Complaint and Request for Injunction
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Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction U NITED S TATES D ISTRICT C OURT for the __________ District of __________ __________ Division ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. (to be filled in by the Clerk’s Office) Plaintiff(s) (Write the full name of each plaintiff who is filing this complaint. If the names of all the plaintiffs cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.) -v- Defendant(s) (Write the full name of each defendant who is being sued. If the names of all the defendants cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.) COMPLAINT AND REQUEST FOR INJUNCTION I. The Parties to This Complaint A. The Plaintiff(s) Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. Name Street Address City and County State and Zip Code Telephone Number E-mail Address B. The Defendant(s) Provide the information below for each defendant named in the complaint, whether the defendant is an individual, a government agency, an organization, or a corporation. For an individual defendant, include the person's job or title (if known) . Attach additional pages if needed. Page 1 of 6 Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction Defendant No. 1 Name Job or Title (if known) Street Address City and County State and Zip Code Telephone Number E-mail Address (if known) Defendant No. 2 Name Job or Title (if known) Street Address City and County State and Zip Code Telephone Number E-mail Address (if known) Defendant No. 3 Name Job or Title (if known) Street Address City and County State and Zip Code Telephone Number E-mail Address (if known) Defendant No. 4 Name Job or Title (if known) Street Address City and County State and Zip Code Telephone Number E-mail Address (if known) Page 2 of 6 Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction II. Basis for Jurisdiction Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal court jurisdiction? (check all that apply) ’Federal question’Diversity of citizenship Fill out the paragraphs in this section that apply to this case. A. If the Basis for Jurisdiction Is a Federal Question List the specific federal statutes, federal treaties, and/or provisions of the United States Constitution that are at issue in this case. B. If the Basis for Jurisdiction Is Diversity of Citizenship 1. The Plaintiff(s) a. If the plaintiff is an individual The plaintiff, (name) , is a citizen of the State of (name) . b. If the plaintiff is a corporation The plaintiff, (name) , is incorporated under the laws of the State of (name) , and has its principal place of business in the State of (name) . (If more than one plaintiff is named in the complaint, attach an additional page providing the same information for each additional plaintiff.) 2. The Defendant(s) a. If the defendant is an individual The defendant, (name) , is a citizen of the State of (name) . Or is a citizen of (foreign nation) . Page 3 of 6 Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction b. If the defendant is a corporation The defendant, (name) , is incorporated under the laws of the State of (name) , and has its principal place of business in the State of (name) . Or is incorporated under the laws of (foreign nation ), and has its principal place of business in (name) . (If more than one defendant is named in the complaint, attach an additional page providing the same information for each additional defendant.) 3. The Amount in Controversy The amount in controversy–the amount the plaintiff claims the defendant owes or the amount at stake–is more than $75,000, not counting interest and costs of court, because (explain) : III. Statement of Claim Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed. A. Where did the events giving rise to your claim(s) occur? B. What date and approximate time did the events giving rise to your claim(s) occur? Page 4 of 6 Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction C. What are the facts underlying your claim(s)? (For example: What happened to you? Who did what? Was anyone else involved? Who else saw what happened?) IV. Irreparable Injury Explain why monetary damages at a later time would not adequately compensate you for the injuries you sustained, are sustaining, or will sustain as a result of the events described above, or why such compensation could not be measured. V. Relief State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or punitive money damages. Page 5 of 6 Pro Se 2 (Rev. 12/16) Complaint and Request for Injunction VI. Certification and ClosingUnder Federal Rule of Civil Procedure 11, by signing belo w, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presen ted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or revers ing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11. A. For Parties Without an Attorney I agree to provide the Clerk ’s Office with any chan ges to my ad dress where case–related papers may be served . I understan d that my failure to keep a current address on file with the Clerk’s Office may resu lt in th e dismissal o f my case. Date of signing: Signature of Plaintiff Printed Name of Plaintiff B. For Attorneys Date of signing: Signature of Attorney Printed Name of Attorney Bar Number Name of Law Firm Street Address State and Zip Code Telephone Number E-mail Address Page 6 of 6Relevant article from our knowledge database
For the petition to be granted, the petitioner must satisfy several criteria indicating which he or she's in a position to be independent. So injunctions can be a little dicier, but they're the remedy to most barking problems. Accordingly, unlike a restraining order, injunctions, whenever you are ready to receive them, do address the issue.
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Plaintiff did not get a reply. As an example, the Respondent may be made to abandon particular sorts of business pursuits and get rid of income consequently. The Defendant then has 14 days to finish this practice. However, you'll need to return to Court to apply to get a warrant. When that occurs, the court will probably base its decision on the other 3 criteria discussed above. Usually you sue in a court of law, you're suing for what's called compensation, which just suggests that you're searching for some sum of money. It is extremely judge specific.
Usually, a person who's charged with contempt is qualified for a trial or a hearing. These orders can protect against someone harassing, threatening or assaulting you or avoid them coming in a particular distance of your house. Restraining orders are simple to get. Temporary restraining orders are covered in a different article inside this series. Usually, to obtain an injunction, you've got to begin with a temporary restraining order, also referred to as a TRO.
In practicality, the procedure and end result isn't nearly that easy. Irrespective of the merits of the scenario, the procedure to procure an injunction is going to be the exact same. This complaint procedure won't result in a resolution of a boundary location issue.