Restis

DISCUSSION

17 A preliminary injunction is “an extraordinary remedy never awarded as of right.” 18 Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008); see Earth Island Inst. v. 19 Carlton, 626 F.3d 462, 469 (9th Cir. 2010) (“[P]laintiffs seeking a preliminary injunction 20 face a difficult task in proving that they are entitled to this ‘extraordinary remedy.’”) 21 (quoting Winter, 555 U.S. at 24). It is “a device for preserving the status quo and 22 preventing the irreparable loss of rights before judgment.” Sierra On-Line, Inc. v. Phoenix 23 Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984). “The grant or denial of a motion for 24 a preliminary injunction lies within the discretion of the district court.” Johnson v. 25 California State Bd. of Accountancy, 72 F.3d 1427, 1429 (9th Cir. 1995). 26 In Winter, the Supreme Court held that a plaintiff seeking a preliminary injunction 27 must establish “[1] that he is likely to succeed on the merits, [2] that he is likely to suffer 28 1 || irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in favor, and [4] that an injunction is in the public interest.” …