Case: Utah Coalition of La Raza v. Herbert

2:11-cv-00401 | U.S. District Court for the District of Utah

Filed Date: May 3, 2011

Closed Date: Sept. 15, 2015

Clearinghouse coding complete

Case Summary

On May 3, 2011, a coalition of immigrant rights groups and individual immigrants filed this class action lawsuit against the State of Utah in the U.S. District Court for the District of Utah, Central Division, challenging the state's immigration-enforcement law, House Bill 497 (HB 497). HB 497 was a severe, anti-immigrant law that criminalized everyday activities, such as driving an undocumented immigrant to the store and authorized police to stop and detail an individual simply to verify his o…

On May 3, 2011, a coalition of immigrant rights groups and individual immigrants filed this class action lawsuit against the State of Utah in the U.S. District Court for the District of Utah, Central Division, challenging the state's immigration-enforcement law, House Bill 497 (HB 497). HB 497 was a severe, anti-immigrant law that criminalized everyday activities, such as driving an undocumented immigrant to the store and authorized police to stop and detail an individual simply to verify his or her immigration status. The plaintiffs, represented by the state and national ACLU, the National Immigration Law Center, and private counsel, brought suit under 42 U.S.C. §§ 1981, 1983; the Declaratory Judgment Act, 28 U.S.C. § 2201; and state law, claiming that the law was unconstitutional.

Specifically, the plaintiffs claimed that HB 497, in requiring state and local law enforcement to check the identification of all people they stop, arrest or detain and ascertain whether they are in the country lawfully; allowing them to make warrantless arrests on "reasonable suspicion" that a person is an alien who is (1) subject to a removal order by an immigration court, (2) subject to an immigration detainer request, or (3) charged or convicted in another state with one or more "aggravated felonies;" and criminalizing the act of encouraging or inducing illegal immigrants to come to, enter or reside in Utah, is preempted under the Supremacy Clause and in violation of the Fourth and Fourteenth Amendments. The plaintiffs sought a declaration of the law's unconstitutionality and an injunction barring enforcement of the law before it came into effect on May 10, 2011.

In passing HB 497, Utah became the first state to follow the lead of Arizona in enacting aggressive immigration-related laws at the state level; Indiana, Georgia, Alabama and South Carolina were soon to follow. For the case challenging the Arizona's SB 1070, see United States v. Arizona [IM-AZ-0015]; for the case challenging Indiana's SEA 590, see Buquer v. City of Indianapolis [IM-IN-0002]; for the case challenging Georgia's HB 87, see Georgia Latino Alliance for Human Rights v. Deal [IM-GA-0007]; for cases challenging Alabama's HB 56, see United States v. Alabama [IM-AL-0005], Hispanic Interest Coalition v. Bentley [IM-AL-0006], and Parsley v. Bentley [IM-AL-0007]; and for cases challenging South Carolina's Act 69, see Lowcountry Immigration Coalition v. Haley [IM-SC-0001] and United States v. South Carolina [IM-SC-0002].

On May 6, 2011, plaintiffs filed a motion for a preliminary injunction. After a hearing on May 10, the district court (Judge Clark Waddoups) issued a temporary restraining order on May 11, barring enforcement of HB 497 pending further order of the court and giving parties time to brief the court regarding the merits of plaintiffs' motion for a preliminary injunction. 2011 WL 7143098 (D. Utah May 11, 2011).

Over the course of the summer, various amicus curiae briefs were filed in support of plaintiffs, including those by the governments of Mexico and various Central and South American countries.

On August 1, 2011, plaintiffs filed a motion for class certification.

On November 22, 2011, the federal government filed a separate lawsuit challenging the Utah law solely on preemption grounds. It was consolidated with this case on November 28, and on December 15, the Department of Justice filed its own motion for a preliminary injunction.

Rather than deciding on any of the motions before it, on February 21, 2012, the district court declared that it would refrain from making any rulings until the Supreme Court issued its decision in United States v. Arizona (IM-AZ-0015) but confirmed that the restraining order would continue until it ruled on the pending motions for preliminary injunction.

While the district court awaited the Supreme Court’s decision, the plaintiffs filed several notices of supplemental authority in 2013 to support its pending motions for preliminary injunctions. The plaintiffs cited circuit court decisions and argued that those provided further support that HB 497 was unconstitutional on Supremacy Clause grounds.

