Jared Ryan Milgrim v. Elain Levy et al
Filing
32
MINUTES (IN CHAMBERS) DENYING EX PARTE APPLICATION FOR PERMANENT INJUNCTION, PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER DOC. NO. #30 by Judge Virginia A. Phillips. The Court finds that Plaintiff has not established any of conditions necessary togrant a temporary restraining order, preliminary injunction, or permanent injunction. Plaintiff's application provides few facts and, to the extent it addresses the Wintersfactors, offers only legal conclusions. Accordingly, the Application is DENIED, without prejudice to Plaintiff filing a properly noticed Motion requesting relief. (lom)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:19-cv-07087-VAP-AS
Date October 8, 2019
Title Jared Ryan Milgrim v. Elain Levy et al
Present: The Honorable
VIRGINIA A. PHILLIPS, CHIEF UNITED STATES DISTRICT JUDGE
BEATRICE HERRERA
Not Reported
Deputy Clerk
Court Reporter
Attorney(s) Present for Plaintiff(s):
Attorney(s) Present for Defendant(s):
None Present
None Present
Proceedings:
MINUTE ORDER (IN CHAMBERS) DENYING EX PARTE APPLICATION FOR
PERMANENT INJUNCTION, PRELIMINARY INJUNCTION AND TEMPORARY
RESTRAINING ORDER [DOC. NO. 30 ]
On October 7, 2019, Plaintiff Jared Milgram filed an Ex Parte Application for a
Permanent Injunction, Preliminary Injunction, and Temporary Restraining Order, asking
the Court to enjoin Defendant Elain Levy from releasing a video recording allegedly
involving Plaintiff. (Doc. No. 8).
Plaintiff fails to establish why he seeks this relief on an ex parte basis, which is
appropriate only in the face of “real urgency.” In re Intermagnetics Am., Inc., 101 B.R.
191, 194 (C.D. Cal. 1989). Both the Federal Rules of Civil Procedure and the Local
Rules of this Court “contemplate that noticed motions should be the rule” because
noticed motions “provide a framework for the fair, orderly, and efficient resolution of
disputes.” Id. at 193. Ex parte applications throw this system “out of whack.” Id.
Accordingly, absent a showing that “bypassing the regular noticed motion procedure is
necessary,” an ex parte filing is procedurally improper. Mission Power Eng’g Co. v.
Cont’l Cas. Co., 883 F. Supp. 488, 492-93 (C.D. Cal. 1995). To justify ex parte relief,
the moving party must show (1) that his “cause will be irreparably prejudiced if the
underlying motion is heard according to regular noticed motion procedures,” and (2) that
he is “without fault in creating the crisis that requires ex parte relief, or that the crisis
occurred as a result of excusable neglect.” Id. Plaintiff has not established either of
these criteria, nor has he complied with the requirements of Local Rule 7-19, such as
serving notice on opposing parties.
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Additionally, Plaintiff has not met the standard for issuing a temporary restraining
order. The purpose of a temporary restraining order is to preserve the status quo and
prevent irreparable harm until a hearing may be held on the propriety of a preliminary
injunction. See Reno Air Racing Association, Inc. v. McCord, 452 F.3d 1126, 1131 (9th
Cir. 2006). The standard for issuing a TRO is identical to the standard for issuing a
preliminary injunction. Lockheed Missile & Space Co., Inc. v. Hughes Aircraft Co., 887
F. Supp. 1320, 1323 (N.D. Cal. 1995). “A plaintiff seeking a preliminary injunction must
establish that he is likely to succeed on the merits, that he is likely to suffer irreparable
harm in the absence of preliminary relief, that the balance of the equities tips in his
favor, and that an injunction is in the public interest.” Winter v. Natural Resources
Defense Council, Inc., 555 U.S. 7, 20 (2008). In this Circuit, a plaintiff may obtain a
preliminary injunction upon a lesser showing of the merits if the balance of hardships
tips “sharply” in his favor, and he has satisfied the other two Winter requirements. See
Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011). “A
preliminary injunction is an extraordinary and drastic remedy . . . ; it is never awarded as
of right.” Munaf v. Green, 553 U.S. 674, 689-90 (2007) (citations omitted).
The Court finds that Plaintiff has not established any of conditions necessary to
grant a temporary restraining order, preliminary injunction, or permanent injunction.
Plaintiff’s application provides few facts and, to the extent it addresses the Winters
factors, offers only legal conclusions. (See, e.g., Doc. No. 30, 2 at ¶ 2).
Accordingly, the Application is DENIED, without prejudice to Plaintiff filing a
properly noticed Motion requesting relief.
IT IS SO ORDERED.
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