The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 ANIKA OKJE ERDMANN-BROWNING, Case No. 23-cv-04678-JST
et al.,
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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
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Re: ECF Nos. 11, 12
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Before the Court is Plaintiffs Anika Okje Erdmann-Browning and Jacqueline Benitez’s ex
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parte application for provisional class certification, ECF No. 11, and ex parte motion for a
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temporary restraining order and an order to show cause why a preliminary injunction should not
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issue, ECF No. 12.
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The Court denies the motion for temporary restraining order without prejudice and defers a
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ruling on the motion for provisional class certification. Plaintiffs have not “clearly show[n] that
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immediate and irreparable injury, loss, or damage will result to the movant before the adverse
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party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1). Although Defendants submitted a
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truncated response to Plaintiffs’ motion one day after that motion was filed, Defendants have not
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yet had “reasonable notice and an opportunity to be heard,” Parcel Pending, Inc. v. Johanides, No.
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SACV 21-01165-CJC(JDEx), 2021 WL 4913297, at *3 (C.D. Cal. July 13, 2021), and their
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request for additional time to file a fuller response is justified under the circumstances.
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The Court sets a hearing on Plaintiffs’ request for an injunction and motion for provisional
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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
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