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Dunn v. Stewart, 235 F. Supp. 955 (S.D. Miss.)

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IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI

PLAINTIFFS

AND

V.

DEFENDANT

CAUSE NO.

PETITION FOR TEMPORARY RESTRAINING
ORDER AND PERTINENT INJUNCTION

COME NOW, Plaintiffs, and and file this their Petition for a Temporary Restraining Order and Permanent Injunction and in support Thereof, would show the following:

1.

a. is an adult resident citizen of County, Mississippi, whose address is , Mississippi

b. is an adult resident citizen of County, Mississippi, whose address is Mississippi

c. is an adult resident citizen of County, Mississippi, whose address is Mississippi

2. During , ended a relationship with . Subsequent to that time, became engaged to be married to .

3. Since the time that and have become engaged to be married, has knowingly and willfully engaged in a pattern of conduct of threatening and harassing and . Specifically, has had conversations with and made telephone calls to employer, during which he/she used abusive and profane language and made threats regarding the safety of . Likewise, has made remarks to individuals who know and indicating that he/she intended to cause bodily harm to has further made threatening statements to in person.

4. As the proximate and foreseeable result of irrational, hostile, abusive and threatening conduct, and his/her intent and apparent ability to carry out the threats made by him/her to and and are in fear for their safety.

WHEREFORE, Plaintiffs and request that this Court enter a Temporary Restraining Order against prohibiting him/her from contacting both and , employer, , or any employee thereof, by telephone, letter, or by any other means or method of communication and prohibiting him/her from coming to home and place of business or otherwise coming within five hundred (500)feet of and .

employer, or any employee thereof.

MOTION FOR PERMANENT INJUNCTION

5. and incorporate herein by reference the allegations contained in Paragraphs 1 through 4 above.

6. and request that the Temporary Restraining Order remain in effect until such time as a hearing can be had on the merits of this cause, at which time and request that a Permanent Injunction be issued prohibiting any contact between the parties on a permanent basis.

WHEREFORE, PREMISES CONSIDERED, and pray for the following relief:

A. A Temporary Restraining Order prohibiting from contacting and and either of their employers; and

B. A Permanent Injunction prohibiting any contact between the parties on a permanent basis; and

C. Other such relief as the Court deems just and equitable.

DATED this the

Respectfully submitted,

Of counsel:

Telephone:

MSB #:

Attorney for

Attorney for

STATE OF MISSISSIPPI

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this within my jurisdiction, the within named , duly identified before me, who acknowledged that he/she executed the above and foregoing instrument.

NOTARY PUBLIC

My Commission Expires:

STATE OF MISSISSIPPI

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this within my jurisdiction, the within named , duly identified before me, who acknowledged that he/she executed the above and foregoing instrument.

NOTARY PUBLIC

My Commission Expires:

Of counsel:

Telephone:

MSB #:

Attorney for

CERTIFICATE OF SERVICE

I, , do hereby certify that I have this day caused to be mailed, via United States Mail postage prepaid, a true and correct copy of the foregoing document to:

, Mississippi

DATED this the

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What Dunn v. Stewart, 235 F. Supp. 955 (S.D. Miss.) Is

Dunn v. Stewart, 235 F. Supp. 955 (S.D. Miss.) is a federal district court opinion reported in the Federal Supplement for the Southern District of Mississippi. As a district-level decision, it is binding on trial courts in that district and persuasive in other federal and state courts. Practitioners consult the opinion for its factual analysis, procedural posture, and any legal reasoning that may support or distinguish claims in subsequent matters. Always read the full text, check subsequent history, and confirm whether higher authority has changed or limited any rule discussed in the opinion.

Why the Opinion Matters for Legal Research and Briefing

District-court opinions like Dunn v. Stewart can supply on-point reasoning, factual analogies, and procedural examples that inform motions, pleadings, and legal education. They are useful persuasive authority when higher-court precedent is absent or distinguishable.

Why the Opinion Matters for Legal Research and Briefing

Who Commonly Consults This Opinion

Practicing attorneys, law clerks, and legal researchers often review district opinions when preparing briefs or comparing fact patterns.

  • Litigators preparing briefs and motion memos; they use district analysis to support factual analogies.
  • Paralegals and research attorneys locating procedural examples and trial-level holdings for citation and briefing.
  • Law professors and students examining trial-court reasoning, evidentiary rulings, or statutory interpretation in classroom or scholarship.

Academics and students may study the case for doctrinal development; courts outside the district may treat it as persuasive authority where relevant.

Step-by-Step: How to Locate, Read, and Use the Opinion

Follow these steps to integrate Dunn v. Stewart into legal work while preserving accuracy and context.

  • 01
    Find: Locate the full opinion in a reporter, court database, or official docket to ensure completeness.
  • 02
    Verify: Check appellate history and citators like Shepard's or KeyCite for subsequent treatment.
  • 03
    Extract: Identify controlling facts, legal issues, holding, and the court's reasoning before citing.
  • 04
    Cite: Cite precisely and include pinpoint references to the reporter and page or paragraph cited.

Core Parts to Review in the Opinion

A focused reading looks for particular components that determine the opinion's utility for future matters.

Caption

Shows parties and procedural posture; confirms you are citing the correct matter and not a similarly named case.

