DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
THE DEMOCRATIC PARTY OF THE 
VIRGIN ISLANDS, EDGAR PHILLIPS, 
GLEN J. SMITH, LUIS MORALES, 
Plaintiffs, 
v. 
THE ST. THOMAS—ST. JOHN BOARD OF 
ELECTIONS, THE JOINT BOARD OF 
ELECTIONS, SENATOR MYRON D. 
JACKSON IN HIS CAPACITY AS 
PRESIDENT OF THE 32ND 
LEGISLATURE, THE 32ND 
LEGISLATURE OF THE VIRGIN 
ISLANDS, THE GOVERNMENT OF THE 
U.S. VIRGIN ISLANDS 
Defendants. 
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Civil No. 2017-44 
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APPEARANCES: 
 
Edgar Phillips 
St. Thomas, U.S.V.I. 
 
Pro se plaintiff, 
 
Glen J. Smith 
 
Pro se plaintiff, 
 
Luis Morales 
St. Thomas, U.S.V.I. 
 
Pro se plaintiff, 
 
 
 
 
 
 
 
 
 
 
 
 
Case: 3:17-cv-00044-CVG-RM   Document #: 3   Filed: 07/03/17   Page 1 of 3
The Democratic Party of the Virgin Islands, et al. v. The St. Thomas—St. John 
Board of Elections, et al. 
Civ. No. 2017-44 
Order 
Page 2 
ORDER 
 
GÓMEZ, J. 
 
Before the Court is the request of plaintiffs Edgar 
Phillips, Glen J. Smith, and Luis Morales for a temporary 
restraining order.1 
 
A temporary restraining order may be issued without notice 
to an adverse party or her attorney only if the petitioner avers 
to specific facts in a verified complaint or affidavit “that 
clearly shows that immediate and irreparable injury, loss, or 
damage will result to the movant before the adverse party can be 
heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A). Additionally, 
Federal Rule of Civil Procedure 65(b)(1)(B) provides that “the 
movant’s attorney [must] certify[y] in writing any efforts made 
to give notice and the reasons why it should not be required.” 
Fed. R. Civ. P. 65(b)(1)(B).2  
                     
1 The Democratic Party of the Virgin Islands is also named as a pro se party 
to the complaint in this matter and purports to join the motion for a 
temporary restraining order. As a general rule, however, organizations must 
be represented by legal counsel. See LRCi 82.1 (“All parties other than 
individuals must be represented by counsel.”); see also Strong Delivery 
Ministry Ass'n v. Bd. of Appeals of Cook Cty., 543 F.2d 32, 33-34 (7th Cir. 
1976); Black v. State of N.Y., 13 F. Supp. 2d 538, 540 n.1 (S.D.N.Y. 1998); 
MOVE Org. v. U.S. Dep't of Justice, 555 F. Supp. 684, 693 (E.D. Pa. 1983). 
2  Although on its face, Federal Rule of Civil Procedure 65(b)(1)(B) applies 
only to attorneys, the Court holds that this requirement applies to 
unrepresented parties as well. See, e.g., Farabee v. Clarke, No. 7:16-CV-
00325, 2016 WL 7106298, at *1 n.1 (W.D. Va. Dec. 5, 2016), appeal dismissed, 
No. 16-7723, 2017 WL 1437236 (4th Cir. Apr. 24, 2017); Wo of Ideafarm v. 
Mountain View Police Dep't, No. 5:16-CV-06270-EJD, 2016 WL 6462075, at *2 
(N.D. Cal. Nov. 1, 2016); Sims v. New Penn Fin. LLC, No. 3:15-CV-263 JD, 2015 
WL 3999518, at *3 (N.D. Ind. July 1, 2015); Hancox v. Citimortgage, 
Citifinancial, Cmty. Mortg., No. 13-2629-STA-DKV, 2013 WL 12049113, at *2 
Case: 3:17-cv-00044-CVG-RM   Document #: 3   Filed: 07/03/17   Page 2 of 3
The Democratic Party of the Virgin Islands, et al. v. The St. Thomas—St. John 
Board of Elections, et al. 
Civ. No. 2017-44 
Order 
Page 3 
   
The premises considered; it is hereby 
 
ORDERED that the motion docketed at ECF Number 2, insofar 
as it seeks a temporary restraining order, is DENIED. 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
                     
(W.D. Tenn. Aug. 15, 2013); Vaughan v. Bank of Am., NA., No. CIV.A. 10-0453-
KD-N, 2010 WL 3273052, at *1 (S.D. Ala. Aug. 18, 2010). 
 
Case: 3:17-cv-00044-CVG-RM   Document #: 3   Filed: 07/03/17   Page 3 of 3