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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Case No. 2:18-cv-00490-JAM-KJN
THE UNITED STATES OF AMERICA,
v.
Plaintiff, [PROPOSED] ORDER DENYING
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
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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.
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[PROPOSED] ORDER DENYING PLNTF’S MOT. FOR PRELIMINARY INJUNCTION (2:18-cv-00490-JAM-KJN)
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On March 6, 2018, Plaintiff United States of America filed a Motion for Preliminary
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Injunction (“Motion”) (ECF No. 2). A hearing on the Motion was held on Wednesday, June 20,
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2018, at 10:00 a.m.
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The Court has considered the Motion and documents filed therewith, all of the papers on
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file in this action, and the evidence and arguments presented at the hearing. Finding that Plaintiff
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has not met their burden as to each of the necessary elements to issue a preliminary injunction,
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the Court hereby DENIES Plaintiff’s Motion. In particular, the Court finds that the Plaintiff is
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not likely to prevail on the merits of their claims; Plaintiff is not likely to suffer irreparable injury
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absent the issuance of the preliminary injunction; that the balance of equities does not favor
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Plaintiff; and that the required relief is not in the public interest.
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IT IS HEREBY ORDERED that Plaintiff’s Motion is DENIED.
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IT IS SO ORDERED.
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Dated: ___________________________
__________________________
The Honorable John A. Mendez
United States District Judge
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[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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