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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
K-S; LARRY SCHRADER, JODIANN K.
SCHRADER, individually and as guardian ad
litem for minor plaintiff K-S,
Plaintiffs,
v.
POINT SAN PABLO YACHT CLUB; INGRID
HOGAN; DOE BOARD MEMBERS 1-14; and
DOES 15-25, inclusive,
Defendants.
/
No. C 06-4020 SBA
ORDER DENYING PLAINTIFF'S EX
PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE RE
PRELIMINARY INJUNCTION
This matter comes before the Court on Plaintiffs' Ex Parte Application for Temporary
Restraining Order and Order to Show Cause re Preliminary Injunction [Docket No. 5]. Having read and
considered the papers submitted by Plaintiffs, the Court finds this matter appropriate for disposition
without a hearing.
Federal Rule of Civil Procedure 65(b) provides the district court with the authority to enter a
temporary restraining order. The court may grant such injunctive relief if the plaintiff has established:
(1) a likelihood of success on the merits and the possibility of immediate irreparable injury, or (2) the
existence of serious questions going to the merits and that the balance of hardships tips sharply in its
favor. Metro Publishing, Ltd. v. San Jose Mercury News, 987 F.2d 637, 639 (9th Cir. 1993); see also
Southwest Voter Registration Education Project v. Shelley, 344 F.3d 914 (9th Cir. 2003). The two
components of this test sit on a kind of sliding scale or "continuum," Southwest Voter, 344 F.3d at 918;
thus, "the less certain the district court is of the likelihood of success on the merits, the more plaintiffs
must convince the district court that the public interest and balance of hardships tip in their favor." Id.
In this case, Plaintiffs seek interim and permanent relief restraini