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Arthur O. Phaneuf, et al v. Nh Board of Registration of Funeral Directors and Embalmers

April 26, 2012

ARTHUR O. PHANEUF, ET AL
v.
NH BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS, ET AL



The opinion of the court was delivered by: Steven J. McAuliffe United States District Court Judge

NOTICE OF RULING / ORDER

Re: Document No. 2, MOTION for Preliminary Injunction Ruling: It is not clear that the motion for preliminary injunction (document no. 2) is meant to seek a temporary restraining order. I do not construe the pleading as seeking a TRO, but even if it does, it fails to meet the requirements of Fed. R. Civ. P. 65(b), and so to that extent it is denied without prejudice. To the extent the pleading seeks preliminary and permanent injunctive relief, it appears to run afoul of clear precedent requiring federal abstention, an issue plaintiff should be prepared to address at an early stage. See e.g. Brooks v. New Hampshire Supreme Court, 80 F.3d 633 (1st Cir. 1996); Maymo-Melendez v. Alvarez-Ramirez, 364 F. 3d 27 (1st Cir. 2004); Esso

Standard Oil Co. v. Cotto, 389 F.3d 212 (1st Cir 2004).

cc:

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