Fehrenbach v. Department of the Air Force et al

Filing 2

APPLICATION for Temporary Restraining Order and Preliminary Injunction ( Responses due by 9/7/2010)M Andrew Woodmansee, Jessica A Roberts, James J Cekola, Aramide O Fields appearing for Plaintiff Victor J Fehrenbach. (Attachments: # 1 Memorandum of Points and Authorities in Support of Application fro Temporary Restraining Order and Preliminary Injunction, # 2 Declaration of M. Andrew Woodmansee in support of Application for Temporary Restraining Order and Preliminary Injunction, # 3 Declaration of Lieutenant Colonel Victor J. Fehrenbach in support of his Application for Temporary Restraining Order and Preliminary Injunction, # 4 Certificate of Service)

M. ANDREW WOODMANSEE (CA SBN 201780) MAWoodmansee@mo fo.com ARAMIDE O. FIELDS (CA SBN 239692) AFields@mo fo.com JAMES J. CEKOLA (CA SBN 259443) JCeko la@mo fo.com JESSICA A. ROBERTS (CA SBN 265570) JRoberts@mo fo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Telephone: [phone] Facsimile: 858.720.5125 AARON D. TAX (DC SBN 501597) [e-mail] JOHN GOODMAN (DC SBN 383147) [e-mail] SERVICEMEMBERS LEGAL DEFENSE NETWORK P.O. Box 65301 Washington, DC 20035-5301 Telephone: [phone] ext. 10 Facsimile: 202.797.1635 Attorneys for Plaintiff LIEUTENANT COLONEL VICTOR J. FEHRENBACH UNITED STATES DISTRICT COURT DISTRICT OF IDAHO LIEUTENANT COLONEL VICTOR J. FEHRENBACH, Plaint iff, v. DEPARTMENT OF THE AIR FORCE; ROBERT M. GATES, Secretary of Defense; MICHAEL B. DONLEY, Secretary, Department of the Air Force; LT. GENERAL GLENN SPEARS, Twelfth Air Force Commander, and COL. RONALD BUCKLEY, 366th Fighter Wing Commander, Defendants. Case No. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

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Plaint iff Lieutenant Colonel Victor J. Fehrenbach ("Lt. Col. Fehrenbach") hereby applies to this Court for a temporary restraining order and preliminary injunction to enjoin the Department of the Air Force; Robert M. Gates, Secretary of Defense; Michael B. Donley, Secretary, Department of the Air Force; Lt. General Glenn Spears, Twelfth Air Force Commander, and Col. Ronald Buckley, 366th Fighter Wing Commander (collectively "defendants") from discharging Lt. Col. Fehrenbach from the United States Air Force. It is specifically requested that defendants, their agents, assistants, successors, employees, attorneys, and all persons acting in concert or cooperation with them or at their direction or under their control, be enjoined from discharging Lt. Col. Fehrenbach under Air Force Instruction ("AFI") 36-3206, chapter 3, paragraph 3.6.8, which implements the law commonly referred to as "Don't Ask, Don't Tell" ("DADT"). Lt. Col. Fehrenbach has given notice to defendants regarding this application and requests that a hearing be held on Friday, August 13, 2010, or as soon thereafter as this matter may be heard. This application is made on the grounds that defendants have violated the Administrative Procedure Act and Lt. Col. Fehrenbach's rights to substantive and procedural due process under the Fifth Amendment. Defendants will cause imminent, irreparable harm to Lt. Col. Fehrenbach if the temporary restraining order and preliminary injunction are not issued. This applicat ion is based upon the Verified Complaint filed in this action, the supporting memorandum of points /// /// /// /// ///

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and authorities, accompanying declarations and exhibits, and such further evidence and arguments as may be presented in this matter. Dated: ________8/11/2010_______ MORRISON & FOERSTER LLP

By: /s/ M. Andrew Woodmansee M. ANDREW WOODMANSEE M. ANDREW WOODMANSEE (CA SBN 201780) MAWoodmansee@mo fo.com ARAMIDE O. FIELDS (CA SBN 239692) AFields@mo fo.com JAMES J. CEKOLA (CA SBN 259443) JCeko la@mo fo.com JESSICA A. ROBERTS (CA SBN 265570) JRoberts@mo fo.com MORRISON & FOERSTER LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Telephone: [phone] Facsimile: 858.720.5125 AARON D. TAX (DC SBN 501597) [e-mail] JOHN GOODMAN (DC SBN 383147) [e-mail] SERVICEMEMBERS LEGAL DEFENSE NETWORK P.O. Box 65301 Washington, DC 20035-5301 Telephone: [phone] ext. 10 Facsimile: 202.797.1635 Attorneys for Plaintiff LIEUTENANT COLONEL VICTOR J. FEHRENBACH

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