JAMES J. MCDERMOTT, Regional Director of Region 31 of the National Labor Relations… v. VERITAS HEALTH SERVICES, INC., DBA Chino Valley Medical Center

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES J. MCDERMOTT, Regional
Director of Region 31 of the National
Labor Relations Board, for and on
behalf of the National Labor Relations
Board; NATIONAL LABOR
RELATIONS BOARD,
Petitioners - Appellants,
v.
VERITAS HEALTH SERVICES, INC.,
DBA Chino Valley Medical Center,
Respondent - Appellee.
No. 11-56125
D.C. No. 2:11-cv-02852-PA-OP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Argued and Submitted February 7, 2012
Pasadena, California
Before: KOZINSKI, Chief Judge, O’SCANNLAIN and N.R. SMITH,
Circuit Judges.
FILED
FEB 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We review the denial of a temporary injunction for an abuse of discretion.
“An abuse of discretion will be found if the district court based its decision on an
erroneous legal standard or clearly erroneous finding of fact.” Alliance for the
Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011) (internal quotation
marks omitted).
The Regional Director has failed to show the district court abused its
discretion. The district court’s factual findings are not clearly erroneous and are
supported by the record. Moreover, the district court identified the correct legal
standards, and applied them in a reasonable manner. The district court therefore
did not abuse its discretion. See United States v. Hinkson, 585 F.3d 1247, 1262
(9th Cir. 2009) (en banc). Accordingly, we affirm the district court’s denial of the
temporary injunction.
AFFIRMED.

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