Ensambles Hyson, S.A de C.V. v. Sanchez
- Proceeding
- district
- Area
- civil
- Panel
- Janis L. Sammartino (author)
Analysis
The court considered Petitioners' Renewed Motion for a Preliminary Injunction and vacated the scheduled hearing on that motion. The court ordered that the matter be taken under submission without oral argument.
| What the court decided | The model |
|---|---|
Vacated the hearing on the Renewed Motion for Preliminary Injunction and took the matter under submission without oral argument.“On its own motion, the Court VACATES the hearing currently set for 1:30 p.m. on May 30, 2024, and takes this matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1).” | agree with court The decision to proceed without oral argument is a procedural matter within the court's discretion. The order cites the correct local rule and a Ninth Circuit case supporting the proposition that refusing oral testimony is not an abuse of discretion if parties have a full opportunity to submit written materials. The reasoning is sufficient for a procedural scheduling order. |
The order itself: sound — The order is a short procedural ruling that correctly cites the local rule and a relevant Ninth Circuit case to support the decision to proceed without oral argument. It does not address the merits of the preliminary injunction motion, which is appropriate for a scheduling order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ENSAMBLES HYSON, S.A. DE C.V.; Case No.: 23-CV-1887 JLS (KSC) RAIN BIRD CORPORATION; and RAIN 12 BIRD INTERNATIONAL, INC., ORDER VACATING HEARING ON 13 PETITIONERS’ RENEWED Petitioners, MOTION FOR PRELIMINARY 14 v. INJUNCTION 15 FRANCISCO JAVIER SANCHEZ, (ECF No. 16) 16 Respondent. 17 18 Presently before the Court is the Renewed Motion for a Preliminary Injunction 19 (“Mot.,” ECF No. 16) filed by Petitioners Ensambles Hyson, S.A. de C.V.; Rain Bird 20 Corporation; and Rain Bird International, Inc. (collectively, the “Petitioners”). On its own 21 motion, the Court VACATES the hearing currently set for 1:30 p.m. on May 30, 2024, and 22 takes this matter under submission without oral argument pursuant to Civil Local Rule 23 7.1(d)(1). See Stanley v. Univ. of S. Cal., 13 F.3d 1313, 1326 (9th Cir. 1994) (noting that 24 in the Ninth Circuit “the refusal to hear oral testimony at a preliminary injunction hearing 25 / / / 26 / / / 27 / / / 28 / / / 1 |/is not an abuse of discretion if the parties have a full opportunity to submit written 2 || testimony and to argue the matter’). 3 IT IS SO ORDERED. 4 ||Dated: May 23, 2024 janie: Lo erwaitee- 5 on. Janis L. Sammartino ‘ United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28