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Feldman v. Mainella

United States Court of Appeals, Ninth Circuit
Feb 15, 2006
166 F. App'x 969 (9th Cir. 2006)

Opinion

Submitted February 13, 2006.

The panel unanimously finds this case suitable for decision without oral argument and therefore denies appellants' request for oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Yano L. Rubinstein, Esq., Rubinstein Law Group, San Francisco, CA, for Plaintiffs-Appellants.

Todd S. Aagaard, Esq., DOJ-U.S. Department of Justice, Washington, DC, Jonathan B. Klinck, Esq., USLA-Office of the U.S. Attorney, Los Angeles, CA, Scott Birkey, Esq., Andrew B. Sabey, Esq., Morrison & Foerster, LLP, Walnut Creek, CA, for Defendants-Appellees.


Appeal from the United States District Court for the Central District of California, Dickran M. Tevrizian, District Judge, Presiding. D.C. No. CV-05-04900-DT.

Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

We subject a district court's order regarding preliminary injunctive relief to only limited review. Walczak v. EPL Prolong, Inc., 198 F.3d 725, 730 (9th Cir.1999). Our review of an order regarding a preliminary injunction "is much more limited than review of an order involving a permanent injunction, where all conclusions of law are freely reviewable." Id. A decision regarding a preliminary injunction is reviewed for abuse of discretion, which occurs only if the district court based its decision on either an erroneous legal standard or clearly erroneous factual findings. Id.

The district court did not abuse its discretion here. See Martin v. Int'l Olympic Comm., 740 F.2d 670, 674-75 (9th Cir.1984). We therefore affirm the district court's order denying plaintiffs' motion for a preliminary injunction. Our disposition

Page 970.

will affect the rights of the parties only until the district court renders final judgment. Sports Form, Inc. v. United Press International, 686 F.2d 750, 752 (9th Cir.1982).

AFFIRMED.


Summaries of

Feldman v. Mainella

United States Court of Appeals, Ninth Circuit
Feb 15, 2006
166 F. App'x 969 (9th Cir. 2006)
Case details for

Feldman v. Mainella

Case Details

Full title:Richard M. FELDMAN, an individual; et al., Plaintiffs--Appellants, v. Fran…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 15, 2006

Citations

166 F. App'x 969 (9th Cir. 2006)

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