1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANIKA OKJE ERDMANN-BROWNING, Case No. 23-cv-04678-JST et al., 8 Plaintiffs, ORDER DENYING EX PARTE 9 MOTION FOR TEMPORARY v. RESTRAINING ORDER WITHOUT 10 PREJUDICE; DEFERRING RULING THOMAS J. VILSACK, et al., ON APPLICATION FOR 11 PROVISIONAL CLASS Defendants. CERTIFICATION; AND SETTING 12 HEARING ON MOTION FOR

PRELIMINARY INJUNCTION

13 Re: ECF Nos. 11, 12 14 Before the Court is Plaintiffs Anika Okje Erdmann-Browning and Jacqueline Benitez’s ex 15 parte application for provisional class certification, ECF No. 11, and ex parte motion for a 16 temporary restraining order and an order to show cause why a preliminary injunction should not 17 issue, ECF No. 12. 18 The Court denies the motion for temporary restraining order without prejudice and defers a 19 ruling on the motion for provisional class certification. Plaintiffs have not “clearly show[n] that 20 immediate and irreparable injury, loss, or damage will result to the movant before the adverse 21 party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1). Although Defendants submitted a 22 truncated response to Plaintiffs’ motion one day after that motion was filed, Defendants have not 23 yet had “reasonable notice and an opportunity to be heard,” Parcel Pending, Inc. v. Johanides, No. 24 SACV 21-01165-CJC(JDEx), 2021 WL 4913297, at *3 (C.D. Cal. July 13, 2021), and their 25 request for additional time to file a fuller response is justified under the circumstances. 26 The Court sets a hearing on Plaintiffs’ request for an injunction and motion for provisional 27 class certification on September 27, 2023 at 9:30 a.m. Defendants’ opposition is due September 1 20, 2023. Plaintiffs’ reply is due September 22, 2023. The Court also sets a case management 2 conference on September 19, 2023 at 9:30 a.m. 3 Unless the Court orders otherwise, both the motion hearing and the case management 4 || conference will proceed by Zoom. 5 IT IS SO ORDERED. 6 Dated: September 14, 2023 .

JON S. TIGA

8 nited States District Judge 9 10 ll a 12

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