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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD WILLIAM BRENNAN, 12 13 14 15 No. 2:20-CV-01403-KJM-DMC Plaintiff, v. ORDER RALPH DIAZ; CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendants. 16 17 Plaintiff moves for a temporary restraining order to prohibit defendants from 18 19 continuing to impose parole conditions, supervising him through ankle monitoring, unwarranted 20 searches and seizures, and restricting his ability to travel and engage in other lawful activities. 21 ECF No. 6. Defendants did not oppose; the matter was submitted on the papers and defendants 22 now request an extension of time to file opposition. ECF Nos. 8, 12 & 13. For the reasons 23 discussed below, the court GRANTS plaintiff’s motion and DENIES defendant’s request, but sets 24 the matter for hearing on whether a preliminary injunction should issue. 25 26 I. BACKGROUND Defendant was released from prison on July 14, 2020. Legal Status Summary, 27 ECF No. 7-2, at 1. His parole was scheduled to expire five years from July 14, 2014, on or about 28 July 14, 2019. Id. On July 10, 2020, plaintiff filed his complaint against defendants asserting the 1 1 following claims: (1) violation of due process under 42 U.S.C. § 1983; (2) unreasonable searches 2 and seizures, 42 U.S.C. § 1983 and Cal. Civ. Code § 52.1; (3) negligence; and (4) false 3 imprisonment, 42 U.S.C. § 1983 and Cal Civ. Code § 52.1. See generally Compl., ECF No. 1. 4 On July 30, 2020, plaintiff filed the instant motion for a temporary restraining order and the 5 following day, the court granted defendants fourteen days to file a response. Mot. for TRO 6 (“TRO”), ECF No. 6; July 31 Min. Order, ECF No. 8. Noting defendants’ non-opposition, 7 plaintiff requested the court grant his motion for TRO, ECF No. 11. On October 2, 2020, the 8 court submitted the matter on the papers and on the same day defendants requested an extension 9 of time to oppose plaintiff’s request. ECF No. 13. 10 II. TEMPORARY RESTRAINING ORDER 11 A temporary restraining order may be issued upon a showing “that immediate and 12 irreparable injury, loss, or damage will result to the movant before the adverse party can be heard 13 in opposition.” Fed. R. Civ. P. 65(b)(1)(A). The purpose of such an order is to preserve the status 14 quo and to prevent irreparable harm “just so long as is necessary to hold a hearing, and no 15 longer.” Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439 (1974). In 16 determining whether to issue a temporary restraining order, a court applies the factors that guide 17 the evaluation of a request for preliminary injunctive relief: whether the moving party “is likely to 18 succeed on the merits, . . . likely to suffer irreparable harm in the absence of preliminary relief, 19 . . . the balance of equities tips in [its] favor, and . . . an injunction is in the public 20 interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations 21 omitted); see also Stuhlbarg Int’l. Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th 22 Cir. 2001) (analysis for temporary restraining orders and preliminary injunctions “substantially 23 identical”). 24 The court finds the applicable standard is met, and plaintiff is entitled to a 25 temporary restraining order. First, plaintiff has shown likely success on the merits of his 26 constitutional violation claims based on prima facie evidence that plaintiff’s parole was scheduled 27 ///// 28 2 1 to expire approximately fifteen months ago, five years from July 14, 2014, on or about July 14, 2 2019. See Legal Status Summary at 1. Second, because plaintiff has made a prima facie showing 3 of an alleged constitutional violation, he has made a proper initial showing that irreparable harm 4 is imminent such that a temporary restraining order is necessary to preserve the status quo until 5 this matter can be brought on for hearing on plaintiff’s motion for preliminary injunction. See 6 Basank v. Decker, 449 F. Supp. 3d 205, 213 (S.D.N.Y. 2020) (“it is well-settled that an alleged 7 constitutional violation constitutes irreparable harm”). Third, the balance of hardships tips 8 strongly in plaintiff’s favor because defendants did not timely oppose plaintiff’s motion for TRO. 9 Fourth, the public interest favors injunctions to protect an alleged constitutional violation. 10 Accordingly, defendants are TEMPORARILY RESTRAINED as follows: 11 1. The CDCR and its agents shall not, until further notice, subject plaintiff Richard Brennan to parole conditions; and 12 2. The above temporary restraining order shall be effective immediately and no 13 14 15 bond is required at this time. III. ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 16 Defendants are ORDERED to appear by videoconference, on October 27, 2020 at 17 10 a.m. before the undersigned to show cause why a preliminary injunction should not be granted 18 and why the temporary restraining order set forth above should not be extended such that 19 defendants are restrained and enjoined pending trial. 20 Any opposition papers to the requested injunction shall be filed with the Clerk no 21 later than October 20, 2020, at 4:00 p.m., and, if any documents are submitted in camera and not 22 filed via the CM/ECF system, those documents shall be served electronically on plaintiff’s 23 counsel at that time. 24 Any reply papers in support of the requested injunction shall be filed no later than 25 October 23, 2020 at 4:00 p.m. and served by electronic delivery on defendants or their counsel at 26 that time. 27 28 The temporary restraining order granted here shall expire on October 27, 2020, absent further order of this court. 3 1 This order resolves ECF Nos. 6, 13. 2 IT IS SO ORDERED. 3 DATED: October 13, 2020. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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