Barnett

Barnett v. Garrigan

Good Law
United States District Court, Northern District of CaliforniaMarch 24, 20223:20-cv-02585California321 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDREW BARNETT, et al., Case No. 20-cv-02585-VC

Plaintiffs, ORDER DENYING PLAINTIFFS' v. MOTION FOR PRELIMINARY

INJUNCTION

BERNARD GARRIGAN, et al., Re: Dkt. No. 129 Defendants.

The plaintiffs’ motion for a preliminary injunction is denied as the plaintiffs have not demonstrated that they are likely to succeed on the merits or that they are likely to suffer irreparable harm in the absence of injunctive relief. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008).1 1. Likelihood of Success on the Merits: The plaintiffs seek an order enjoining a defamation action pending in state court. The Anti-Injunction Act prohibits federal courts from enjoining state court proceedings “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. As the state action does not fall within any of these exceptions, this Court cannot issue the relief the plaintiffs seek. 2. Irreparable Harm: Even if the plaintiffs were likely to succeed on the merits, injunctive relief would…

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