The temporary restraining order was denied and Chief Gascone's 45 sergeant promotions will go ahead as planned on Saturday.
The lawyers for 16 officers passed over for those promotions asked over for those promotions asked the judge for temporary restraining orders tonight, saying those being promoted are not qualified because they didn't take right test.
But the City Attorney, Dennis Herrera, said Chief Gascone did exactly what the Civil Service Commission ordered on a prior similar case.
The dispute stems from a move to make the department more diverse and those officers passed over feel betrayed by their own department.
"Some of these officers have worked with the city for 10, 20, 30 years and they invested their time, energy and loyalty in the department. They've been serving the public good and it is them that have been overlooked. They've been unfairly bypassed," said public services attorney Michele Rodriguez.
The judge asked both sides to come back to the courtroom on December 1st to argue again the in-depth arguments and more time for him and both sides to absorb these arguments and make their responses. So while these proposals may be going on tomorrow, they might not stick.