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)

Download PDF
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: (213) 639-3900 Facsimile: (213) 639-3911 joaquin@nilc.org tumlin@nilc.org cheer@nilc.org keaney@nilc.org Omar C. Jadwat* Andre I. Segura* Elora Mukherjee* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 18th Floor New York, New York 10004 Telephone: (212) 549-2660 Facsimile: (212) 549-2654 ojadwat@aclu.org asegura@aclu.org emukherjee@aclu.org 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: (415) 343-0775 Facsimile: (415) 395-0950 cwang@aclu.org kdesormeau@aclu.org 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: (801) 521-9862 Facsimile: (801) 532-2850 dgoddard@acluutah.org egranados@acluutah.org Bradley S. Phillips*+ MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 brad.phillips@mto.com 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 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?