Berlin v. City and County of San Francisco et al

Filing 14

ORDER by Judge James Donato denying #12 Motion for TRO; denying #2 Motion for Preliminary Injunction; denying #2 Motion for TRO (lrcS, COURT STAFF) (Filed on 2/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONICA BERLIN,
Plaintiff,

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v.

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,

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United States District Court
Northern District of California

Case No. 15-cv-06046-JD

Defendants.

ORDER DENYING PLAINTIFF'S
MOTIONS FOR TEMPORARY
RESTRAINING ORDER AND/OR
PRELIMINARY INJUNCTION
Re: Dkt. Nos. 2, 12

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The Court previously denied plaintiff’s request for a temporary restraining order for failure

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to sufficiently establish the immediate nature of her injury (as is required by Rule 65(b) of the

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Federal Rules of Civil Procedure), but deferred consideration of her request for a preliminary

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injunction pending service of and notice to defendants. See Dkt. Nos. 2, 9.

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Plaintiff has subsequently filed an amended complaint (Dkt. No. 10) which, among other

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things, names a different set of defendants than those named in the initial complaint. The Court

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consequently terminates plaintiff’s original motion for preliminary injunction (Dkt. No. 2) on that

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basis.

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After filing her amended complaint, plaintiff filed a new “motion for temporary restraining

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order and/or preliminary injunction.” Dkt. No. 12. But that motion, too, does not sufficiently

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establish the immediate nature of plaintiff’s injury as required by Rule 65(b). The Court denies

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the motion.

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IT IS SO ORDERED.
Dated: January 28, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONICA BERLIN,

Case No. 15-cv-06046-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on February 1, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Monica Berlin
1 Bloom Lane, #1207
Half Moon Bay, CA 94019

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Dated: February 1, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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