Otr Wheel Engineering, Inc. v. West Worldwide Services, Inc.

MEMORANDUM

West Worldwide Services, Inc., and Samuel West (collectively “West”) appeal the district court’s order granting a preliminary injunction in favor of OTR Wheel Engineering, Inc., and affiliated plaintiffs (collectively “OTR”). We have jurisdiction under 28 U.S.C. § 1292 (a)(1). We review the district court’s order for abuse of discretion. See Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., 654 F.3d 989, 994 (9th Cir.2011). We therefore review the district court’s legal rulings de novo and its findings of fact for clear error. See Indep. Living Ctr. of S. Cal., Inc. v. Shewry, 543 F.3d 1050, 1055 (9th Cir.2008). We affirm the order granting a preliminary injunction but modify its terms.

A plaintiff who seeks a preliminary injunction must show “[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). If the balance of equities tips “sharply” in the plaintiffs favor, then a court may…