Beyond Blond Productions, LLC v. Comedymx, LLC

FILED
NOT FOR PUBLICATION
APR 13 2022
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BEYOND BLOND PRODUCTIONS, No. 21-55990
LLC, a California limited liability
company,
D.C. No.
Plaintiff-counter- 2:20-cv-05581-DSF-GJS
defendant-Appellee,
v. MEMORANDUM*
COMEDYMX, LLC, a Delaware limited
liability company,
Defendant-counter-claim-
3rd-party-plaintiff-
Appellant,
and
EDWARD HELDMAN III, an individual;
COMEDYMX, INC., a Nevada
corporation,
Defendants-counter-claim-
3rd-party-plaintiffs,
v.
MICHELLE JUSTICE,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Third-party-defendant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Argued and Submitted April 6, 2022
Pasadena, California
Before: SCHROEDER and GRABER, Circuit Judges, and McNAMEE,** District
Judge.
CMX appeals the district court’s order denying its motion for a preliminary
injunction and request for reconsideration of the district court’s earlier order
granting a preliminary injunction in favor of Appellee Beyond Blond. We have
jurisdiction to review both orders because they are inextricably intertwined. See
Sierra On-Line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1418 n.4 (9th Cir.
1984).
We affirm. The district court correctly ruled that CMX does not have any
likelihood of success on the merits, and we agree with the reasons given by the
district court.
All pending motions are DENIED.
AFFIRMED.
**
The Honorable Stephen M. McNamee, United States District Judge
for the District of Arizona, sitting by designation.
2