Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after the close of business on the date the TRO expires is untimely because “the TRO had already expired at the time that the Plaintiff moved the Court” for an extension. XYZ Corporation v. The Unincorporated Associations Identified in Schedule A, Case No. 1:23C-cv-00673-PTG-JFA (E.D.Va. July 25, 2023).
Fed. R. Civ. P. 65 allows a district court to issue a temporary restraining order (TRO) and/or a preliminary injunction to maintain the status quo and avoid irreparable harm while a suit is pending. The process is intended to move quickly, and in the EDVA, it can move very quickly. In a recent example, an EDVA judge resolved a motion for preliminary injunction in a week, ordering the defendant to respond six days after the motion was filed and ruling on the motion from the bench the following day. See Northern Virginia Citizens As’n., Inc. v. Federal Highway Admin., et al., Case No. 1:23-cv-00356-LMB-IDD (E.D. Va. April 7, 2023) (ECF No. 40).
Given the accelerated speed of the process, particularly in the EDVA, below is a discussion of common questions relating to Rule 65 motions in the EDVA: