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Chris Lusby Taylor, Nancy A. Pepple- Gonsalves, Gary Kesselman, Susan Swinton, Dawn E. Struck, and v. John Chiang

June 11, 2012

CHRIS LUSBY TAYLOR, NANCY A. PEPPLE- GONSALVES, GARY KESSELMAN, SUSAN SWINTON, DAWN E. STRUCK, AND
ON BEHALF OF THEMSELVES AND OTHER PERSONS AND FOR PRELIMINARY INJUNCTION SIMILARLY SITUATED, HEARING:
PLAINTIFFS,
v.
JOHN CHIANG, IN HIS CAPACITY AS CONTROLLER OF THE STATE OF (THE HONORABLE JOHN A. MENDEZ) CALIFORNIA, AND STEVE WESTLY,
INDIVIDUALLY, DEFENDANTS.



The opinion of the court was delivered by: The Honorable John Mendez United States District Court Judge

ORDER DENYING WILLIAM J. PALMER PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER

Date: May 30, 2012 Time: 10:00 a.m. Courtroom: 6

Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction came on for hearing on May 30, 2012, at 10:00 a.m. in Courtroom 6 of the United States District Court, Eastern District, the Honorable John A. Mendez, presiding. Plaintiffs Chris Lusby Taylor, et al. appeared by and through their counsel, Robert A. Buccola, C. Brooks Cutter, Lori M. Porter, and William W. Palmer. Defendants John Chiang, et al. appeared by and through their counsel, Robin B. Johansen and Margaret R. Prinzing of Remcho, Johansen & Purcell, LLP.

The hearing arose from plaintiffs' motion for Temporary Restraining Order and for Preliminary Injunction, which plaintiffs filed on May 15, 2012 and defendants opposed. Prior to filing that motion, plaintiffs had filed a Motion for Leave to Amend First Amended Complaint, which defendants opposed and which was scheduled to be heard on June 13, 2012. In addition, defendants had filed a Motion for Protective Order and Request for Rule 16 Conference and Scheduling Order and plaintiffs had filed a Motion to Compel Discovery, both of which the Court had previously ordered the parties to re-notice for hearing before the Honorable Gregory G. Hollows. At the May 30, 2021 hearing, the Court heard plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction, and in addition held a status conference.

The Court, having reviewed the record, having read and considered the supporting and opposing points and authorities, and having heard and considered the arguments of counsel, and good cause appearing, finds and orders as follows:

1. Defendants' Request for Judicial Notice in Support of Opposition to Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction is GRANTED.

2. The Court finds that the requirements for a temporary restraining order have not been met. Specifically, plaintiffs have not demonstrated the likelihood that they will suffer irreparable injury if preliminary relief is not granted. Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction is therefore DENIED.

3. The Court declines to set a hearing on plaintiffs' Motion for a Preliminary Injunction.

4. Plaintiffs requested to withdraw their Motion for Leave to Amend First Amended Complaint in order to draft a new complaint with new plaintiffs and allegations. Plaintiffs will file a new Motion for Leave to Amend First Amended Complaint. Consequently, the hearing and motion scheduled for June 13, 2012 are hereby VACATED.

5. It is hereby ordered that discovery in this matter is STAYED until further notice and that the discovery motions that had been ordered to be re-noticed before the Honorable Gregory G. Hollows are hereby VACATED.

6. The parties shall comply with the following page limits in subsequent filings with this Court: Opening and opposition briefs shall be no more than 25 pages, and reply briefs shall be no more than 10 pages.

John A. Mendez

Approved as to ...


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