Opinion
2:24-cv-01115-JHC
07-31-2024
ILYANA KHANLAROVA, Plaintiff, v. KING COUNTY SUPERIOR COURT, et al., Defendants.
ORDER
John H. Chun United States District Judge
The Court submits this order to explain the basis for its ruling at Dkt. # 7.
Pro se Plaintiff, Ilyana Khanlarova, brings this action against King County Superior Court, a judge of that court, and an administrator there. Dkt. # 2.
1. The motion fails for lack of notice
Plaintiff requests emergency injunctive relief. Id. But she does not provide any indication that she notified Defendants about the motion. See Fed.R.Civ.P. 65(b)(1); LCR 65(b)(1). Nor does she provide a sworn statement to explain that lack of notice should be excused. See Fed.R.Civ.P. 65(b)(1); LCR 65(b)(1). Lack of notice here is an independent ground for denial of the motion.
2. The motion does not show a likelihood of success on the merits
The legal standards for a preliminary injunction and a TRO are “substantially identical.” Stuhlbarg Int'l Sales Co v. John D. Brush & Co., Inc., 240 F.3d 832, 839 n.7 (9th Cir. 2001). To obtain a TRO, a plaintiff must show that (1) they are “likely to succeed on the merits”; (2) they are “likely to suffer irreparable harm in the absence of” a TRO; (3) “the balance of equities tips in [their] favor”; and (4) a TRO “is in the public interest.” Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127(9th Cir. 2009) (quoting Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)) (called the Winter factors). The purpose of a TRO “is to preserve the status quo and prevent irreparable harm[.]” Jones v. H.S.B.C. (USA), 844 F.Supp.2d 1099, 1100 (S.D. Cal. 2012).
The motion does not explain how Plaintiff can bring her claims against the Superior Court, a judge, and an administrator-much less how she is likely to prevail on the merits against them. This is also an independent and separate ground for denial of the motion.
3. Conclusion
Given the foregoing, the Court denied Plaintiff's Motion for Emergency Injunctive Relief, Dkt. # 2, and struck as moot Plaintiff's Motion for Same Day Emergency Oral Argument/Hearing with a Judge, Dkt. # 5.