Once the Supreme Court ruled on all but few motions for United States v. Arizona, Judge Waddoups ruled on all three pending motions for preliminary injunctions on June 18, 2014. First, the court ruled against the United States and plaintiffs’ overall facial challenge against HB 497 as a whole because the constitutional language did not expressly preempt all immigration-related state legislation, and the Supreme Court did not hold that the entire field of immigration regulation is either conflict or field preempted. But the court ruled against the key provisions of HB 497, such as Section 10 and 11, which granted warrantless arrest based solely on suspicion of immigration status and made it criminal to assist or encourage undocumented immigrants. The court also put strict limits on when the police could check the identification of detained individuals to verify immigration status. 26 F. Supp. 3d 1125. HB 497 was unconstitutional because it unlawfully interfered with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution and authorized and required unreasonable seizures and arrests in violation of the Fourth Amendment.

On November 25, 2014, the parties filed a joint report regarding the discussions toward agreeing on a proposed final judgment in light of the court’s preliminary injunction decision. In the proposed final judgment, the State of Utah agreed to permanently scrap the key problematic provisions of HB 497 and implement the remaining sections under restriction. For example, the parties agreed to severely limit Sections 3 and 4 of HB 497, which made it clear that police are not allowed to stop or detain an individual simply to verify their immigration status. The terms of the settlement made clear that the law does not require Utahns to carry identification with them at all times, following the federal district court decision.

On December 4, 2014, the district court entered a judgment per the parties’ proposed final judgment and dismissed without prejudice the plaintiffs’ and the United States’ remaining claims that were not yet adjudicated. On April 28, 2015, the parties notified the court about the settlement of attorney fees and costs and later advised the Court that the payment has been made. The case is now closed.

Summary Authors

Christopher Schad (6/20/2012)

MJ Koo (3/23/2017)

Emma Himes (11/7/2019)

Related Cases

United States v. Arizona, District of Arizona (2010)

United States v. Utah, District of Utah (2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5101749/parties/utah-coalition-of-la-raza-v-herbert/


Judge(s)

Waddoups, Clark (Utah)

Wells, Brooke C. (Utah)

Attorneys(s) for Plaintiff

Cheer, Shiu-Ming (California)

Chilakamarri, Varu (District of Columbia)

Cohn, Joseph S. (New Jersey)

Desormeau, Katherine (California)

Farrell, Leah M. (Utah)

Goddard, Darcy M. (Utah)

Goldberg, Arthur Robert (District of Columbia)

Granados, Esperanza (Utah)

Judge(s)

Waddoups, Clark (Utah)

Wells, Brooke C. (Utah)

Attorneys(s) for Plaintiff

Cheer, Shiu-Ming (California)

Chilakamarri, Varu (District of Columbia)

Cohn, Joseph S. (New Jersey)

Desormeau, Katherine (California)

Farrell, Leah M. (Utah)

Goddard, Darcy M. (Utah)

Goldberg, Arthur Robert (District of Columbia)

Granados, Esperanza (Utah)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Mukherjee, Elora (New York)

Newell, Jennifer Chang (California)

Phillips, Bradley S. (California)

Price, Daniel D. (Utah)

Segura, Andre Ivan (New York)

Simpson, W. Scott (District of Columbia)

Sugarman, Kenneth John (California)

Tumlin, Karen C. (California)

Wang, Cecillia D (California)

Wilkenfeld, Joshua (District of Columbia)

Attorneys(s) for Defendant

Evans, Timothy D. (Utah)

Gray, Jeffrey S. (Utah)

Jensen, Jerrold S. (Utah)

Lawrence, Barry G. (Utah)

Lott, Philip S. (Utah)

Roberts, Thomas D. (Utah)

Other Attorney(s)

Barnard, Brian M. (Utah)

Clark, Christopher R. (New York)

Deutchman, Michelle N. (California)

Freeman, Steven M. (New York)

Gorniak, Carla (New York)

Hale, Andrew R. (Utah)

Hethmon, Michael M. (District of Columbia)

Jenkins, Lon A. (Utah)

Marsden, Milo Steven (Utah)

Mazar, Yael Lerman (California)

McDonald, Kathleen E. (Utah)

Mylar, Frank D. (Utah)

Newsom, Elizabeth W. (District of Columbia)

Roe, Garrett R. (District of Columbia)

Santon, Katherine J. (California)

Schoenfeld, Alan E. (New York)

Shaholli, Sarah Kathleen (California)

