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 __________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR TEMPORARY
13 vs. ) RESTRAINING ORDER AND ORDER TO SHOW
) PENDING PRELIMINARY INJUNCTION
14 Any Defendant, and DOES 1-5 ) PENDING TRIAL; MEMORANDUM OF POINTS
) AND AUTHORITIES, DECLARATION OF
15 Defendants. ) __________, EXHIBITS
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19 )
)
20

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 1 Be sure to remove these notices before using this document.
2

3 TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:

4 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled

5
Court located at ___________________________, will and does move the Court by ex-parte
6
application for a Temporary Restraining Order and a request for an order to show cause why a
7
preliminary injunction should not issue prohibiting Defendant ______________________ their
8

9 agents, attorneys, and representatives, and all persons acting in concert or participating with them

10 from STATE HERE THE SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE
11
PREVENTED FROM DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO
12
INFRINGE ON A TRADEMARK, ETC.
13
Plaintiffs request a hearing date of today, __________ or as soon as possible thereafter.
14

15 In support of this Motion, Plaintiffs state:

16 1. As set forth in Plaintiffs’ Complaint, Motion for Temporary Restraining Order, and
17
supporting documents filed herewith, Plaintiffs have already suffered and certainly will suffer
18
substantial irreparable harm as a result of Defendants actions in that STATE HERE THE ACTIONS
19
OF DEFENDANTS THAT HAVE CAUSED YOU TO SUFFER SUBSTANTIAL
20

21 IRREPARABLE HARM.

22 2. Allowing Defendants to continue their _____________________________________,

23
and other unlawful activities will cause immediate and irreparable harm to Plaintiffs in that STATE
24
HERE IN DETAIL THE IMMEDIATE AND IRREPARABLE HARM THAT YOU WILL
25
SUFFER IF THE TEMPORARY RESTRAINING ORDER IS NOT GRANTED.
26

27 3. Plaintiffs have taken the following steps to present and set a hearing for their Motion

28 for Temporary Restraining Order, and notify Defendants thereof:

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 1 a. Plaintiffs first learned of Defendants’ actions on _____________ and contacted their
2 counsel who then contacted whom it believed to be Defendants’ counsel on the same day by
3
telephone and also sent a cease and desist letter and e-mail detailing the damages suffered by
4
Plaintiffs as a result of Defendants actions and demanding that Defendants cease and desist.
5

6
Plaintiffs’ counsel advised Defendants’ counsel that Plaintiffs would seek immediate injunctive relief

7 in the form of a Temporary Restraining Order, on ________________________, if Defendants did

8 not agree to cease and desist, and also requested that if they were not counsel for Defendants to
9
please advise them.
10
b. The next day, on __________, Plaintiffs’ counsel again reached out to whom it
11
believed to be Defendants’ counsel by telephone and also sent another cease and desist e-mail
12

13 detailing the infringement and demanding that Defendants cease and desist. Counsel again advised

14 Defendants’ counsel that Plaintiffs would seek immediate injunctive relief in the form of a Temporary
15
Restraining Order, on _________________, if Defendants did not agree to cease and desist, and also
16
requested that if they were not counsel for Defendants to please advise.
17
c. The next day, on _______________, Plaintiffs’ counsel reached out to whom it
18

19 believed to be Defendants’ counsel by telephone and also sent copies of Plainiffs complaint and

20 motion papers seeking a Temporary Restraining Order and Permanent Injunction, and a hearing on
21
_________________.
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d. As of the filing of this Motion on ____________, Defendants have been placed on
23
notice (through counsel) that Plaintiffs are seeking a Temporary Restraining Order and Preliminary
24

25 Injunction, and Plaintiff will immediately notify Defendants upon the Court’s setting of a hearing

26 date on Plaintiffs’ Motion for Temporary Restraining Order and Motion for Preliminary Injunction.
27
Specifically, in addition to the above described communications, counsel for Defendants responded in
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 1 writing to Plaintiffs’ cease and desist demand, and conferred on the telephone with Plaintiffs’ counsel
2 on ________________________________.
3
4. Plaintiffs respectfully request a hearing on _____________, or as soon as possible
4
thereafter, in order to prevent any further and future damage from Defendants’ unlawful actions.
5

6
Thus, Plaintiffs respectfully request that this Court schedule a hearing on this Motion and

7 Plaintiffs’ Motion for Preliminary Injunction on ____________, or as soon as possible thereafter, and

8 enter a temporary restraining order against Defendants ordering that Defendants and their officers,
9
managers, members, employees, attorneys, accountants, assigns, corporate parents, subsidiaries,
10
agents, representatives, and other persons or entities acting on their behalf or under their control, or
11
anyone else working with or on behalf of Defendants, are temporarily enjoined and restrained,
12

13 directly or indirectly, and whether alone or in concert with others, from STATE HERE THE

14 SPECIFIC ACTIONS WHICH YOU WANT DEFENDANTS TO BE PREVENTED FROM

15
DOING SUCH AS SELLING REAL PROPERTY, CONTINUING TO INFRINGE ON A
16
TRADEMARK, ETC.
17

18
Dated: ________________ __________________________________________
19 ANY ATTORNEY OR PARTY

20
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