1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DEANNA HUGHES, et al., 7 Case No. 4:23-cv-01063-YGR Plaintiffs, 8 ORDER DENYING PRELIMINARY v. INJUNCTION 9 CITY OF SAN RAFAEL, et al., Dkt. No. 2 10 Defendants. 11

12 On March 9, 2023, this Court granted plaintiffs’ request for a temporary restraining order 13 (TRO) enjoining defendants from removing plaintiffs from Albert Park until after a hearing could 14 be held on March 20 before this Court. (Dkt. No. 9.) Plaintiffs’ claims are based on defendants 15 alleged plan to forcibly remove them from Albert Park in San Rafael during a projected storm on 16 March 13, 2023. 17 The Court also ordered further briefing regarding preliminary injunctive relief. Given that 18 the alleged harm, removal on March 13, would pass before the Court could hold a preliminary 19 injunction hearing, it was not clear to the Court what, if any, injunctive relief plaintiffs sought. 20 Plaintiffs’ submitted briefing requesting various forms of relief, including that the city be enjoined 21 from sharing their personal information in violation of Welfare and Institutions Code section 22 10850(a), various relief related to the handling of plaintiffs’ property, and an extension of the TRO 23 to restrain defendants from moving their encampment until “there is certainty that the weather is 24 going to be clear.” (Dkt. No. 14 at 2.) 25 As addressed at the March 20 hearing, the relief sought goes beyond the allegations of the 26 complaint and thus beyond this Court’s injunctive authority. Cottonwood Env't L. Ctr. v. 27 Gianforte, No. 20-36125,

, at *2 (9th Cir. Mar. 2, 2022) (“While the district ] does not have the authority to issue an injunction based on claims not pled in the complaint.’’) 2 || (cleaned up) (quoting LA All. for Human Rights v. County of Los Angeles,

(9th 3 || Cir. 2021)). Further, the urgency upon which the original order was issued has passed and 4 || defendant has had an opportunity to respond. 5 Now THEREFORE, AND GOOD CAUSE APPEARING: 6 The Court hereby dissolves the temporary restraining order. The request for preliminary 7 || injunctive relief is DENIED. Plaintiffs may file an amended complaint by April 24, 2023. If they 8 do so, defendants shall file a response 30 days thereafter. If plaintiffs do not file an amended 9 || complaint, the Court will dismiss this action sua sponte.' 10 This terminates Docket No. 2. 11 IT IS SO ORDERED. a 12 Dated: March 20, 2023

2B 3 YVONNE GONZALEZ ROGERS 14 UNITED STATES DISTRICT COURT JUDGE

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Oo Z 18 19 20 21 22 23 24 25 26 27 28 ' Sua sponte means the Court will do so on its own, without further action by either party.