Filed: May 24, 2016
Latest Update: May 24, 2016
Summary: ORDER DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER Re: Dkt. No. 3 RICHARD SEEBORG , District Judge . "The standard for issuing a temporary restraining order is identical to the standard for issuing a preliminary injunction." Lockheed Missile & Space Co. v. Hughes Aircraft Co., 887 F.Supp. 1320 , 1323 (N.D. Cal. 1995). "A plaintiff seeking a preliminary injunction must establish," among other things, "that he is likely to suffer irreparable harm in the absence of preliminary relie
Summary: ORDER DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER Re: Dkt. No. 3 RICHARD SEEBORG , District Judge . "The standard for issuing a temporary restraining order is identical to the standard for issuing a preliminary injunction." Lockheed Missile & Space Co. v. Hughes Aircraft Co., 887 F.Supp. 1320 , 1323 (N.D. Cal. 1995). "A plaintiff seeking a preliminary injunction must establish," among other things, "that he is likely to suffer irreparable harm in the absence of preliminary relief..
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ORDER DENYING APPLICATION FOR TEMPORARY RESTRAINING ORDER
Re: Dkt. No. 3
RICHARD SEEBORG, District Judge.
"The standard for issuing a temporary restraining order is identical to the standard for issuing a preliminary injunction." Lockheed Missile & Space Co. v. Hughes Aircraft Co., 887 F.Supp. 1320, 1323 (N.D. Cal. 1995). "A plaintiff seeking a preliminary injunction must establish," among other things, "that he is likely to suffer irreparable harm in the absence of preliminary relief." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).
DS-Concept has not shown this likelihood of irreparable harm. "[E]conomic injury alone does not support a finding of irreparable harm," Rent-A-Ctr., Inc. v. Canyon Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir. 1991), and DS-Concept's alleged injury is purely economic. DS-Concept contends that it has an interest in Pecorino cheese under the defendant's control, and that this cheese cannot be sold in the absence of a TRO. If the cheese is not sold, DS-Concept will lose money. But "monetary injury is not normally considered irreparable." L.A. Mem'l Coliseum Comm'n v. Nat'l Football League, 634 F.2d 1197, 1202 (9th Cir. 1980).
If DS-Concept ultimately prevails on its claims, it can recover damages for the lost value of its cheese. Because DS-Concept might be able to recover damages later, it cannot obtain equitable relief now. Accordingly, the application for a temporary restraining order is denied.1
IT IS SO ORDERED.
