Anthony et al v. County of San Diego et al

Filing 11

ORDER Denying Request for Ex Parte Temporary Restraining Order (ECF No. 4 ). Signed by Chief District Judge Cynthia Bashant on 03/04/2025. (All non-registered users served via U.S. Mail Service)(mjw)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARIAN ANTHONY, JASMINE
JOHANESEN,

Case No. 25-cv-0310-BAS-MMP
ORDER DENYING REQUEST FOR
EX PARTE TEMPORARY
RESTRAINING ORDER

Plaintiffs,
v.
COUNTY OF SAN DIEGO, et al.,

(ECF No. 4)

Defendants.

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Before the Court is pro se Plaintiffs’ Marian Anthony (“Anthony”) and Jasmine

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Johanesen’s (“Johanesen”) (collectively, “Plaintiffs”) Ex Parte Request for a Temporary

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Restraining Order (“TRO”).

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Plaintiffs’ Request and the applicable law, the Court DENIES Plaintiff’s TRO Request.

(Request, ECF No. 4.)

Having carefully considered

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For a court to grant a TRO, the moving party must show: (1) a likelihood of success

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on the merits; (2) a likelihood of irreparable harm to the moving party in the absence of

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preliminary relief; (3) that the balance of equities tips in favor of the moving party; and

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(4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555

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U.S. 7, 20 (2008). Generally, a TRO is “an extraordinary remedy that may only be awarded

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upon a clear showing that the plaintiff is entitled to such relief.” Id. at 22. For a TRO to be

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granted ex parte, or without notice to the opposing party, the burden is even higher and

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“courts have recognized very few circumstances justifying the issuance of an ex parte

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TRO.” Reno Air Racing Ass’n. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006).

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Here, Plaintiffs request the TRO to “prohibit[] [the San Diego Sheriff’s Department

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from committing] further harassment, obstruction from filing any legal documents at any

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court, or clerk of court, prohibiting any searches, seizures, and wrongful arrests of the

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Plaintiff for a period of 5 years or until this matter is resolved by a Jury trail” (Request at

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8.)

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Plaintiffs’ Request does not fulfill Winter’s requirements. For instance, Plaintiffs

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allege “[t]here is substantial evidence of ongoing harassment and unlawful actions by the

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Sheriff’s Department that is overwhelming and extraordinary malicious in these above

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instances” and that this shows “a pattern and high-potential of continued abuse without

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strong medicine from this court being applied to arrest the misconduct,” Plaintiffs offer no

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facts showing harassment or unlawful actions that are ongoing or even recent. (Id. at 7–8.)

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Rather, Plaintiffs broadly assert that on February 3, 2025, one of the plaintiffs was “stalked,

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harassed, and terrorized by San Diego Sheriff’s Department Deputies” when attempting to

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file a “Brady Motion” in state court. (Id. at 5–6.) In support of these bare allegations,

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Plaintiffs assert that an incident report was generated regarding the interaction, and

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Plaintiffs cite to an “Exhibit J,” but no such “Exhibit J” is attached to either the TRO

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Request or the Complaint. (See generally ECF Nos. 1, 4.) Plaintiffs similarly do not support

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the bare allegations that in January 2025 the San Diego Sheriff’s Department was

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“identified by conclusive digital security and confirmation by ‘confirmation’ by Internal

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Affairs” as harassing, stalking, and profiling “the Plaintiff” (again, it is unclear to which

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plaintiff this statement refers). (Request at 5.)

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Additionally, Plaintiffs do not provide a reason for why this Court should grant a

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TRO against the County of San Diego without due notice to appear and defend against this

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action and Plaintiffs’ allegations. Without strong support for the “extraordinary remedy”

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of a TRO, the Court cannot grant it, and the request is hereby DENIED.

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IT IS SO ORDERED.

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DATED: March 4, 2025
Hon. Cynthia Bashant, Chief Judge
United States District Court

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