FILED

NOT FOR PUBLICATION

APR 13 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BEYOND BLOND PRODUCTIONS, No. 21-55990 LLC, a California limited liability company, D.C. No. Plaintiff-counter- 2:20-cv-05581-DSF-GJS defendant-Appellee,

v. MEMORANDUM*

COMEDYMX, LLC, a Delaware limited liability company,

Defendant-counter-claim- 3rd-party-plaintiff- Appellant,

and

EDWARD HELDMAN III, an individual; COMEDYMX, INC., a Nevada corporation,

Defendants-counter-claim- 3rd-party-plaintiffs,

v.

MICHELLE JUSTICE,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Third-party-defendant.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted April 6, 2022 Pasadena, California

Before: SCHROEDER and GRABER, Circuit Judges, and McNAMEE,** District Judge.

CMX appeals the district court’s order denying its motion for a preliminary

injunction and request for reconsideration of the district court’s earlier order

granting a preliminary injunction in favor of Appellee Beyond Blond. We have

jurisdiction to review both orders because they are inextricably intertwined. See

Sierra On-Line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1418 n.4 (9th Cir.

1984).

We affirm. The district court correctly ruled that CMX does not have any

likelihood of success on the merits, and we agree with the reasons given by the

district court.

All pending motions are DENIED.

AFFIRMED.

** The Honorable Stephen M. McNamee, United States District Judge for the District of Arizona, sitting by designation. 2