Skolnick, Michael F. (Utah)

Solano, Henry L. (New York)

Tarin, Aaron (Utah)

Walther, Laura J. (District of Columbia)

Expert/Monitor/Master

Keaney, Melissa S. (California)

Documents in the Clearinghouse

Document

2:11-cv-00401

Docket [PACER]

Sept. 15, 2015

Sept. 15, 2015

Docket
2

2:11-cv-00401

Complaint for Declaratory and Injunctive Relief - Class Action

May 3, 2011

May 3, 2011

Complaint
37

2:11-cv-00401

Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

May 6, 2011

May 6, 2011

Pleading / Motion / Brief
45

2:11-cv-00401

Order [Granting Plaintiffs' Motion for a Temporary Restraining Order]

2011 WL 7143098

May 11, 2011

May 11, 2011

Order/Opinion
183

2:11-cv-00401

2:11-cv-01072

Order [Reserving Ruling Pending the Supreme Court's Decision in United States v. Arizona]

Feb. 21, 2012

Feb. 21, 2012

Order/Opinion
227

2:11-cv-00401

Response to Amicus Curiae's Notice of Supplemental Authority, in Support of Plaintiffs' Motion for Preliminary Injunction

Aug. 27, 2013

Aug. 27, 2013

Notice Letter
228

2:11-cv-00401

Notice of Supplemental Authority in Support Plaintiffs' Motions for Preliminary Injunction

Oct. 15, 2013

Oct. 15, 2013

Notice Letter
231

2:11-cv-00401

Memorandum Decision and Order

26 F.Supp.3d 1125

June 18, 2014

June 18, 2014

Order/Opinion
240-1

2:11-cv-00401

[Proposed] Final Judgment

Nov. 24, 2014

Nov. 24, 2014

Order/Opinion
241

2:11-cv-00401

Final Judgment

Dec. 4, 2014

Dec. 4, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5101749/utah-coalition-of-la-raza-v-herbert/

Last updated May 28, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. 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 is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tls) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
2

COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1344257), filed by Eliana Larios, Alicia Cervantes, Workers United Rocky Mountain Joint Board, Milton Ivan Salazar-Gomez, Service Employees International Union, Utah Coalition of La Raza, Centro Civico Mexicano, Coalition of Utah Progressives, Latin American Chamber of Commerce, Salt Lake City Brown Berets. (Attachments: # 1 Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (Goddard, Darcy) (Entered: 05/03/2011)

1 Civil Cover Sheet

View on PACER

May 3, 2011

May 3, 2011

RECAP
3

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Gary R. Herbert, Mark Shurtleff. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (Attachments: # 1 Summons)(jlw) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
4

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Linton Joaquin, Karen Tumlin and Shiu-Ming Cheer (tls) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
5

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Omar C. Jadwat, Andre Segura and Elora Mukherjee (tls) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
6

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Cecillia D. Wang and Katherine Desormeau (tls) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
7

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Bradley S. Phillips (tls) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
8

MOTION for Admission Pro Hac Vice of Katherine Desormeau, Registration fee $ 15, receipt number 1088-1344965, 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. (Goddard, Darcy) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
9

MOTION for Admission Pro Hac Vice of Omar C. Jadwat, Registration fee $ 15, receipt number 1088-1344970, 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. (Goddard, Darcy) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
10

MOTION for Admission Pro Hac Vice of Elora Mukherjee, Registration fee $ 15, receipt number 1088-1344977, 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. (Goddard, Darcy) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
11

MOTION for Admission Pro Hac Vice of Andre Segura, Registration fee $ 15, receipt number 1088-1344998, 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. (Goddard, Darcy) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
12

MOTION for Admission Pro Hac Vice of Cecillia Wang, Registration fee $ 15, receipt number 1088-1345000, 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. (Goddard, Darcy) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
13

MOTION for Admission Pro Hac Vice of Linton Joaquin, Registration fee $ 15, receipt number 1088-1345025, 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) (Entered: 05/03/2011)

1 Text of Proposed Order

View on PACER

May 3, 2011

May 3, 2011

PACER
14

MOTION for Admission Pro Hac Vice of Karen C. Tumlin, Registration fee $ 15, receipt number 1088-1345026, 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) (Entered: 05/03/2011)

1 Text of Proposed Order

View on PACER

May 3, 2011

May 3, 2011

PACER
15

MOTION for Admission Pro Hac Vice of Shiu Ming Cheer, Registration fee $ 15, receipt number 1088-1345027, 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) (Entered: 05/03/2011)

