Case 3:19-cv-00134-CAB-NLS Document 23 Filed 06/18/19 PageID.

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6 UNITED STATES DISTRICT COURT
7 SOUTHERN DISTRICT OF CALIFORNIA
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9 B & L PRODUCTIONS, INC., d/b/a Case No.: 3:19-cv-0134-CAB-NLS
CROSSROADS OF THE WEST, et al.,
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Plaintiffs, ORDER RE MOTION TO DISMISS
11 AND MOTION FOR SUMMARY
v. JUDGMENT AND SETTING
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DISCOVERY SCHEDULE
22nd DISTRICT AGRICULTURAL
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ASSOCIATION, et al.,
14 Defendants. [Doc. No. 12]
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16 The purpose of this order is to memorialize the preliminary injunction and the
17 discovery schedule issued at the hearing on June 17, 2019. A reasoned opinion will follow
18 in due course.
19 As stated at the hearing, Defendants’ motion to dismiss is GRANTED IN PART
20 and DENIED IN PART. Specifically, the motion to dismiss is granted as to the individual
21 defendants and denied as to the 22nd District Agricultural Association (the “District”).
22 Plaintiffs’ request that the Court enter summary judgment for Plaintiffs is also DENIED
23 WITHOUT PREJUDICE.
24 At the same time, based on the evidence and argument contained in the briefing, the
25 Court finds that Plaintiffs have established that they are likely to succeed on the merits
26 against the District, that they are likely to suffer irreparable harm in the absence of
27 preliminary relief, that the balance of the equities tip in their favor, and that an injunction
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1 is in the public interest. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20
2 (2008) (listing the requirements for a preliminary injunction). Accordingly, Plaintiffs are
3 entitled to preliminary injunctive relief, rather than the permanent injunctive relief they
4 sought in their request for summary judgment in their favor. Specifically, the District is
5 ENJOINED from enforcing the policy it adopted on September 11, 2018, pursuant to
6 which it refused to allow any gun show events to be held at the Del Mar Fairgrounds during
7 the 2019 calendar year. Thus, upon request by Plaintiff B & L Productions, Inc., d/b/a
8 Crossroads of the West (“B&L”), the District must make available the next available date
9 for a gun show and allow B&L to reserve dates for gun show events (and to hold such
10 events) at the Fairgrounds as the District would any other show promoters who have
11 previously held events at the Fairgrounds. This preliminary injunction will remain in effect
12 until further order of the Court.
13 It is further ORDERED as follows:
14 1. Discovery in this matter shall begin immediately with a deadline of August 16,
15 2019;
16 2. Motion(s) for summary judgment shall be filed on or before August 29, 2016.
17 Oppositions shall be filed on or before September 12, 2019, and replies shall be
18 filed on or before September 19, 2019; and,
19 3. A hearing on any motions for summary judgment is set for September 26, 2019
20 at 10:00 a.m.
21 It is SO ORDERED.
22 Dated: June 18, 2019
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