Upload
alan-beck
View
217
Download
0
Embed Size (px)
Citation preview
8/10/2019 Facebook TRO Order
1/3
8/10/2019 Facebook TRO Order
2/3
8/10/2019 Facebook TRO Order
3/3
1
2
3
45
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
citations omitted). Additionally, injunctive relief that seeks to alter the status quo, like
the mandatory injunction Plaintiff seeks here, is subject to heightened scrutiny and
should not be issued unless the facts and law clearly favor the moving party.Dahl v.
HEM Pharm. Corp., 7 F.3d 1399, 1403 (9th Cir. 1993).Significantly, although Plaintiff indicates he has provided notice of the
Application to Defendants, the Application fails to explain why this Court should take
any action against Defendants without providing Defendants a fair opportunity to be
heard on Plaintiffs Application or why Plaintiff waited almost two months to take any
action on conduct he was aware of as early as September 3, 2014. The urgency of
Plaintiffs TRO request seems to be of his own making and the Court is unwilling to
impose a mandatory injunction on Defendants without an opportunity to be heard when
Plaintiff waited until the last minute to take action.
Accordingly, Plaintiffs request for a TRO is DENIED. However, the Court
orders Defendants to file a response to Plaintiffs request for a preliminary injunction
not to exceed 25 pages, on or beforeNovember 14, 2014. Plaintiff may file a Reply
brief, not to exceed 10 pages, on or before November 18, 2014. The matter is set for
hearing on November 21, 2014 at 9:30 a.m.
As Defendants have not yet appeared in this action, Plaintiffs shall serve a copy
of this Order on Defendants immediately.
IT IS SO ORDERED.
DATED: November 3, 2014
Hon. Roger T. BenitezUnited States District Judge
- 3 - 14cv2564
Case 3:14-cv-02564-BEN-KSC Document 9 Filed 11/04/14 Page 3 of 3