1 Text of Proposed Order

View on PACER

May 3, 2011

May 3, 2011

PACER
16

MOTION for Admission Pro Hac Vice of Melissa S. Keaney, Registration fee $ 15, receipt number 1088-1345028, 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) (Entered: 05/03/2011)

1 Text of Proposed Order

View on PACER

May 3, 2011

May 3, 2011

PACER
17

MOTION for Admission Pro Hac Vice of Bradley S. Phillips, Registration fee $ 15, receipt number 1088-1345029, 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) (Entered: 05/03/2011)

1 Text of Proposed Order

View on PACER

May 3, 2011

May 3, 2011

PACER
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) (Entered: 05/04/2011)

1 Text of Proposed Order

View on PACER

May 4, 2011

May 4, 2011

PACER
19

MOTION for Leave for Doe Plaintiffs to Proceed Under Pseudonyms 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. (Goddard, Darcy) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
21

CERTIFICATE OF SERVICE by 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 re 19 MOTION for Leave for Doe Plaintiffs to Proceed Under Pseudonyms, 20 Memorandum in Support of Motion,, 18 Plaintiff's MOTION for Leave to File Excess Pages (Goddard, Darcy) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
22

NOTICE of Appearance by Jerrold S. Jensen on behalf of Gary R. Herbert, Mark Shurtleff (Jensen, Jerrold) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
23

NOTICE of Appearance by Thomas D. Roberts on behalf of Gary R. Herbert, Mark Shurtleff (Roberts, Thomas) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
24

MOTION to Seal Document Declarations of Doe Plaintiffs (Jane Doe #1, John Doe #1, and John Doe #2) 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) (Entered: 05/05/2011)

1 Text of Proposed Order

View on PACER

May 5, 2011

May 5, 2011

PACER
25

ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE AN OVER LENGTH MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION- granting 18 Motion for Leave to File Excess Pages. The Memorandum shall be no more than 40 pages long. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
26

ORDER granting 8 Motion for Admission Pro Hac Vice of Katherine Desormeau for Centro Civico Mexicano,Katherine Desormeau for Alicia Cervantes,Katherine Desormeau for Coalition of Utah Progressives,Katherine Desormeau for Eliana Larios,Katherine Desormeau for Latin American Chamber of Commerce,Katherine Desormeau for Milton Ivan Salazar-Gomez,Katherine Desormeau for Salt Lake City Brown Berets,Katherine Desormeau for Service Employees International Union,Katherine Desormeau for Utah Coalition of La Raza,Katherine Desormeau for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/4/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
27

ORDER granting 9 Motion for Admission Pro Hac Vice of Omar Jadwat for Centro Civico Mexicano,Omar Jadwat for Alicia Cervantes,Omar Jadwat for Coalition of Utah Progressives,Omar Jadwat for Eliana Larios,Omar Jadwat for Latin American Chamber of Commerce,Omar Jadwat for Milton Ivan Salazar-Gomez,Omar Jadwat for Salt Lake City Brown Berets,Omar Jadwat for Service Employees International Union,Omar Jadwat for Utah Coalition of La Raza,Omar Jadwat for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
28

ORDER granting 10 Motion for Admission Pro Hac Vice of Elora Mukherjee for Centro Civico Mexicano,Elora Mukherjee for Alicia Cervantes,Elora Mukherjee for Coalition of Utah Progressives,Elora Mukherjee for Eliana Larios,Elora Mukherjee for Latin American Chamber of Commerce,Elora Mukherjee for Milton Ivan Salazar-Gomez,Elora Mukherjee for Salt Lake City Brown Berets,Elora Mukherjee for Service Employees International Union,Elora Mukherjee for Utah Coalition of La Raza,Elora Mukherjee for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
29

ORDER granting 11 Motion for Admission Pro Hac Vice of Andre Segura for Centro Civico Mexicano,Andre Segura for Alicia Cervantes,Andre Segura for Coalition of Utah Progressives,Andre Segura for Eliana Larios,Andre Segura for Latin American Chamber of Commerce,Andre Segura for Milton Ivan Salazar-Gomez,Andre Segura for Salt Lake City Brown Berets,Andre Segura for Service Employees International Union,Andre Segura for Utah Coalition of La Raza,Andre Segura for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
30

