When
proposing an injunction, please pay special attention to the text of Rule
65(d).
The
Seventh Circuit requires an injunction to be on a separate document. See,
e.g., MillerCoors LLC v. Anheuser-Busch Cos., LLC, 920 F.3d 922 (7th Cir.
2019); Auto Driveaway Franchise Sys., LLC v. Auto Driveaway Richmond, LLC,
928 F.3d 670, 676 (7th Cir. 2019) (“We interpret Rule 65(d)(1)(C) to require
than an injunction must be embodied in a standalone separate document”); City
of Chicago v. Sessions, 2018 WL 4268814, at *2 (7th Cir. Aug. 10, 2018).
Do not include an injunction in the body of a proposed order that covers
anything else. Every injunction should stand on its own.
An
injunction must not “refer[] to the complaint or other document” when
“describ[ing] in reasonable detail . . . the act or acts restrained
or required.” Fed. R. Civ. P. 65(d)(1)(C). An injunction should not incorporate
any other document by reference. See BankDirect Capital Finance, LLC v.
Capital Premium Financing, Inc., 912 F.3d 1054, 1057 (7th Cir. 2019); DuPuy
v. Samuels, 465 F.3d 757, 758 (7th Cir. 2006); MillerCoors, 920 F.3d
at 922 (noting that Rule 65(d)(1)(C) “requires every injunction to be set forth
without referring to any other document”).