Kiosko Multiservicios LLC v. Financial Crimes Enforcement Network et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Kiosko Multiservicios LLC,
Plaintiff,
v.
Financial Crimes Enforcement Network, et
al.,
Defendants.
No. CV-26-02389-PHX-KML
ORDER
Plaintiff Kiosko Multiservicios LLC filed this suit on April 7, 2026. (Doc. 1.)
Kiosko later provided proof it sent summonses and copies of the complaint to 1) The
Financial Crimes Enforcement Network; 2) the Director of the Financial Crimes
Enforcement Network; 3) the U.S. Department of Treasury; 4) the Secretary of the
Treasury; and 5) the Attorney General. (Docs. 7-11.) Kiosko apparently did not send a copy
of the summons and complaint to the civil-process clerk at the United States Attorney’s
Office for the District of Arizona as Rule 4 requires. See Fed. R. Civ. P. 4(i)(A)(ii).
On April 14, 2026, Kiosko filed a motion for temporary restraining order. (Doc. 14.)
When doing so, Kiosko indicated in the docket text it was seeking an “ex parte” order. The
body of its motion does not reflect it is seeking relief before defendants can be heard but,
even if Kiosko were seeking such relief, it has not complied with the requirements for
obtaining that relief. Fed. R. Civ. P. 65(b)(1)(B). Kiosko’s motion states it was served via
regular mail on the same five entities and individuals who were sent summons. (Doc. 14 at
22.) Again, there is no evidence Kiosko sent anything to the United States Attorney’s
Case 2:26-cv-02389-KML Document 16 Filed 04/14/26 Page 1 of 2

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Office for the District of Arizona.
Kiosko is not entitled to a temporary restraining order without notice. Reno Air
Racing Ass’n., Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006) (“[C]ircumstances
justifying the issuance of an ex parte order are extremely limited.”). But the court sets an
expedited briefing schedule on Kiosko’s motion.
IT IS ORDERED the Motion for Temporary Restraining Order (Doc. 14) is
DENIED to the extent it seeks relief without notice. The Motion for Temporary
Restraining Order with notice remains pending.
IT IS FURTHER ORDERED no later than April 21, 2026, defendants shall file
their opposition to the Motion for Temporary Restraining order. Plaintiff shall file its reply
no later than April 27, 2026 at 9:00 a.m.
IT IS FURTHER ORDERED the Motion to Exceed Page Limits (Doc. 15) is
GRANTED.
IT IS FURTHER ORDERED as soon as practicable, plaintiff shall provide a copy
of this order and the Motion for Temporary Restraining Order to the United States
Attorney’s Office for the District of Arizona and file proof of service.
Dated this 14th day of April, 2026.
Case 2:26-cv-02389-KML Document 16 Filed 04/14/26 Page 2 of 2