ORDER granting 12 Motion for Admission Pro Hac Vice of Cecillia Wang for Centro Civico Mexicano,Cecillia Wang for Alicia Cervantes,Cecillia Wang for Coalition of Utah Progressives,Cecillia Wang for Eliana Larios,Cecillia Wang for Latin American Chamber of Commerce,Cecillia Wang for Milton Ivan Salazar-Gomez,Cecillia Wang for Salt Lake City Brown Berets,Cecillia Wang for Service Employees International Union. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
31

ORDER granting 13 Motion for Admission Pro Hac Vice of Linton Joaquin for Centro Civico Mexicano,Linton Joaquin for Alicia Cervantes,Linton Joaquin for Coalition of Utah Progressives,Linton Joaquin for Eliana Larios,Linton Joaquin for Latin American Chamber of Commerce,Linton Joaquin for Milton Ivan Salazar-Gomez,Linton Joaquin for Salt Lake City Brown Berets,Linton Joaquin for Service Employees International Union,Linton Joaquin for Utah Coalition of La Raza,Linton Joaquin for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
32

ORDER granting 14 Motion for Admission Pro Hac Vice of Karen Tumlin for Centro Civico Mexicano,Karen Tumlin for Alicia Cervantes,Karen Tumlin for Coalition of Utah Progressives,Karen Tumlin for Eliana Larios,Karen Tumlin for Latin American Chamber of Commerce,Karen Tumlin for Milton Ivan Salazar-Gomez,Karen Tumlin for Salt Lake City Brown Berets,Karen Tumlin for Service Employees International Union,Karen Tumlin for Utah Coalition of La Raza,Karen Tumlin for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
33

ORDER granting 15 Motion for Admission Pro Hac Vice of Shiu-Ming Cheer for Centro Civico Mexicano,Shiu-Ming Cheer for Alicia Cervantes,Shiu-Ming Cheer for Coalition of Utah Progressives,Shiu-Ming Cheer for Eliana Larios,Shiu-Ming Cheer for Latin American Chamber of Commerce,Shiu-Ming Cheer for Milton Ivan Salazar-Gomez,Shiu-Ming Cheer for Salt Lake City Brown Berets,Shiu-Ming Cheer for Service Employees International Union,Shiu-Ming Cheer for Utah Coalition of La Raza,Shiu-Ming Cheer for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
34

ORDER granting 16 Motion for Admission Pro Hac Vice of Melissa S. Keaney for Centro Civico Mexicano,Melissa S. Keaney for Alicia Cervantes,Melissa S. Keaney for Coalition of Utah Progressives,Melissa S. Keaney for Eliana Larios,Melissa S. Keaney for Latin American Chamber of Commerce,Melissa S. Keaney for Milton Ivan Salazar-Gomez,Melissa S. Keaney for Salt Lake City Brown Berets,Melissa S. Keaney for Service Employees International Union,Melissa S. Keaney for Utah Coalition of La Raza,Melissa S. Keaney for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
35

ORDER granting 17 Motion for Admission Pro Hac Vice of Bradley Phillips for Centro Civico Mexicano,Bradley Phillips for Alicia Cervantes,Bradley Phillips for Coalition of Utah Progressives,Bradley Phillips for Eliana Larios,Bradley Phillips for Latin American Chamber of Commerce,Bradley Phillips for Milton Ivan Salazar-Gomez,Bradley Phillips for Salt Lake City Brown Berets,Bradley Phillips for Service Employees International Union,Bradley Phillips for Utah Coalition of La Raza,Bradley Phillips for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 5/5/11. (jmr) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
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) (Entered: 05/06/2011)

