State of California v. Phillip Del Rosa, et al.

Summary

The United States District Court for the Eastern District of California denies defendants’ motion for reconsideration of an order finding Darren Rose in contempt of a preliminary injunction concerning cigarette deliveries under the PACT Act. The court concludes that defendants did not establish clear error, an intervening change in controlling law, newly discovered evidence, or manifest injustice, and explains that Bracker balancing had already been addressed in the preliminary-injunction proceedings.

Holdings

1. Reconsideration was unwarranted because defendants did not identify newly discovered evidence, clear error, manifest injustice, or an intervening change in controlling law.
2. The court was not required to reengage in Bracker balancing when finding Rose in contempt because the court had already considered Bracker in issuing the preliminary injunction, and the affirmed injunction clearly prohibited the conduct at issue.

Questions Presented

1. Whether defendants established a basis for reconsideration of the contempt order under the standards governing newly discovered evidence, clear error or manifest injustice, or an intervening change in controlling law.
2. Whether the district court was required to reengage in Bracker balancing when determining whether Rose violated an already-issued and affirmed preliminary injunction.

Disposition

other