Kings English, The et al v. Shurtleff et al

Filing 68

MOTION To Lift Injunction Against Utah Code Ann. §§ 76-10-1205 and 1231 filed by Defendants Stephen Hadfield, Bryan Sidwell, Troy Rawlings, Stephen Foote, Barry L. Huntington, John E. Hummel, Richard Waddingham, Jann L. Farris, Lohra L. Miller, Dale Eyre, Douglas Hogan, Jeffrey Buhman, Mark Shurtleff, Von J. Christiansen, N. George Daines, Gene Strate, Karen Allen, David A. Blackwell, Happy J. Morgan, Scott F. Garrett, Jared W. Eldridge, Marvin D. Bagley, George W. Preston, Craig C. Halls, Ross C. Blackham, David Brickey, Joann Stringham, Thomas L. Low, Brock R. Belnap, Mark Decaria. Motions referred to Samuel Alba.(Jensen, Jerrold)

Kings English, The et al v. Shurtleff et al

Doc. 68

JERROLD S. JENSEN (#1678) Assistant Attorney General MARK BURNS (#6706) Assistant Attorney General MARK L. SHURTLEFF (#4666) Attorney General Attorneys For Plaintiff 160 East 300 South, 5th Floor P.O. Box 140857 Salt Lake City, Utah 84114-0857 Telephone: [phone] UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE KING'S ENGLISH, INC., et al., Plaintiffs vs. Case No. 2:05CV00485 MARK SHURTLEFF, In his official capacity as ATTORNEY GENERAL OF THE STATE OF UTAH, et al., Defendants. In the event this Court denies Plaintiffs' Motion for Reconsideration, or in the alternative, for Leave to File a Second Amended Complaint, dated February 19, 2008, Doc. 64, Defendants move for a lifting of the injunction against Utah Code Ann. §§ 76-10-1205 and 1231. Pursuant to a Motion for Entry of Stipulated Order, filed August 24, 2006, Doc. 35, the parties stipulated to a Preliminary Injunction against the enforcement of House Bill 260, passed during the 2005 General Session of the Utah Legislature, which amended Utah Code Ann. §§ 76Judge Dee Benson MOTION TO LIFT INJUNCTION AGAINST UTAH CODE ANN. §§ 76-101205 AND 1231

Dockets.Justia.com

10-1205 and 1206, and created Utah Code Ann. §§ 76-10-1231 and 1233. Plaintiffs challenged all four sections. Pursuant to this Court's Opinion and Order of November 28, 2007, this Court found that none of the Plaintiffs had standing to challenge § 76-10-1231 or § 76-10-1205 and therefore dismissed these claims from this case. Plaintiffs have filed a Motion for Reconsideration of that Opinion and Order, and in the alternative, for Leave to File a Second Amended Complaint. In the event both motions are denied, the injunction prohibiting the State of Utah from enforcing Utah Code Ann. §§ 76-101205 and 1231 should be lifted. DATED this 16th day of April, 2008. MARK L. SHURTLEFF Attorney General

/s/Jerrold S. Jensen JERROLD S. JENSEN Assistant Attorney General

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CERTIFICATE OF SERVICE This is to certify that copies of the foregoing MOTION FOR LIFTING OF THE INJUNCTION ON §§ 76-10-1205 AND 1231 was served by electronically filing the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Michael A. Bamberger [e-mail] Wesley D. Felix [e-mail] Marina B. Lowe [e-mail] John B. Morris , Jr [e-mail] Zachary J. Weyher [e-mail]

/s/Sherri L. Cornell Secretary

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