Bond with Collateral for Temporary Restraining Order or Preliminary Injunction

Legal Form Number13
CourtU.S. Claims Court
SectionCourt of Federal Claims
226
FORM 13
BOND WITH COLLATERAL FOR
TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION
United States Court of Federal Claims
)
)
________________________, )
) No. _____________
Plaintiff, )
) Judge ____________________
v. )
)
THE UNITED STATES, )
)
Defendant. )
BOND WITH COLLATERAL FOR
TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION
Recitals
1. The above-named plaintiff(s) has commenced an action in the above-entitled court against
the defendant and has made application to the court for a Temporary Restraining Order or
Preliminary Injunction against the defendant, enjoining and restraining the defendant, as well as
the defendant’s agents or employees, from the commission of certain acts, particularly set forth
and described in the complaint, and
2. The plaintiff(s) desires to give an undertaking in an amount deemed proper by the court,
that is, $______, to secure the payment of any costs and damages, including reasonable attorney’s
fees to be fixed by the court that may be incurred or suffered by the defendant if the restraining
order or preliminary injunction should prove to have been improvidently issued.
Promise to Pay
The undersigned surety (jointly and severally, if more than one) obligates itself to the
defendant as provided in RCFC 65 and 65.1, in the sum of $_____ on the condition that if the
defendant ultimately prevails in this action and suffers damages on account of the Temporary
Restraining Order or Preliminary Injunction, they will pay those damages up to and including the
maximum amount of this Bond if the court determines that the Temporary Restraining Order or
Preliminary Injunction was improperly or improvidently granted, or the defendant was improperly
or wrongfully restrained by that Order. The undersigned stipulates that the damages may be
ascertained in such manner as the court shall direct and that, on dissolving the injunction, the court
may give judgment thereon against the plaintiff for said damages in the order dissolving the
injunction, or in a further order after ascertainment of the amount of said damages.

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