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NOT FOR PUBLICATION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,

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.