Hispanic Affairs Project, et al v. Perez, et al

Filing 7

ORDER denying 1 Ex Parte Motion for a Temporary Restraining Order and Scheduling Briefing on Motion for Preliminary Injunction. Telephone Conference set for 9/24/2015 10:30 AM before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 8/19/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-01785-REB
HISPANIC AFFAIRS PROJECT,
RODOLFO LLACUA, and
JOHN DOE,
Plaintiffs,
v.
THOMAS E. PEREZ, in his official capacity as United States Secretary of Labor,
UNITED STATES DEPARTMENT OF LABOR, and
PORTIA WU, in her official capacity as Assistant Secretary, Employment and Training
Administration, United States Department of Labor,
Defendants.

ORDER DENYING EX PARTE MOTION FOR A TEMPORARY
RESTRAINING ORDER AND SCHEDULING BRIEFING
ON MOTION FOR PRELIMINARY INJUNCTION
Blackburn, J.
The matter before me is plaintiffs’ Ex Parte Motion for a Temporary
Restraining Order and/or Motion for Preliminary Injunction [#1],1 filed August 18,
2015. I deny the motion insofar as it seeks a temporary restraining order.2 On review of
the pleadings, nothing therein demonstrates the necessary imminent, irreparable injury
required to justify such extraordinary relief. See Heideman v. S. Salt Lake City, 348
F.3d 1182, 1189 (10th Cir. 2003).

1

“[#1]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

Moreover, plaintiffs’ request for ex parte issuance of such an order is moot, given that summons
have been served on defendants ([#6], filed August 19, 2015).

As for the motion for preliminary injunction, a scheduling order should be entered
to arrange, schedule, and coordinate the briefing and hearing, if any, necessary to
resolve this motion.
THEREFORE, IT IS ORDERED as follows:
1. That the motion for an ex parte temporary restraining order contained in
plaintiffs’ Ex Parte Motion for a Temporary Restraining Order and/or Motion for
Preliminary Injunction [#1], filed August 18, 2015, is denied;
2. That defendants shall file a response to the motion for preliminary injunction
by September 16, 2015;
3. That plaintiffs shall file a reply, if any, by September 23, 2015;
4. That the court shall conduct a telephonic motion setting hearing on
September 24, 2015, at 10:30 a.m. (MDT) to set this matter for hearing, if necessary;
provided, further, that counsel for plaintiffs shall arrange, initiate, and coordinate the
conference call to necessary to facilitate the setting conference.
Dated August 19, 2015, at Denver, Colorado.
BY THE COURT:

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