Katz v. Danville Police Dep't, Doc. No. 218-2011-CV-721 (Rockingham Super. Ct., June 27, 2011) (McHugh, J.)

[1]

THE STATE OF NEW HAMPSHIRE

ROCKINGHAM COUNTY SUPERIOR COURT

Elena Katz

v.

Danville Police Department, et al

218-2011-CV-721

ORDER on ex parte PETITION

After a review of the factual allegations set forth in the ex parte Petition, the court makes the following ORDER:

       The Petition is GRANTED as the Court finds that immediate and irreparable injury, loss or damage will result to the Petitioner prior to a further hearing. The Proposed Order submitted by the Petitioner is APPROVED. See attached.

       A further hearing is to be scheduled within 10 days. The Petitioner shall make service upon the Respondent.

       The Petition is DENIED on an ex parte basis as it does not appear that immediate and irreparable injury, loss or damage will result to the Petitioner prior to a further hearing. A hearing shall be scheduled within 10 days. allowing for service to be made upon the Respondent.

   X    The Petition is DISMISSED as:

   X    The facts contained within the Petition do not set forth a claim upon which equitable relief can be granted.

       The Petitioner appears to have an adequate remedy at law.

       This court does not have equitable jurisdiction over the claims set forth in the petition.

OTHER:

The Court has no idea what "records" the plaintiff seeks as they are not specifically identified. Moreover, no record request should be granted ex-parte.

SO ORDERED.

   6/27/11       8:15 a.m.       /s/ Kenneth R. McHugh   

Date            Time Presiding Justice

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