United States of America v. State of California et al

Filing 74

OPPOSITION by Xavier Becerra, Edmund Gerald Brown, Jr, State of California to 2 Motion for Preliminary Injunction. (Attachments: # 1 Proposed Order # 2 Declaration of Cherokee Melton)(Sherman, Lee) Modified on 5/7/2018 (Fabillaran, J).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 2:18-cv-00490-JAM-KJN THE UNITED STATES OF AMERICA, v. Plaintiff, [PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION 16 17 18 19 20 THE STATE OF CALIFORNIA; EDMUND GERALD BROWN JR., Governor of California, in his official capacity; and Judge: Honorable John A. Mendez XAVIER BECERRA, Attorney General of California, in his official capacity, Defendants. 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER DENYING PLNTF’S MOT. FOR PRELIMINARY INJUNCTION (2:18-cv-00490-JAM-KJN) 1 On March 6, 2018, Plaintiff United States of America filed a Motion for Preliminary 2 Injunction (“Motion”) (ECF No. 2). A hearing on the Motion was held on Wednesday, June 20, 3 2018, at 10:00 a.m. 4 The Court has considered the Motion and documents filed therewith, all of the papers on 5 file in this action, and the evidence and arguments presented at the hearing. Finding that Plaintiff 6 has not met their burden as to each of the necessary elements to issue a preliminary injunction, 7 the Court hereby DENIES Plaintiff’s Motion. In particular, the Court finds that the Plaintiff is 8 not likely to prevail on the merits of their claims; Plaintiff is not likely to suffer irreparable injury 9 absent the issuance of the preliminary injunction; that the balance of equities does not favor 10 Plaintiff; and that the required relief is not in the public interest. 11 IT IS HEREBY ORDERED that Plaintiff’s Motion is DENIED. 12 IT IS SO ORDERED. 13 14 15 Dated: ___________________________ __________________________ The Honorable John A. Mendez United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER DENYING PLNTF’S MOT. FOR PRELIMINARY INJUNCTION (2:18-cv-00490-JAM KJN) CERTIFICATE OF SERVICE Case Name: The United States of America v. The State of California, et al. No. 2:18-cv-00490-JAM-KJN I hereby certify that on May 4, 2018, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: [PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 4, 2018, at Sacramento, California. Tursun Bier Declarant LA2018500720 13075115.docx /s/ Tursun Bier Signature

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