Narrative Opinion Summary
The case is dismissed as moot due to a district court order from June 23, 2006, which addressed the materials relevant to the Appellant's claims regarding the preliminary injunction ruling. Citing Dream Palace v. County of Maricopa, the court states that if an event occurs during an appeal that prevents effective relief to a prevailing party, the appeal becomes moot and must be dismissed. The dismissal is without prejudice, allowing the Appellant to seek reconsideration of the preliminary injunction in the district court. Each party will bear its own appeal costs, and a certified copy of this Order serves as the mandate of the court. Publication of this disposition is prohibited except as allowed under 9th Cir. R. 36-3.
Legal Issues Addressed
Costs on Appealsubscribe to see similar legal issues
Application: The court decides that each party will bear its own costs on appeal.
Reasoning: Each party will bear its own appeal costs.
Dismissal Without Prejudicesubscribe to see similar legal issues
Application: The case is dismissed without prejudice, allowing the appellant to seek reconsideration of the preliminary injunction in the district court.
Reasoning: The dismissal is without prejudice, allowing the Appellant to seek reconsideration of the preliminary injunction in the district court.
Mandate of the Courtsubscribe to see similar legal issues
Application: A certified copy of the court's order serves as the mandate of the court.
Reasoning: A certified copy of this Order serves as the mandate of the court.
Mootness Doctrine in Appealssubscribe to see similar legal issues
Application: The court applies the mootness doctrine, stating that the appeal must be dismissed if an event occurs during the appeal that prevents effective relief to a prevailing party.
Reasoning: Citing Dream Palace v. County of Maricopa, the court states that if an event occurs during an appeal that prevents effective relief to a prevailing party, the appeal becomes moot and must be dismissed.
Publication Restrictionssubscribe to see similar legal issues
Application: The court prohibits the publication of its disposition except as allowed under specific circuit rules.
Reasoning: Publication of this disposition is prohibited except as allowed under 9th Cir. R. 36-3.