Federal Trade Commission v. Trek Alliance, Inc.

MEMORANDUM **

These consolidated preliminary injunction appeals come to us under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

The district court did not abuse its discretion in issuing a preliminary injunction with asset freeze, appointment of a permanent receiver, and other equitable relief in its order filed June 24, 2003. FSLIC v. Sahni, 868 F.2d 1096, 1097 (9th Cir.1989) (reviewing decision regarding a preliminary injunction for abuse of discretion and holding that the proper standard for the district court to apply in deciding to issue a preliminary injunction freezing assets is likelihood of success on the merits and a possibility of dissipation). The June 24, 2003, order is therefore AFFIRMED.

We do not resolve whether the district court would, consistent with Fed.R.Civ.P. 62(c), have had jurisdiction during the pendency of the appeal from the June 24, 2003, order to grant any of the requests *119 for relief contained in the defendants’ motion to modify the preliminary injunction, because we conclude that the district court did not abuse its discretion in deciding that modification of the June 24, 2003, order was not…