Chamber of Commerce of the United States of America v. City of Seattle et al
Filing
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ORDER denying Plaintiff's 67 Motion for Injunction Pending Appeal, signed by Judge Robert S. Lasnik. (SWT)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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_______________________________________
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CHAMBER OF COMMERCE OF THE
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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THE CITY OF SEATTLE, et al.,
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Defendants.
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_______________________________________)
No. C17-0370RSL
ORDER DENYING MOTION FOR
INJUNCTION PENDING APPEAL
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This matter comes before the Court on “Plaintiff’s Motion for Injunction Pending
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Appeal” in the above-captioned matter. Dkt. # 67. Having reviewed the memoranda submitted
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by the parties, the Court finds as follows:
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The standard for evaluating an injunction pending appeal is similar to that employed
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when deciding whether to grant a preliminary injunction. Feldman v. Ariz. Sec. of State’s
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Office, 843 F.3d 366, 367 (9th Cir. 2016). In order to obtain preliminary injunctive relief,
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plaintiff must establish “that he is likely to succeed on the merits, that he is likely to suffer
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irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor,
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and that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, 555 U.S. 7,
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20 (2008). In the Ninth Circuit, “if a plaintiff can only show that there are serious questions
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going to the merits – a lesser showing than likelihood of success on the merits – then a
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preliminary injunction may still issue if the balance of hardships tips sharply in the plaintiff’s
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ORDER DENYING MOTION FOR
INJUNCTION PENDING APPEAL
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favor, and the other two Winter factors are satisfied.” Shell Offshore, Inc. v. Greenpeace, Inc.,
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709 F.3d 1281, 1291 (9th Cir. 2013) (internal quotation marks omitted, emphasis in original).
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Both of these formulations apply to the issue at hand and require the Court to balance plaintiff’s
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likelihood of success on the merits and the relative hardships to the parties. Se. Alaska
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Conservation Council v. U.S. Army Corps of Eng’rs, 472 F.3d 1097, 1100 (9th Cir. 2006).
Plaintiff offers a simplistic analysis, namely that an injunction pending appeal is
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warranted because the Court previously entered a preliminary injunction in this case. The
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balance of merits and hardships is not stagnant, however. The preliminary injunction was
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entered on expedited briefing and within days of oral argument. The novelty of the Ordinance
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and the complexity of the antitrust claim convinced the Court maintaining the status quo was
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appropriate until a more careful and rigorous review of the issues could be completed. That
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review revealed that the antitrust claim lacked merit: the serious questions the Court perceived
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have been resolved in the City’s favor, and plaintiff makes no attempt to establish error or
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otherwise show a likelihood of success on appeal. With regard to the balance of hardships, a
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motion to dismiss was pending when the preliminary injunction issued: any delay in enforcing
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the Ordinance would either prove to be justified or would be terminated within a matter of
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months. A stay pending the outcome of an appeal that has just been filed, in contrast, would
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likely prevent enforcement of the Ordinance for over a year. The legislative enactment at issue is
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intended to promote the safety and reliability of a vital part of the state’s transportation system.
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The Court finds that the public’s interest in these goals weighs heavily against the requested
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injunction and is not counterbalanced by whatever harm may arise from the disclosures required
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by the Ordinance.
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//
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ORDER DENYING MOTION FOR
INJUNCTION PENDING APPEAL
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For all of the foregoing reasons, the Court finds that the Chamber has failed to establish a
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likelihood of success on the merits or that the balance of interests justifies the requested
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injunctive relief. The motion for an injunction pending appeal is, therefore, DENIED.
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Dated this 24th day of August, 2017.
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Robert S. Lasnik
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United States District Judge
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ORDER DENYING MOTION FOR
INJUNCTION PENDING APPEAL
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