Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 14 of 42
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GARCIA V. GOOGLE
The district court’s order denying Garcia’s motion for a
preliminary injunction is reviewed for abuse of discretion.
Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131
(9th Cir. 2011). Because our review is deferential, “[w]e will
not reverse the district court where it ‘got the law right,’ even
if we ‘would have arrived at a different result,’ so long as the
district court did not clearly err in its factual determinations.”
Id. (internal citation omitted).
The Supreme Court has emphasized that preliminary
injunctions are an “extraordinary remedy never awarded as of
right.” Winter v. NRDC, 555 U.S. 7, 24 (2008). The district
court correctly identified that Garcia must satisfy Winter’s
four-factor test. “A plaintiff seeking a preliminary injunction
must show that: (1) she is likely to succeed on the merits,
(2) she is likely to suffer irreparable harm in the absence of
preliminary relief, (3) the balance of equities tips in her favor,
and (4) an injunction is in the public interest.” Farris v.
Seabrook, 677 F.3d 858, 864 (9th Cir. 2012) (citing Winter,
555 U.S. at 20).
The first factor under Winter is the most important—
likely success on the merits. Aamer v. Obama, 742 F.3d
1023, 1038 (D.C. Cir. 2014) (“We begin with the first and
most important factor: whether petitioners have established
a likelihood of success on the merits.”). Because it is a
threshold inquiry, when “a plaintiff has failed to show the
likelihood of success on the merits, we ‘need not consider the
remaining three [Winter elements].’” Ass’n des Eleveurs de
Canards et d’Oies du Quebec v. Harris, 729 F.3d 937, 944
(9th Cir. 2013) (quoting DISH Network Corp. v. F.C.C.,
653 F.3d 771, 776–77 (9th Cir. 2011)).
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