Meamber v. Javlin One, LLC

Filing 17

ORDER denying Plaintiff's 8 Motion for TRO signed by Judge Richard A Jones. (TH)

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1 HONORABLE RICHARD A. JONES 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 TIMOTHY MEAMBER, 11 Plaintiff, 12 14 ORDER v. 13 CASE NO. C17-1628 RAJ JAVLIN ONE LLC, Defendant. 15 16 17 This matter comes before the Court on Plaintiff Timothy Meamber’s motion for 18 temporary restraining order. Dkt. # 8. Defendant Javlin One LLC (“Javlin” or 19 “Defendant”) opposes the motion. Dkt. # 14. 20 To obtain preliminary injunctive relief, Plaintiff must “establish that he is likely to 21 succeed on the merits, that he is likely to suffer irreparable harm in the absence of 22 preliminary relief, that the balance of equities tips in his favor, and that an injunction is in 23 the public interest.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 24 (2008). The standard for a temporary restraining order is substantially the same. 25 - Yes on 8 v. Courage Campaign, 680 F. Supp. 2d 1225, 1228 26 (E.D. Cal. 2010) (citing Winter); Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 27 ORDER- 1 1 F.3d 832, 839 n.7 (9th Cir. 2001) (noting that preliminary injunction and temporary 2 restraining order standards are “substantially identical”). 3 Plaintiff did not meet his burden to obtain a temporary restraining order. Plaintiff 4 has not shown that he will suffer irreparable harm. In his motion, Plaintiff concedes that 5 any monetary award from his settlement would remain in a trust account. Dkt. # 8 at 2. 6 Therefore, there does not appear to be an urgency for these funds, nor does it appear that 7 Plaintiff could not be made whole should he receive a monetary judgment in this matter. 8 This is enough to preclude the Court from issuing a temporary restraining order. 9 Because a temporary restraining order is “an extraordinary remedy [that is] never 10 awarded as of right,” the Court concludes that granting the motion is inappropriate in this 11 context. See Winter, 555 U.S. at 24. Accordingly, the Court DENIES Plaintiff’s motion. 12 Dkt. # 8. 13 14 Dated this 20th day of November, 2017. 15 A 16 17 The Honorable Richard A. Jones United States District Judge 18 19 20 21 22 23 24 25 26 27 ORDER- 2

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