Narrative Opinion Summary
The prior Memorandum filed on January 11, 2001, has been withdrawn, and a new Memorandum is to be filed in its stead. The appeal concerns the denial of a preliminary injunction, falling under Ninth Circuit Rule 3-3. Jurisdiction is established under 28 U.S.C. § 1292(a)(1). The court affirms the district court's decision, noting that its review of preliminary injunctive relief is limited compared to that of permanent injunctions. The standard for review is for abuse of discretion, defined as decisions based on erroneous legal standards or clearly erroneous factual findings. The court concludes that the district court did not abuse its discretion in denying the preliminary injunction, thus affirming the decision. The disposition is not for publication and cannot be cited by courts within this circuit except as allowed by 9th Cir. R. 36-3.
Legal Issues Addressed
Abuse of Discretion Standardsubscribe to see similar legal issues
Application: The court determines that the district court did not make decisions based on erroneous legal standards or clearly erroneous factual findings, thus did not abuse its discretion.
Reasoning: The standard for review is for abuse of discretion, defined as decisions based on erroneous legal standards or clearly erroneous factual findings.
Appellate Jurisdiction under 28 U.S.C. § 1292(a)(1)subscribe to see similar legal issues
Application: The court establishes its jurisdiction to review the denial of a preliminary injunction under the statute that allows for interlocutory appeals concerning injunctions.
Reasoning: Jurisdiction is established under 28 U.S.C. § 1292(a)(1).
Non-Publication and Citation Restrictions under 9th Cir. R. 36-3subscribe to see similar legal issues
Application: The disposition of the case is not for publication and cannot be cited by courts within the circuit, except as allowed by specific rules.
Reasoning: The disposition is not for publication and cannot be cited by courts within this circuit except as allowed by 9th Cir. R. 36-3.
Preliminary Injunctions under Ninth Circuit Rule 3-3subscribe to see similar legal issues
Application: The appeal involves the denial of a preliminary injunction, which falls under the jurisdictional purview of Ninth Circuit Rule 3-3.
Reasoning: The appeal concerns the denial of a preliminary injunction, falling under Ninth Circuit Rule 3-3.
Standard of Review for Preliminary Injunctionssubscribe to see similar legal issues
Application: The court uses an 'abuse of discretion' standard to review the district court's denial of preliminary injunctive relief, with a more limited scope compared to permanent injunctions.
Reasoning: The court affirms the district court's decision, noting that its review of preliminary injunctive relief is limited compared to that of permanent injunctions.