Golden Gate Pharmacy Services, Inc. et al v. Pfizer, Inc. et al

Filing 100

ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER FILED OCTOBER 16, 2009. Signed by Judge Maxine M. Chesney on December 2, 2009. (mmclc1, COURT STAFF) (Filed on 12/2/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is plaintiffs' "Application for Temporary Restraining Order and Order to Show Cause" ("October Application"), filed October 16, 2009. On October 30, 2009, defendants filed opposition. Thereafter, on November 20, 2009, plaintiffs filed an "Ex Parte Application for a Temporary Restraining Order and Order to Show Cause" ("November Application") and defendants, on November 20, 2009, filed opposition thereto. By order filed November 20, 2009, the Court denied the November Application, but stated it would consider, in ruling on the October Application, the evidence submitted in support of and in opposition to the November Application. Having read and considered the abovereferenced filings, the Court rules as follows. By order filed concurrently herewith, the Court has dismissed plaintiffs' First Amended Complaint, and, consequently, plaintiffs cannot establish they are likely to v. PFIZER, INC., and WYETH, Defendants / United States District Court GOLDEN GATE PHARMACY SERVICES, INC., d/b/a GOLDEN GATE PHARMACY, et al., Plaintiffs, No. C-09-3854 MMC ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER FILED OCTOBER 16, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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succeed on the merits of the claims in the First Amended Complaint. See Winter v. Natural Res. Def. Council, Inc., 129 S. Ct. 365, 374 (2008) (holding party seeking injunction "must establish," inter alia, it is "likely to succeed on the merits" of its claim). Accordingly, the October Application is hereby DENIED.1 IT IS SO ORDERED.

Dated: December 2, 2009

MAXINE M. CHESNEY United States District Judge

1

The December 4, 2009 hearing is hereby VACATED. 2