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Old 07-12-2007, 10:10 AM
niss niss is offline
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Join Date: Oct 2004
Location: yankee the wankee?
Posts: 4,489
Default Re: Read the brief, nice background \"facts\" , but procedural quagmire ?

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Comment noted.

There is a US District Court for the District of New Jersey. It certainly has local rules and procedures. The suit was filed in the US District Court there. I think it would be covered by both the FedR.Civ.Pro and the local (New Jersey) US District Court rules.

(But of course, since you read the underlying brief document you already knew the matter was pending in Federal court, not State court.)

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They filed their request for a TRO by notice of motion and not by Order to Show Cause. Hence the return date of September. Very unusual. I can't see how you get a TRO without showing exigency, and if there is exigency they would have proceeded by Order to Show Cause. I was going to say in my original response that I think this motion has a snowball's chance in hell of succeeding, having read the papers, but I don't want to kill the party.

By the way I practice in NJ federal court regularly and can try to answer any questions about procedure (I haven't made it all the way through the thread yet so if there's anything further below I'll respond if I can).
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