Procedural History

Explains how the case reached the court and what prior rulings shaped the issues before the district court.

Factual Findings

Summarizes the core facts the court relied on to decide legal questions; essential for analogy and distinction.

Legal Issues

Identifies the precise statutory or common-law questions the court addressed and framed for decision.

Holding

States the court's disposition on the issues; distinguishes binding rule from dicta to guide citation weight.

Reasoning

Contains the court's legal analysis and interpretive approach that practitioners use to argue similarity or difference.

How to Prepare an Electronic Research Workflow

Configure your digital research and drafting steps so key case information is captured and sharable.

Task Action
Save Source Download PDF of the opinion and save to document management with standardized filename
Annotate Highlight holdings and facts; add notes for citation sentences in your brief
Record Metadata Populate citation, court, date, and docket fields in your case management system
Share Distribute annotated copies to the drafting team via secure repository or e-sign workflow if signatures needed

Where and How to File or Submit Documents Citing the Opinion

Understand filing rules and formats required by the receiving court or tribunal before submission.

  • Court E-Filing: Submit briefs through the court’s CM/ECF system following local formatting and PDF requirements.
  • Citations in Filings: Place pinpoint citations and attach relevant excerpts or add appendix entries per local rules.
  • Service: Serve opposing counsel in the manner required by the court’s rules and confirm receipt.
  • Record Retention: Keep the signed filings and proof of service consistent with your retention policy and ethical obligations.

Digital Submission and eSignature Considerations

Courts and agencies increasingly accept electronic filings and signed documents; confirm acceptable formats and authentication.

  • File Formats: PDF/A preferred for long-term preservation and court compatibility
  • Authentication: Use methods consistent with ESIGN and local court e-filing rules
  • Security: Encrypt transmissions with TLS and store documents with AES-256 encryption

Timing and Deadlines to Mind When Using the Opinion

Timing affects whether and how you can rely on the opinion in motions, appeals, or briefing schedules.

Briefing Deadlines:

Cite rulings promptly within the court’s filing and response timetable to ensure admissibility in argument.

Preservation Steps:

Secure and preserve the original opinion and cited exhibits before record closure or appellate deadlines.

Citation Checks:

Run a subsequent-history check before filing to detect changes in precedential value.

E-Filing Cutoffs:

Observe court-specific e-filing cutoffs, which determine the timestamp for timely submissions.

Service Windows:

Serve opposing counsel within the period required by local and federal rules after filing

Risks of Incorrect Citation or Reliance

Miscalculation: Lost credibility
Overreliance: Unsupported argument
Misquotation: Sanctions risk
Failure to Update: Citing overturned law
Procedural Error: Motion denied
Privacy Breach: Confidential data exposed

Common Mistakes to Avoid When Preparing Citations and Filings

  • Relying on a district opinion without checking appellate treatment; subsequent history can change persuasive value.
  • Citing dicta as controlling law; distinguish holdings from discussion to avoid overstating authority.
  • Using an unofficial or incomplete text excerpt; always cross-check a reporter version or official docket entry.
  • Failing to follow local citation rules or failing to include required appendices and pinpoint references.

Practical Examples of Using a District Opinion in Practice

Two brief scenarios show how a district opinion like Dunn v. Stewart might be applied in different professional contexts.

Litigation Example

A trial attorney cites the district court’s factual analysis to distinguish a client’s case

  • The court’s reasoning provides persuasive analogy
  • The attorney supplements the citation with recent appellate treatment and an appendix of the opinion to the motion.

Academic Example

A law professor assigns the opinion for a seminar on statutory interpretation

  • Students critique the court’s analytical approach
  • Classroom materials include the opinion text, follow-up citations, and questions about applicability in other jurisdictions.

Tips for Accurate, Efficient Use of the Opinion

Adopt consistent habits to ensure citations are reliable and defensible during briefing and oral argument.

Confirm Subsequent History
Always check whether the decision was affirmed, reversed, or cited negatively on appeal; citators provide this information quickly and prevent reliance on outdated authority.
Use Pinpoint Citations
Provide exact page or paragraph citations when quoting or relying on specific language to help judges and opposing counsel verify your statements.
Preserve Original PDFs
Store reporter and docket versions with metadata (date accessed, source) to ensure reproducibility and to satisfy rules on record preservation.
Redact When Required
Remove or mask personal or protected data before sharing opinions or exhibits in contexts governed by HIPAA or privacy obligations.

Who Typically Signs or Certifies Documents Referencing the Opinion

Lead Counsel

The attorney of record signs filings and certifies that citations are accurate under court rules; signature implies professional responsibility for the content and compliance with local practice.

Paralegal / Researcher

Paralegals and researchers prepare citation lists and annotated opinions for counsel; they maintain source files but do not sign filings unless expressly authorized.

eSignature Vendor Pricing Snapshot for Document Execution and Filing

Basic pricing and feature availability for common eSignature providers. signNow appears first per platform comparison conventions used here.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Available (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA required) Varies by vendor Varies by vendor Varies by vendor Varies by vendor

Frequently Asked Questions About Using Dunn v. Stewart

Answers to common practical and procedural questions about locating, citing, and electronically handling the opinion.


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