Local Search Association v. City & County of San Francisco;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LOCAL SEARCH ASSOCIATION,
Plaintiff - Appellant,
v.
CITY & COUNTY OF SAN
FRANCISCO; et al.,
Defendants - Appellees.
No. 12-16082
D.C. No. 4:11-cv-02776-SBA
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Saundra B. Armstrong, District Judge, Presiding
Submitted August 8, 2012**
Before: ALARCÓN, BERZON and IKUTA, Circuit Judges.
In this interlocutory appeal, Local Search Association appeals the district
court’s stay and denial of its request for preliminary injunctive relief against the
City and County of San Francisco, its Board of Supervisors and Mayor in an action
FILED
AUG 13 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2 12-16082
challenging the constitutionality of City Ordinance 78-11. We have jurisdiction
under 28 U.S.C. § 1292(a)(1), and we reverse and remand.
The district court granted the City’s motion for a stay until 30 days after this
court decides Dex Media West, Inc. v. City of Seattle, Nos. 11-35399 & 11-35787
or October 15, 2012, whichever is earlier, conditioned on the City’s agreement to
postpone enforcement of the Ordinance. The district court also denied appellant’s
motion for a preliminary injunction without prejudice to renewal upon reopening
of the district court action.
We conclude that the district court abused its discretion by denying
preliminary injunctive relief without conducting the analysis required by Winter v.
Natural Resources Defense Council, 555 U.S. 7, 20 (2008). We remand this case
for the district court to apply the proper standard for determining whether
injunctive relief is warranted.
Appellant’s motion to expedite this appeal is denied as unnecessary.
REVERSED and REMANDED.

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