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Hellbender, Inc. v. Town of Boone
Richard L. Voorhees
ORDERTHIS MATTER is before the Court upon Plaintiffs' "Combined Motion for Temporary Restraining Order and Preliminary Injunction," filed June 15, 2012. (Doc. #6)
Defendant has also moved to dismiss the Amended Complaint for failure to state a claim upon which relief may be granted pursuant to FED. R. CIV. P. 12(b)(6). (Docs. ##4,7-8) Plaintiffs have not responded to Defendant's motion and the time for written response has not yet expired. See L.Cv.R. 7.1(E). Thus, Defendant's motion is not ripe for disposition.
Plaintiffs' motion appears to incorporate the alleged legal support for the motion for injunctive relief. However, Plaintiffs are referred to Local Civil Rule 7.1(C), which generally requires that a separate brief or memorandum of law be filed contemporaneously with motions in civil cases. See L.Cv.R. 7.1(C)(2012). In light of Plaintiffs' failure to comply with the district's local rules and procedures, the Court will not consider Plaintiffs' motion at this time.
IT IS, THEREFORE, ORDERED that Plaintiffs' "Combined Motion for Temporary Restraining Order and Preliminary Injunction" is DENIED without prejudice for failure to comply with the local rules.
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Richard L. Voorhees
United States District Judge
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