Plaintiffs We the Patriots USA, Inc. and Jane Doe appealed a district court order denying their renewed emergency application for a temporary restraining order and preliminary injunction. The underlying dispute involves a challenge to actions by the Ventura Unified School District and various state officials. The district court denied the application three days after it was filed, ruling on procedural grounds because the filing was not a regularly noticed motion and was treated as an ex parte application. The plaintiffs argued that because their filing included the term 'preliminary injunction,' the court had denied that relief, but the district court maintained it was addressing only the TRO request.
The Ninth Circuit held that it lacked jurisdiction to hear the appeal. The court explained that orders ruling on TRO motions are typically not appealable. An exception exists only if the denial of a TRO is 'tantamount to the denial of a preliminary injunction.' This exception applies when the denial effectively decides the merits of the case, renders the plaintiffs' claims moot, or occurs after the TRO was strongly challenged in adversarial proceedings. The court found none of these hallmarks were present. The district court applied the legal standard for TRO applications, noted the lack of regular notice, and denied the motion on procedural grounds without full briefing or a hearing. Consequently, the order did not deprive the plaintiffs of the opportunity to seek a preliminary injunction. The court further clarified that the label attached to a motion does not control its substance; the substance of the motion controls its disposition. Since the plaintiffs' proposed order sought only a TRO, the inclusion of 'preliminary injunction' in the title did not transform the nature of the ruling.
The appeal is dismissed, and the district court's denial of the TRO stands. However, because the denial was procedural and did not resolve the merits, the plaintiffs are not barred from seeking a preliminary injunction in the district court. They may continue to pursue the merits of their case, provided they follow proper procedural requirements for such motions.
Podcast (federal-narrative-summaries): Play in new window | Download