Brennan v. Diaz et al

Filing 14

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 GRANTING 6 Motion for TRO; DENYING 13 Motion for Extension of Time; and ORDERING: 1) Defendants to appear by videoconference for Order to Show Cause Hearing, on 10/27/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller; 2) Opposition to Preliminary Injunction due by 10/20/2020; 3) Replies due by 10/23/2020; and 4) The TRO shall expire on 10/27/2020, absent further order of this court. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD WILLIAM BRENNAN,

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No. 2:20-CV-01403-KJM-DMC

Plaintiff,
v.

ORDER

RALPH DIAZ; CALIFORNIA
DEPARTMENT OF CORRECTIONS,
Defendants.

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Plaintiff moves for a temporary restraining order to prohibit defendants from

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continuing to impose parole conditions, supervising him through ankle monitoring, unwarranted

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searches and seizures, and restricting his ability to travel and engage in other lawful activities.

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ECF No. 6. Defendants did not oppose; the matter was submitted on the papers and defendants

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now request an extension of time to file opposition. ECF Nos. 8, 12 & 13. For the reasons

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discussed below, the court GRANTS plaintiff’s motion and DENIES defendant’s request, but sets

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the matter for hearing on whether a preliminary injunction should issue.

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I.

BACKGROUND
Defendant was released from prison on July 14, 2020. Legal Status Summary,

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ECF No. 7-2, at 1. His parole was scheduled to expire five years from July 14, 2014, on or about

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July 14, 2019. Id. On July 10, 2020, plaintiff filed his complaint against defendants asserting the
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following claims: (1) violation of due process under 42 U.S.C. § 1983; (2) unreasonable searches

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and seizures, 42 U.S.C. § 1983 and Cal. Civ. Code § 52.1; (3) negligence; and (4) false

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imprisonment, 42 U.S.C. § 1983 and Cal Civ. Code § 52.1. See generally Compl., ECF No. 1.

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On July 30, 2020, plaintiff filed the instant motion for a temporary restraining order and the

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following day, the court granted defendants fourteen days to file a response. Mot. for TRO

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(“TRO”), ECF No. 6; July 31 Min. Order, ECF No. 8. Noting defendants’ non-opposition,

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plaintiff requested the court grant his motion for TRO, ECF No. 11. On October 2, 2020, the

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court submitted the matter on the papers and on the same day defendants requested an extension

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of time to oppose plaintiff’s request. ECF No. 13.

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II.

TEMPORARY RESTRAINING ORDER

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A temporary restraining order may be issued upon a showing “that immediate and

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irreparable injury, loss, or damage will result to the movant before the adverse party can be heard

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in opposition.” Fed. R. Civ. P. 65(b)(1)(A). The purpose of such an order is to preserve the status

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quo and to prevent irreparable harm “just so long as is necessary to hold a hearing, and no

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longer.” Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439 (1974). In

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determining whether to issue a temporary restraining order, a court applies the factors that guide

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the evaluation of a request for preliminary injunctive relief: whether the moving party “is likely to

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succeed on the merits, . . . likely to suffer irreparable harm in the absence of preliminary relief,

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. . . the balance of equities tips in [its] favor, and . . . an injunction is in the public

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interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations

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omitted); see also Stuhlbarg Int’l. Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th

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Cir. 2001) (analysis for temporary restraining orders and preliminary injunctions “substantially

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identical”).

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The court finds the applicable standard is met, and plaintiff is entitled to a

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temporary restraining order. First, plaintiff has shown likely success on the merits of his

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constitutional violation claims based on prima facie evidence that plaintiff’s parole was scheduled

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/////

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to expire approximately fifteen months ago, five years from July 14, 2014, on or about July 14,

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2019. See Legal Status Summary at 1. Second, because plaintiff has made a prima facie showing

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of an alleged constitutional violation, he has made a proper initial showing that irreparable harm

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is imminent such that a temporary restraining order is necessary to preserve the status quo until

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this matter can be brought on for hearing on plaintiff’s motion for preliminary injunction. See

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Basank v. Decker, 449 F. Supp. 3d 205, 213 (S.D.N.Y. 2020) (“it is well-settled that an alleged

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constitutional violation constitutes irreparable harm”). Third, the balance of hardships tips

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strongly in plaintiff’s favor because defendants did not timely oppose plaintiff’s motion for TRO.

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Fourth, the public interest favors injunctions to protect an alleged constitutional violation.

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Accordingly, defendants are TEMPORARILY RESTRAINED as follows:

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1. The CDCR and its agents shall not, until further notice, subject plaintiff
Richard Brennan to parole conditions; and

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2. The above temporary restraining order shall be effective immediately and no

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bond is required at this time.
III.

ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

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Defendants are ORDERED to appear by videoconference, on October 27, 2020 at

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10 a.m. before the undersigned to show cause why a preliminary injunction should not be granted

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and why the temporary restraining order set forth above should not be extended such that

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defendants are restrained and enjoined pending trial.

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Any opposition papers to the requested injunction shall be filed with the Clerk no

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later than October 20, 2020, at 4:00 p.m., and, if any documents are submitted in camera and not

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filed via the CM/ECF system, those documents shall be served electronically on plaintiff’s

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counsel at that time.

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Any reply papers in support of the requested injunction shall be filed no later than

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October 23, 2020 at 4:00 p.m. and served by electronic delivery on defendants or their counsel at

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that time.

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The temporary restraining order granted here shall expire on October 27, 2020,
absent further order of this court.
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This order resolves ECF Nos. 6, 13.

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IT IS SO ORDERED.

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DATED: October 13, 2020.

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