Calence, LLC v. Dimension Data Holdings, PLC

MEMORANDUM **

Plaintiff-appellant Calence, LLC brought suit in district court alleging multiple claims, including tortious interference, misappropriation of trade secrets, unfair competition and breach of contract and fiduciary duties. Calence now brings this interlocutory appeal from the district court’s denial of a preliminary injunction. We affirm.

*566 I. District Court’s Decision to Not Consider Portions of Calence’s Briefing and Attached Documents

The district court did not abuse its discretion in refusing to consider the argument contained in prior briefing regarding the temporary restraining order that Calence attempted to incorporate by reference into its motion for a preliminary injunction in violation of local page limits. See Swanson v. U.S. Forest Service, 87 F.3d 339 , 345 (9th Cir.1996); see also W.D. Wash. Civ. R. 7(e)(3). Nor was the district court obliged to independently examine and consider materials attached to the motion as evidence of irreparable injury if it was not directed to them as such in a properly filed legal argument. Cf. Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026 , 1029 (9th Cir.2001).

The district court did not err by declining to…