1 Text of Proposed Order

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May 6, 2011

May 6, 2011

PACER
37

Plaintiff's MEMORANDUM in Support re 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 Order granting leave to file over length memorandum, # 2 Index of exhibits in support of Plaintiffs' motion for preliminary injunction, # 3 Exhibit Exhibit 1 (HB 497), # 4 Exhibit Exhibit 2 (Archuleta Decl.), # 5 Exhibit Exhibit 3 (Medina Decl.), # 6 Exhibit Exhibit 4 (Gerkin Decl.), # 7 Exhibit Exhibit 5 (Cordova Decl.), # 8 Exhibit Exhibit 6 (Picardi Decl.), # 9 Exhibit Exhibit 7 (Ruiz Decl.), # 10 Exhibit Exhibit 8 (Cervantes Decl.), # 11 Exhibit Exhibit 9 (Larios Decl.), # 12 Exhibit Exhibit 10 (Gascon Decl.), # 13 Exhibit Exhibit 11 (Gonzalez Decl.), # 14 Exhibit Exhibit 12 (Burbank Decl.), # 15 Exhibit Exhibit 13 (Venegas Decl.), # 16 Exhibit Exhibit 14 (Arguetta Decl.), # 17 Exhibit Exhibit 15 (Lowenthal Decl. & Ex A), # 18 Exhibit Exhibit 16 (Miller Decl. & Exs A-B), # 19 Exhibit Exhibit 17 (Fernandez Decl. & Exs A-G), # 20 Exhibit Exhibit 18 (Fernandez Decl., Exs H-K), # 21 Exhibit Exhibit 19 (Fernandez Decl., Exs L-O))(Goddard, Darcy) (Entered: 05/06/2011)

1 Order granting leave to file over length memorandum

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2 Index of exhibits in support of Plaintiffs' motion for preliminary injunct

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3 Exhibit Exhibit 1 (HB 497)

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4 Exhibit Exhibit 2 (Archuleta Decl.)

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5 Exhibit Exhibit 3 (Medina Decl.)

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6 Exhibit Exhibit 4 (Gerkin Decl.)

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7 Exhibit Exhibit 5 (Cordova Decl.)

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8 Exhibit Exhibit 6 (Picardi Decl.)

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9 Exhibit Exhibit 7 (Ruiz Decl.)

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10 Exhibit Exhibit 8 (Cervantes Decl.)

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11 Exhibit Exhibit 9 (Larios Decl.)

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12 Exhibit Exhibit 10 (Gascon Decl.)

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13 Exhibit Exhibit 11 (Gonzalez Decl.)

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14 Exhibit Exhibit 12 (Burbank Decl.)

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15 Exhibit Exhibit 13 (Venegas Decl.)

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16 Exhibit Exhibit 14 (Arguetta Decl.)

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17 Exhibit Exhibit 15 (Lowenthal Decl. & Ex A)

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18 Exhibit Exhibit 16 (Miller Decl. & Exs A-B)

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19 Exhibit Exhibit 17 (Fernandez Decl. & Exs A-G)

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20 Exhibit Exhibit 18 (Fernandez Decl., Exs H-K)

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21 Exhibit Exhibit 19 (Fernandez Decl., Exs L-O)

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May 6, 2011

May 6, 2011

RECAP
38

DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Brooke C. Wells on 05/09/2011. (docket text order, no attached document). (amn) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER

Judge Clark Waddoups added. Magistrate Judge Brooke C. Wells no longer assigned to case. (jmr)

May 9, 2011

May 9, 2011

PACER
39

Case Reassigned to District Judge per Order 38 of Magistrate Judge. Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Brooke Wells is no longer assigned to this case. (jmr) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
40

NOTICE OF HEARING ON MOTION re: 36 Plaintiff's MOTION for Preliminary Injunction : (Notice generated by jwt) Motion Hearing set for 5/10/2011 02:00 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
41

NOTICE FROM THE COURT re 36 Plaintiff's MOTION for Preliminary Injunction - at the hearing scheduled for 5/10/2011 counsel should be prepared to update the status of the case and set briefing schedule for the motion. (jwt) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
42

NOTICE of Hearing by 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 (Goddard, Darcy) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
43

Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 5/10/2011 re 36 Plaintiff's MOTION for Preliminary Injunction filed by Milton Ivan Salazar-Gomez, Alicia Cervantes, Salt Lake City Brown Berets, Latin American Chamber of Commerce, Coalition of Utah Progressives, Utah Coalition of La Raza, Service Employees International Union, Workers United Rocky Mountain Joint Board, Centro Civico Mexicano, Eliana Larios, Set Deadlines/Hearing as to 36 Plaintiff's MOTION for Preliminary Injunction. The court advises all present that no recordings are to be taken. Ms. Goddard updates the court as to the status of the parties negotiations on a stay of enforcement of HB 497. Plaintiffs move for a TRO. The court hears argument from the parties. The motion for TRO is GRANTED for the reasons stated on the record. HB 497 is stayed pending further order of this court. The court will prepare a written ruling. Briefing schedule discussed. Responses due by 6/8/2011, Replies due by 6/22/2011. Motion Hearing set for 7/14/2011 08:30 AM in Room 102 before Judge Clark Waddoups. The schedule may be adjusted if more time is needed. The court does not impose a bond for the reasons stated. All parties named as defendants and anyone who is obligated to follow the defendants' instructions are bound by the order until further ruling. Attorney for Plaintiff: Jerrold Jensen, Thomas Roberts, Attorney for Defendant: Darcy Goddard, Cecelia Wang, Andrew Segura, Esperanza Granados, Karen Tumlin, Linton Joaquin, Melissa Keaney (by phone), Shiu-ming Cheer (by phone). Court Reporter: Kelly Peterson. (jwt) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
44

