Joseph J. Upchurch, Mark William Shelley, and Anthony Tofani v. James Williams and Robert Williams

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH J. UPCHURCH, et al., Case No. 2:25-cv-02203-CSK 12 Plaintiffs, 13 v. ORDER DENYING PLAINTIFFS’ MOTION

FOR PRELIMINARY INJUNCTION,

14 JAMES WILLIAMS, et al., GRANTING DEFENDANTS’ MOTION TO

DISMISS, AND DENYING PLAINTIFFS’

15 Defendants. DISQUALIFICATION MOTION 16 (ECF Nos. 10, 12, 20) 17 18 Pending before the Court are Plaintiffs Joseph J. Upchurch, Mark William Shelley, 19 and Anthony Tofani’s motion for a preliminary injunction (ECF No. 10); Defendants 20 James Williams and Robert Williams’s motion to dismiss (ECF No. 12); and Plaintiffs’ 21 motion to disqualify Defendants’ attorney (ECF No. 20).1 Plaintiffs are appearing without 22 counsel. A hearing was held on October 28, 2025. Plaintiffs Upchurch, Shelley, and 23 Tofani appeared at the hearing without counsel. Attorney David Rosenfeld appeared as 24 counsel for Defendants. (ECF No. 36.) 25 For the reasons that follow, the Court DENIES Plaintiffs’ motion for…