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

Filing 36

Plaintiff's MOTION for Preliminary Injunction 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 I. 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]
Attorneys for Plaintiffs
* Pro hac vice motion pending
+ Counsel for all plaintiffs except SEIU and
Workers’ United

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]
[e-mail]

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
Utah Coalition of La Raza, et al.,
Plaintiffs,
v.

[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
Case No. 2:11-cv-00401-BCW

Gary R. Herbert, et al.,
Defendants.

Judge: Brooke C. Wells

This matter comes before the Court on the Plaintiffs’ Motion for a Preliminary Injunction
to enjoin Defendants from enforcing Utah House Bill (“HB”) 497. Having considered the
parties’ papers filed in support and in opposition to the motion, as well as oral arguments, the
Court rules as follows:
Plaintiffs are likely to succeed on the merits of their claim that HB 497 violates the
United States and Utah Constitutions, including the Supremacy Clause, the Fourth Amendment,
and the Right to Travel. Plaintiffs have demonstrated that they will suffer irreparable injury by
being subjecting to the enforcement of an unconstitutionally preempted state law as well as the
unconstitutional deprivation of their right to freedom from unreasonable searches and seizures
and the constitutional right to travel. Defendants, on the other hand, will suffer no real harm
from delay in enforcement of HB 497 pending final resolution of this action. Plaintiffs have
demonstrated that the balance of hardships tips strongly in their favor, and that a preliminary
injunction advances the public interest in preventing the enforcement of unconstitutional laws.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs’ Motion for a Preliminary Injunction is GRANTED.
2. Until such time as the Court makes a final ruling on the merits, or until further
ordered from the Court, the Defendants and their officers, agents, servants,
employees, and attorneys and those persons in active concert or participation with
them are HEREBY ENJOINED AND RESTRAINED from giving any effect to
or otherwise taking action to enforce HB 497.
This order shall become effective immediately, and shall continue in effect until this
Court enters a final judgment in this action or otherwise lifts the preliminary injunction.
Dated: May ____, 2011
United States District Judge

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