Judge Kaplan Takes Chevron’s Motion for a TRO Under Advisement

[UPDATE: I’ve changed the title of the post to reflect uncertainty about what exactly the judge did. See Max Kennerly’s comment to the post].

I am told that at this morning’s hearing on Chevron’s motion for a temporary restraining order, Judge Kaplan took the matter under advisement and did not make a decision from the bench. I’ll keep you posted!

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

2 thoughts on “Judge Kaplan Takes Chevron’s Motion for a TRO Under Advisement

  1. As a civil procedure nerd, the situation makes me want to cry. A TRO is plainly inappropriate here, and a judge taking a TRO “under advisement” effectively concedes that a TRO is inappropriate.

    The issue here is whether Chevron should have a preliminary injunction. I find it revealing that they keep filing for a TRO rather than a preliminary injunction: it seems an essential component of their strategy is to deny the Lago Agrio parties adequate time to respond. That speaks for itself.

    1. Max, thanks for the comment. I think you’re exactly right.

      I suspect that when Judge Kaplan ultimately rules, he will simply rule on the motion for an attachment and not the motion for a TRO. Perhaps when we see the transcript of today’s hearing, we’ll see that the judge indicated that he was denying the TRO, though that is not what my source reported to me.

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