How NOT to do a TRO
A great source of information is:
In the Sykes case, Gloria was not present in court, and PS got an Order issued regarding her TRO.
However, it did not comply with the Rules of Court:
e. Under Illinois and federal law (735 ILCS 5/11-101 and FRCP 65(b)) any order granting an ex parte TRO must:
i. be endorsed with the date and hour of signing
ii. be filed immediately in the clerk’s office
iii. define the injury and state why it is irreparable
iv. explain why no notice was given
v. expire by its own terms, not to exceed 10 days
vi. set the motion for a preliminary injunction for hearing at the earliest possible time
i. be endorsed with the date and hour of signing
ii. be filed immediately in the clerk’s office
iii. define the injury and state why it is irreparable
iv. explain why no notice was given
v. expire by its own terms, not to exceed 10 days
vi. set the motion for a preliminary injunction for hearing at the earliest possible time
and what happened was, Gloria showed up on or about Mar 18, 2011 and was sandbagged and handcuffed to a chair in Judge Stuart’s ante room for THREE HOURS.
There was no excuse for that.
see the court orders at:
They clearly do not comply, and while it appears Gloria appeared on Mar 18, 2011 and was arrested for THREE HOURS, it would seem that 1) a contempt order with the date, time and place was ever entered; 2) Gloria claims she was never served with a proper Order with a finding of “direct criminal contempt” 3) these order make it look like she was to appear on Mar 18, 2011 for a hearing–not to fulfill a contempt order and be arrested.
If anyone has the Contempt Order finding her in contempt with the date, time and place on it, please email it to me and I will publish on the blogs.
Even in a contempt situation, Gloria was allowed to have a lawyer. She could have called Gene Moskowitz, who was in the hall, myself or Ken. I was minutes away.
Another travesty of justice in the Sykes case
ONE THOUGHT ON “HOW NOT TO DO A TRO”