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Brown University v. Zimet

United States District Court, C.D. California

November 15, 2017

BROWN UNIVERSITY In Providence in the State of Rhode Island and Providence Plantations, Plaintiff,
v.
GARY ZIMET, Defendant.

          AMENDED PRELIMINARY INJUNCTION

          GEORGE H. WU, U.S. DISTRICT JUDGE.

         Brown University (“Plaintiff”) has sued Gary Zimet (“Defendant”) in connection with Zimet's possession of, and plan to auction off, the Student File of John F. Kennedy, Jr. (“JFK, Jr.”), that was compiled while he was an applicant and student at the University. (Docket Nos. 1-2.) On October 19, 2017, Plaintiff applied for a temporary restraining order to prevent Defendant from “selling, transferring or otherwise alienating any document in his possession, custody, or control that was once owned by Brown University, ” including the JFK, Jr. Student File. (Docket Nos. 11-17.) The Court granted the request, finding Plaintiff had satisfied both the traditional injunctive relief test and the Ninth Circuit's alternative “sliding scale” test. (Docket Nos. 18-19.)

         The Court set a briefing schedule and a hearing to determine whether the temporary restraining order should be converted into a preliminary injunction. (Docket No. 19.) Plaintiff served Defendant with the Summons and Complaint (and other materials, including the temporary restraining order and materials related thereto) on October 22, 2017. (Docket No. 20.) Defendant filed an opposition brief. (Docket No. 21.) Plaintiff filed a reply brief and evidentiary objections. (Docket Nos. 23-24.) On November 2, 2017, following argument of counsel, the Court granted Plaintiff's request for preliminary injunction for the reasons stated in its tentative ruling which was adopted as the Court's final ruling. (Docket No. 25.)

         FINDINGS

         Pursuant to Fed.R.Civ.P. 65 and Local Rule 65, and after consideration of the Verified Complaint, Brown University's Application for Preliminary Injunction, and all other papers filed herein, it appears to the satisfaction of the Court that:

(1) The Summons, Complaint, Temporary Restraining Order, and other pleadings and papers were properly served on Defendant.
(2) This Court has jurisdiction over the subject matter of this case, and personal jurisdiction over Defendant.
(3) Venue lies properly with this Court.
(4) The Complaint states a claim upon which relief can be granted, and Plaintiff has the authority to seek the relief it has requested.
(5) Plaintiff is likely to prevail on the merits of this action.
(6) The documents at issue are unique and bear both intrinsic and historical value.
(7) There is a substantial likelihood that the documents will be transferred, sold or otherwise disposed of before the Court has an opportunity to hear evidence at a trial on the merits of ownership unless the Court enters the Injunctive relief Plaintiff seeks.
(8) If that happens, Plaintiff will suffer irreparable harm that will not be capable of compensation by simple money damages.
(9) Defendant will not be harmed if the status quo is maintained until the trial on the ...

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