Opinion
No. 11-56125 D.C. No. 2:11-cv-02852-PA-OP
02-24-2012
JAMES J. MCDERMOTT, Regional Director of Region 31 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board; NATIONAL LABOR RELATIONS BOARD, Petitioners - Appellants, v. VERITAS HEALTH SERVICES, INC., DBA Chino Valley Medical Center, Respondent - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Pasadena, California
Before: KOZINSKI, Chief Judge, O'SCANNLAIN and N.R. SMITH, Circuit Judges.
We review the denial of a temporary injunction for an abuse of discretion. "An abuse of discretion will be found if the district court based its decision on an erroneous legal standard or clearly erroneous finding of fact." Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011) (internal quotation marks omitted).
The Regional Director has failed to show the district court abused its discretion. The district court's factual findings are not clearly erroneous and are supported by the record. Moreover, the district court identified the correct legal standards, and applied them in a reasonable manner. The district court therefore did not abuse its discretion. See United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc). Accordingly, we affirm the district court's denial of the temporary injunction.
AFFIRMED.