Case 1:23-cv-03026-TOR ECF No. 80 filed 04/07/23 PageID.2187 Page 26 of 31
- 1. Type of Relief
When the Court determines a preliminary injunction is warranted, “injunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.” Califano v. Yamasaki, 442 U.S. 682, 702 (1979). “The purpose of such interim equitable relief is not to conclusively determine the rights of the parties but to balance the equities as the litigation moves forward.” California v. Azar, 911 F.3d 558, 582 (9th Cir. 2018). In crafting a remedy, courts “need not grant the total relief sought by the applicant but may mold its decree to meet the exigencies of the particular case.” Trump v. Int’l Refugee Assistance Project, 137 S. Ct. 2080, 2087 (2017) (citation omitted).
“Ordinarily when a regulation is not promulgated in compliance with the APA, the regulation is invalid.” Paulsen v. Daniels, 413 F.3d 999, 1008 (9th Cir. 2005) (citation omitted). “The effect of invalidating an agency rule is to reinstate the rule previously in force.” Id. (citation omitted). “The scope of an injunction is within the broad discretion of the district court.” TrafficSchool.com, Inc. v. Edriver Inc., 653 F.3d 820, 829 (9th Cir. 2011).
First, the relief Plaintiffs seek by enjoining FDA from enforcing REMS is inconsistent. Compare ECF Nos. 3 at 37 (enjoining 2023 REMS) with 3-1 at 3 (enjoining REMS entirely). Enjoining REMS from mifepristone entirely is well beyond the status quo. Indeed, enjoining the 2023 REMS and returning to the
ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION ~ 26
