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Consumer Credit | Pennsylvania Western
Order
ORDER re 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff TANYA GRAY. In the 4 Motion, pro se Plaintiff Ms. Gray moves this Court for a Temporary Restraining Order and Preliminary Injunction ordering Defendants to [c]ease all collection activities in connection with a loan agreement in which Plaintiff is the debtor, [s]uspend all credit reporting related to that loan, [r]efrain from repossessing Plaintiffs vehicle, and [m]aintain the status quo[.] Under Federal Rule of Civil Procedure 65(b)(1), the Court may issue a temporary restraining order without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Further, pursuant to Section III.C of the undersigned's Practices and Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Practices_Procedures_2024.pdf), [c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Here, the Motion has failed to provide a certification describing the efforts made to provide notice, which is required under Rule 65(b)(1). Accordingly, IT IS HEREBY ORDERED THAT the 4 Motion is DENIED IN PART, to the extent Plaintiffs seek a TRO. However, the Court will defer ruling on the 4 Motions request for a preliminary injunction and will move promptly on that request for relief once Defendants have been served and have entered an appearance in this case. Signed by Judge Christy Criswell Wiegand on 7/10/2026. (drc)
ORDER. For the Court to effectuate service of the 3 Complaint pursuant to § 1915(d), IT IS HEREBY ORDERED that Ms. Gray shall complete and provide the Court with a revised U.S. Marshal 285 form, a Notice of Lawsuit and Request for Waiver of Summons form (AO 398), and a Waiver of the Service of Summons form (AO 399) for each defendant named in all documents, and a copy of the Complaint with all exhibits for each named defendant, on or before 7/24/2026. The Court will not order service by the U.S. Marshal until all required forms are completed and returned to the Court. Signed by Judge Christy Criswell Wiegand on 26-cv-1422. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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