Bond with Collateral for Temporary Restraining Order or Preliminary Injunction

• Legal Form Number: 13
• Court: U.S. Claims Court
• Section: Court of Federal Claims

233

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.