Patient One v. Unitedhealth Group, Inc.

Good Law
583 F. App'x 800
United States Court of Appeals for the Ninth CircuitJuly 25, 201413-57105California324 words

Opinion

Opinion

MEMORANDUM

Patients One and Two (Patients) appeal the district court’s order denying their mo tion for a mandatory preliminary injunction and dismissing Patient Two for mis-joinder under Rule 20 of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) to review the denial of a preliminary injunction, and we review for abuse of discretion. See Toyo Tire Holdings of Americas Inc. v. Continental Tire N. Am., Inc., 609 F.3d 975, 979 (9th Cir.2010). We lack jurisdiction to review the district court’s order of dismissal for misjoinder, a nonfinal order.

1. The district court did not abuse its discretion in denying the requested mandatory preliminary injunction. Mandatory preliminary injunctions are highly disfavored and require a showing of an injury that cannot be compensated for in money damages. See Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 879 (9th Cir.2009). Patients failed to meet this requirement, given that the injuries of which they complain are essentially economic in nature and could be cured by an award of money damages. See id.

2. We only have jurisdiction to review final decisions. See 28 U.S.C. § 1291…

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