description of causes of action, facts alleged, etc.
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Plaintiffs have filed a request for a temporary restraining order and order to show cause for a
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preliminary injunction BRIEFLY LIST HERE THE CONTENTIONS MADE BY PLAINTIFFS
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15 IN THEIR REQUEST FOR A TEMPORARY RESTRAINING ORDER.

16 Defendants oppose the application of ________________ for a temporary restraining order


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and order to show cause for a preliminary injunction on the grounds that:
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(1) Plaintiffs have failed to meet the burden required to obtain preliminary injunctive relief in
19
that they have failed to show (a) That they are likely to succeed on the merits; (b) That they are likely
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21 to suffer irreparable harm in the absence of preliminary relief; (c) That the balance of equities tips in

22 their favor, and (d) That an injunction is in the public interest;


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(2) They have failed to prove their right to relief by clear and convincing evidence, and
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(3) They have unreasonably delayed seeking preliminary injunctive relief as more fully set
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forth in the Declaration of ____________________ and Exhibits attached thereto, concurrently filed
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27 and served herewith.

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OPPOSITION TO REQUEST FOR TEMPORARY RESTRAINING ORDER
1 The declarations of ________ submitted in support of the request are inadequate in that they
2 contain only vague and conclusory allegations and are bereft of any specific facts that would support
3
the granting of the motion.
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Further the declarations submitted in support of the request clearly show that Plaintiffs have
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unreasonably delayed seeking preliminary injunctive relief.

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OPPOSITION TO REQUEST FOR TEMPORARY RESTRAINING ORDER

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