Angela W. DeBose v. United States, et al.

Federal Rule of Civil Procedure 65(a) provides that a preliminary injunction may issue only on notice to the adverse party. Rule 65(a)(2) requires that the issuing court must preserve “any party's right to a jury trial.” Rule 65(b) provides that a temporary restraining order may issue without written or oral notice to the adverse party under certain circumstances—(i.e., specific facts in an affidavit or a verified complaint that show immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition and the movant's attorney certifies should not be required). If a preliminary injunction is issued without notice, “an expedited hearing must be set on the motion for a preliminary injunction at the earliest possible time, taking precedence over all other matters...” Rule 65(b)(3). The order expires at or before 14 days—unless the court, for good cause, extends it for a like period (presumably up to 14 days) or the adverse party consents to a longer extension. Rule 65(b)(2). The adverse party may appear and move to dissolve or modify the order on 2 days’ notice; the motion must be heard and decided as promptly as justice requires. Rule 65(b)(4). The questions presented are:

1. Whether the “with” and/or “without” notice rules of Rule 65 for a preliminary injunction or temporary restraining order require a hearing?

2. Is Rule 65(a)(2), preservation of adverse party’s right to a jury trial, violated when the time set for the injunction / TRO is undefined, indefinite, or “held out” as permanent with no specific end in sight?

3. Does Florida’s Vexatious Litigant Law “[a]ny person or entity previously found to be a vexatious litigant pursuant to this section" require a final and adversely determined action?