Opinion

Jeffrey Little v. Los Angeles County Fire Department

Court
District Court, C.D. California
Filed
May 30, 2024
Cited by
0 cases
Authority
More cited than 31.2%

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04353-JLS-PD Date: May 30, 2024

Title: Jeffrey Little v. Los Angeles County Fire Department et al

Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Charles Rojas N/A

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendant:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S EX PARTE APPLICATION FOR

TEMPORARY RESTRAINING ORDER (Doc. 12.)

Before the Court is Plaintiff Jeffrey Little’s ex parte application for a temporary

restraining order. (TRO, Doc. 12; Mem., Doc. 12-1.) For the reasons explained below,

Little’s ex parte application is DENIED WITHOUT PREJUDICE.

I. BACKGROUND

Plaintiff Little works in the Lifeguard Division of the Los Angeles County Fire

Department. (Compl., Doc. 1 ¶¶ 10, 15.) In March 2023, the Los Angeles County Board

of Supervisors passed a motion that, among other things, “[d]irected the Chief Executive

Officer to work with all County Departments to explore ways the Progress Pride Flag can

be shown at all county facilities.” (Id. ¶ 17.) The Fire Department implemented that

motion by issuing EA-231, a memorandum that requires the Progress Pride Flag to be

flown, where feasible, at Fire Department facilities during the month of June. (Id. ¶ 19.)

“The views commonly associated with the Progress Pride Flag . . . are in direct

conflict” with Little’s religious beliefs, and those beliefs dictate that Little cannot be

“responsible for raising the Progress Pride Flag.” (Id. ¶¶ 4, 23.) On May 24, 2024, Little

______________________________________________________________________________

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04353-JLS-PD Date: May 30, 2024

Title: Jeffrey Little v. Los Angeles County Fire Department et al

filed this action against the Fire Department and several Fire Department officials. (See

Compl.) Then on May 28, 2024, Little filed an ex parte application for a temporary

restraining order (“TRO”). (See TRO.) The TRO seeks to restrain Defendants from

requiring Little to: “(1) personally raise the Progress Pride Flag; or (2) ensure raising the

Progress Pride Flag.” (Id. ¶ 1; accord Proposed Order, Doc. 12-3 ¶ 1.)

In a declaration supporting the TRO application, Little’s counsel states and

attaches emails reflecting that Little had an interactive process meeting scheduled for

May 29, 2024, with a human resources officer to discuss a potential religious

accommodation. (Jonna Decl., Doc. 12-2 ¶ 7; Scheduling Emails, Ex. U to Doc. 12-2.)

The declaration also states that Little intends to have the TRO application “personally

serv[ed] . . . on the Los Angeles County Fire Department and the Los Angeles County

Counsel, and then fil[e] a proof of service showing when that was done.” (Id. ¶ 9.)

As of the evening of May 30, 2024, Little has not apprised the Court of the

outcome of his interactive process meeting with the human resources officer. Nor does

the docket show that the TRO application has been served on Defendants.

II. LEGAL STANDARD

Like a preliminary injunction, a temporary restraining order is “an extraordinary

remedy that may only be awarded upon a clear showing that the plaintiff is entitled to

such relief.” See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). To obtain

a TRO, a plaintiff “must establish [1] that he is likely to succeed on the merits, [2] that he

is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the

balance of equities tips in his favor, and [4] that [a TRO] is in the public interest.” Id.

This “requires the plaintiff to make a showing on all four prongs.” Alliance for the Wild

Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).

______________________________________________________________________________

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04353-JLS-PD Date: May 30, 2024

Title: Jeffrey Little v. Los Angeles County Fire Department et al

Under Federal Rule of Civil Procedure 65, the Court may issue a TRO without

notice to the Defendants only if (1) “specific facts in an affidavit or a verified complaint

clearly show that immediate and irreparable injury, loss, or damage will result to the

movant before the adverse party can be heard in opposition,” and (2) “the [movant]

certifies in writing any efforts made to give notice and the reasons why it should not be

required.” Fed. R. Civ. P. 65(b)(1).

III. ANALYSIS

Little’s TRO application is DENIED WITHOUT PREJUDICE.

First, the Court cannot conclude on the record before it that Little is “likely to

suffer irreparable harm in the absence of preliminary relief.” Winter, 555 U.S. at 22

(emphasis added). Of particular relevance, Little and his counsel had an interactive

process meeting with a human resources officer yesterday to discuss a potential religious

accommodation—a meeting that could moot Little’s request for preliminary relief.

(Jonna Decl. ¶ 7; Scheduling Emails.) But as of the time of this Order, Little has not

apprised the Court of the outcome of that meeting.

Second, as of the time of this Order, the docket does not reflect that Defendants

have been served with the TRO application. (See Jonna Decl. ¶ 9 (stating that Little had

not yet provided notice of the TRO and that he would “fil[e] a proof of serve showing

when that was done”).) Nor does Little attempt to meet the requirements of Rule 65 for

obtaining a TRO without notice to Defendants. See Fed. R. Civ. P. 65(b)(1).

IV. CONCLUSION

Little’s TRO application is DENIED WITHOUT PREJUDICE. Little may file a

renewed application if he (1) includes updated materials apprising the Court of the

outcome of the May 29, 2024, interactive process meeting, and (2) provides notice to

______________________________________________________________________________

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04353-JLS-PD Date: May 30, 2024

Title: Jeffrey Little v. Los Angeles County Fire Department et al

Defendants. If a renewed application is filed and served on Defendants, the Court will

afford Defendants 24 hours from the time of service to respond. (See Judge Staton

Procedures Page § 3.)

Initials of Deputy Clerk: cr

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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