NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
MAR 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
GEMCAP LENDING I, LLC, a Delaware No. 15-56267
limited liability company
D.C. No. 2:13-CV-5504-SJO
Plaintiff - Appellant,
MEMORANDUM*
v.
CROP USA INSURANCE AGENCY,
INC., an Idaho corporation
Defendant,
and
CGB DIVERSIFIED SERVICES, Inc., a
Louisiana Corporation, DBA Diversified
Crop Insurance Services,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Argued and Submitted May 9, 2016
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Before: CLIFTON and IKUTA, Circuit Judges, and BLOCK, Senior District
Judge.**
GemCap Lending I, LLC (“GemCap”) appeals the district court’s dissolution
of a preliminary injunction preventing CGB Diversified Services (“Diversified”) from
disbursing certain monies (the “enjoined funds”). We affirm.
“A district court has inherent authority to modify a preliminary injunction in
consideration of new facts.” A&M Records, Inc. v. Napster, Inc., 284 F.3d 1091, 1098
(9th Cir. 2002) (citing Sys. Fed’n No. 91 v. Wright, 364 U.S. 642, 647-48 (1961)). We
review a district court’s decision to dissolve a preliminary injunction for abuse of
discretion. U.S. Philips Corp. v. KBC Bank N.V., 590 F.3d 1091, 1093 (9th Cir.
2010).
When the district court first issued the preliminary injunction, it stated that the
injunction would remain in effect “until this Court determines the lawful recipient(s)
of” the enjoined funds. Subsequently, the district court dismissed all of GemCap’s
claims against Diversified, and GemCap settled additional claims with other
defendants. The only remaining causes of action in this case are against an individual
defendant who has no claim to the enjoined funds. Accordingly, as the district court
noted, this case was no longer a “proper vehicle” for determining who the lawful
**
The Honorable Frederic Block, Senior United States District Judge for
the Eastern District of New York, sitting by designation.
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recipient of the enjoined funds is. This change in circumstances is sufficient for us to
determine that the district court did not abuse its discretion by dissolving the
preliminary injunction.
Although GemCap notes that it has not yet had the opportunity to appeal the
dismissal of its claims against Diversified, the preliminary injunction only prevented
Diversified from disbursing certain monies. In the event this Court later reverses the
district court and reinstates GemCap’s claims, a legal remedy will be sufficient to
make GemCap whole. See L.A. Mem’l Coliseum Comm’n v. Nat’l Football League,
634 F.2d 1197, 1202 (9th Cir. 1980) (“It is well established . . . that . . . monetary
injury is not normally considered irreparable.”).
AFFIRMED.
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