Geertson Seed Farms v. Johanns

The district court’s failure to conduct the requisite evidentiary hearing prevents me from joining the majority’s opinion. The majority correctly recognizes that the district court was required to conduct an evidentiary hearing before issuing a permanent injunction under Federal Rule of Civil Procedure 65 unless (1) the facts were undisputed; or (2) the adverse party expressly waived its right to an evidentiary hearing. Charlton v. Estate of Charlton, 841 F.2d 988, 989 (9th Cir.1988). Despite recognizing this clear precedent, the majority affirms the district court’s decision to proceed…