Ferguson

Ferguson v. Beckman

Good Law
136 F. App'x 73
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 05-15508California258 words

Opinion

Lead Opinion

MEMORANDUM **

A plaintiff is entitled to a preliminary injunction if he demonstrates either (1) a combination of probable success on the merits and the possibility of irreparable harm or (2) that serious questions are raised and the balance of hardships tips sharply in the plaintiff’s favor. See Prudential Real Estate Affiliates, Inc. v. PPR Realty, Inc., 204 F.3d 867, 874 (9th Cir. 2000) (describing the two formulations for the availability of preliminary injunctive relief).

The district court’s order granting a preliminary injunction contains insufficient findings to permit appellate review of whether the plaintiff satisfied that standard here. We therefore REMAND the case for the district court to set forth the factors that support its decision to grant the preliminary injunction. The prelimi *74 nary injunction will be vacated unless the district court issues the order setting forth such factors within sixty (60) days of this order. This court will not retain jurisdiction during this remand. A new appeal can be taken from such an order, issued on remand, setting forth the factors supporting the preliminary injunction.

REMANDED.

This disposition is not appropriate for…

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