Contest Promotions, LLC v. City and County of San Francis

FILED NOT FOR PUBLICATION APR 27 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CONTEST PROMOTIONS, LLC, No. 10-17788 Plaintiff - Appellee, D.C. No. 3:09-cv-04434-SI v. MEMORANDUM * CITY OF SAN FRANCISCO; COUNTY OF SAN FRANCISCO, Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding Submitted April 20, 2011 ** Before: RYMER, THOMAS, and PAEZ, Circuit Judges. The City and County of San Francisco appeals the district court's order granting preliminary injunctive relief in favor of Contest Promotions, LLC. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm. * 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). Our sole inquiry is whether the district court abused its discretion in granting preliminary injunctive relief. The Lands Council v. McNair, 537 F.3d 981, 986 (9th Cir. 2008); see Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 374 (2008) (listing factors for district court to consider); Sports Form, Inc. v. United Press Int’l., 686 F.2d 750, 752–53 (9th Cir. 1982) (explaining limited scope of review). We conclude the district court did not abuse its discretion. Accordingly, we affirm the district court's order granting injunctive relief in favor of Contest Promotions, LLC. AFFIRMED.