Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 5 of 14 On the morning of January 11, Parler filed its Complaint and the instant motion, seeking 1 2 ex parte a TRO from this Court prohibiting AWS from suspending services. Parler failed, 3 however, to provide the certification required under the Federal Rules, verifying that its counsel 4 made an effort to serve AWS notice of the motion, or in the alternative, why notice should not be 5 required. See Fed. R. Civ. P. 65(b)(1)(B); LCR 65. The Court therefore ordered Parler to provide 6 notice of its motion to AWS. Further, the Court set a briefing schedule. As directed, AWS filed 7 its opposition on January 12, and Parler filed a reply on January 13. On January 14, 2021, the 8 9 Court held a hearing on the motion by videoconference. The Court and the parties agree that the 10 motion for a temporary restraining order is now essentially one for a preliminary injunction, and 11 is ripe for this Court’s consideration. 12 III. 13 DISCUSSION A. Standard for Issuance of Preliminary Injunction 14 As courts have repeatedly emphasized, an injunction represents an “extraordinary 15 remedy” that is never awarded as a matter of right. See Winter v. Natural Res. Def. Council, 555 16 17 U.S. 7, 22 (2008). For a preliminary injunction to issue, the moving party has the burden of 18 demonstrating all four of the following elements: (1) that it is likely to succeed on the merits; (2) 19 that it is likely to suffer irreparable harm in the absence of preliminary relief; (3) that the balance 20 of equities tips in its favor; and (4) that an injunction serves the public interest. Winter, 555 U.S. 21 22 at 20. In the wake of Winter, in which the Supreme Court narrowed the path to an injunction, 23 24 25 the Ninth Circuit has maintained that a preliminary injunction “may also be appropriate if a movant raises ‘serious questions going to the merits’ and the ‘balance of hardships tips sharply towards’ it, as long as the second and third Winter factors are satisfied.” Disney Enters., Inc. v. 5