Millennium Health, LLC v. David Barba

FILED

NOT FOR PUBLICATION

OCT 7 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MILLENNIUM HEALTH, LLC, No. 21-35314

Plaintiff-Appellee, D.C. No. 3:20-cv-02035-HZ

v.

MEMORANDUM*

DAVID BARBA; JUSTIN MONAHAN,

Defendants-Appellants,

and

NEPENTHE LABORATORY

SERVICES, LLC,

Defendants.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted September 2, 2021 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: RAWLINSON and BYBEE, Circuit Judges, and CARDONE,** District Judge.

Appellants David Barba and Justin Monahan appeal the district court’s order

granting Millennium Health, LLC’s motion for a preliminary injunction. We

review the district court’s issuance of a preliminary injunction for an abuse of

discretion. Adidas Am., Inc. v. Skechers USA, Inc., 890 F.3d 747, 753 (9th Cir.

2018). The district court abuses its discretion “if its decision is based on…