Utah Coalition of La Raza et al v. Herbert et al

Filing 18

Plaintiff's MOTION for Leave to File Excess Pages filed by Plaintiffs Centro Civico Mexicano, Alicia Cervantes, Coalition of Utah Progressives, Eliana Larios, Latin American Chamber of Commerce, Milton Ivan Salazar-Gomez, Salt Lake City Brown Berets, Service Employees International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint Board. (Attachments: # 1 Text of Proposed Order)(Goddard, Darcy)

Linton Joaquin*
Karen C. Tumlin*
Shiu-Ming Cheer*
Melissa S. Keaney*
NATIONAL IMMIGRATION LAW
CENTER
3435 Wilshire Boulevard, Suite 2850
Los Angeles, California 90010
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Omar C. Jadwat*
Andre Segura*
Elora Mukherjee*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad Street, 18th Floor
New York, New York 10004
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Cecillia D. Wang*
Katherine Desormeau*
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION IMMIGRANTS’
RIGHTS PROJECT
39 Drumm Street
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Darcy M. Goddard (USB No. 13426)
Esperanza Granados (USB No. 11894)
AMERICAN CIVIL LIBERTIES
UNION OF UTAH FOUNDATION, INC.
355 North 300 West
Salt Lake City, Utah 84103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Bradley S. Phillips*+
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]

(* Pro hac vice motion pending)
(+ Counsel for all plaintiffs except SEIU and
Workers’ United)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
Utah Coalition of La Raza, et al.,
Plaintiffs,
v.
Governor Gary Herbert and Attorney General
Mark Shurtleff,
Defendants.

PLAINTIFFS’ MOTION FOR LEAVE
TO FILE AN OVER LENGTH
MEMORANDUM IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
Case No. 2:11-cv-00401-BCW
Judge: Brooke C. Wells

Pursuant to DUCiv R 7-1(e), Plaintiffs, by and through counsel, respectfully move the
Court for leave to file an over length Memorandum of Points and Authorities (“Memorandum”)
in support of Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs anticipate that they will file
their Motion for Preliminary Injunction within the next two days, i.e., on or before May 6, 2011.
Plaintiffs are unable to comply with the 25-page limit set forth in DUCiv R 7-1(b)(3)(a)
because: (i) Plaintiffs challenge on myriad grounds the unconstitutionality of Utah’s expansive
new state immigration system, as established in HB 497 (signed by Utah Governor Gary Herbert
on March 15, 2011); (ii) Plaintiffs’ Memorandum addresses the many ways in which HB 497
violates the Supremacy Clause of the United States Constitution, the Fourth Amendment right to
be free from unreasonable searches and seizures, and the Right to Travel; and (iii) Plaintiffs’
Memorandum demonstrates that the harms that would result to Plaintiffs (which include seven
organizations and six individuals) and others if HB 497 were allowed to go into effect are so
substantial and irreparable that the Court should preliminarily enjoin its enforcement.
Although Plaintiffs have attempted to address all of these issues within the standard 25page limit, they have been unable to do so.
Plaintiffs’ Memorandum is 40 pages long.

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Dated: May 4, 2011

Respectfully submitted,
/s/ Darcy M. Goddard
AMERICAN CIVIL LIBERTIES UNION
OF UTAH FOUNDATION, INC.
/s/ Karen C. Tumlin
NATIONAL IMMIGRATION LAW CENTER
/s/ Cecillia D. Wang
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION, IMMIGRANTS’
RIGHTS PROJECT
/s/ Elora Mukherjee
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION, RACIAL JUSTICE PROGRAM
/s/ Bradley S. Phillips
MUNGER, TOLLES & OLSON LLP

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