Case 5:17-cv-06064-LHK Document 54 Filed 03/26/18 Page 27 of 27
Plaintiff filed a motion for a preliminary injunction based on its causes of action for (1)
United States District Court
Northern District of California
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violation of the First Amendment; (2) violation of Article I, section 2 of the California
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Constitution; (3) violation of the Unruh Act; (4) violation of the UCL; and (5) breach of the
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implied covenant of good faith and fair dealing. ECF No. 24 at 2. However, the Court has already
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dismissed the entirety of Plaintiff’s complaint with leave to amend. Thus, Plaintiff has not shown
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that Plaintiff is “likely to succeed on the merits” of its claims. Winter v. Natural Res. Def.
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Council, 555 U.S. 7, 20 (2008). As a result, the Court DENIES without prejudice Plaintiff’s
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motion for a preliminary injunction. See Physician’s Surrogacy, Inc. v. German, 2017 WL
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3622329, * 12 (S.D. Cal. Aug. 23, 2017) (denying without prejudice motion for preliminary
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injunction because the court dismissed without prejudice all federal claims and declined to
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exercise supplemental jurisdiction over the state law claims); Shames v. Hertz Corp., 2008 WL
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11318291, *5 (S.D. Cal. Apr. 8, 2008) (same).
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IV.
CONCLUSION
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For the foregoing reasons, the Court GRANTS Defendants’ motion to dismiss Plaintiff’s
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federal causes of action with leave to amend, DISMISSES Plaintiff’s state law claims with leave
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to amend, and DENIES Plaintiff’s motion for a preliminary injunction without prejudice. Should
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Plaintiff elect to file an amended complaint curing the deficiencies identified herein, Plaintiff shall
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do so within thirty days of this Order. Failure to meet this thirty-day deadline or failure to cure the
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deficiencies identified herein will result in a dismissal with prejudice of the deficient claims.
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Plaintiff may not add new causes of action or parties without leave of the Court or stipulation of
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the parties pursuant to Federal Rule of Civil Procedure 15.
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IT IS SO ORDERED.
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Dated: March 26, 2018
______________________________________
LUCY H. KOH
United States District Judge
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Case No. 17-CV-06064-LHK
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FEDERAL CAUSES OF ACTION;
DISMISSING PLAINTIFF’S STATE LAW CAUSES OF ACTION; AND DENYING PLAINTIFF’S MOTION FOR
A PRELIMINARY INJUNCTION