MOTION for Temporary Restraining Order per Minute Entry 43 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. (jtj) (Entered: 05/11/2011)

May 10, 2011

May 10, 2011

PACER
45

ORDER granting 44 Motion for TRO. HB 497 is stayed pending further order of this court. Responses due by 6/8/2011, Replies due by 6/22/2011. Motion Hearing set for 7/14/2011 08:30 AM in Room 102 before Judge Clark Waddoups. See Order for details. Signed by Judge Clark Waddoups on 5/11/2011. (jtj) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
46

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on May 10, 2011 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Kellie Peterson, RPR, Telephone number 801-983-2180. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2011. Redacted Transcript Deadline set for 6/24/2011. Release of Transcript Restriction set for 8/22/2011. (jmr) Modified by removing restricted text on 8/22/2011 (rks). (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
48

NOTICE of Appearance by Milo Steven Marsden on behalf of Asian American Justice Center (Marsden, Milo) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
49

MOTION for Admission Pro Hac Vice of Katherine J. Santon, Registration fee $ 15, receipt number 1088-1360792, filed by Movant Asian American Justice Center. (Attachments: # 1 Text of Proposed Order)(Marsden, Milo) (Entered: 05/27/2011)

1 Text of Proposed Order

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May 27, 2011

May 27, 2011

PACER
50

MOTION for Admission Pro Hac Vice of Sarah K. Shaholli, Registration fee $ 15, receipt number 1088-1360802, filed by Movant Asian American Justice Center. (Attachments: # 1 Text of Proposed Order)(Marsden, Milo) (Entered: 05/27/2011)

1 Text of Proposed Order

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May 27, 2011

May 27, 2011

PACER
51

MOTION for Leave to File Amicus Curiae Brief filed by Movant Asian American Justice Center. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Leave to File Amicus Curiae Brief, # 2 Exhibit, # 3 Text of Proposed Order)(Marsden, Milo) (Entered: 05/27/2011)

1 Memorandum of Points and Authorities in Support of Motion for Leave to File Ami

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2 Exhibit

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3 Text of Proposed Order

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May 27, 2011

May 27, 2011

PACER
52

NOTICE of LODGED PROPOSED AMICUS CURIAE BRIEF by Asian American Justice Center re 51 MOTION for Leave to File Amicus Curiae Brief (Attachments: # 1 Exhibit) (Marsden, Milo) (Entered: 05/27/2011)

1 Exhibit

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May 27, 2011

May 27, 2011

PACER
53

NOTICE of Appearance by Brian M. Barnard on behalf of Immigration Equality (Barnard, Brian) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
54

MOTION to Intervene as Amicus Curiae filed by Movant Immigration Equality. (Attachments: # 1 Text of Proposed Order)(Barnard, Brian) (Entered: 05/31/2011)

1 Text of Proposed Order

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May 31, 2011

May 31, 2011

PACER
55

MOTION for Admission Pro Hac Vice of Alan E. Schoenfeld, Registration fee $ 15, receipt number 1088-1361833, filed by Movant Immigration Equality. (Attachments: # 1 Exhibit "A" Application for Admission Pro Hac Vice, # 2 Exhibit "B" Electronic Case Filing Registration Form, # 3 Text of Proposed Order)(Barnard, Brian) (Entered: 05/31/2011)

1 Exhibit "A" Application for Admission Pro Hac Vice

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2 Exhibit "B" Electronic Case Filing Registration Form

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3 Text of Proposed Order

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May 31, 2011

May 31, 2011

PACER
56

MOTION for Leave to File Memorandum of Amicus Curiae Immigration Equality in Support of Plaintiffs filed by Movant Immigration Equality. (Attachments: # 1 Exhibit "A" Brief Amicus Curiae of Immigration Equality in Support of Plaintiffs, # 2 Text of Proposed Order)(Barnard, Brian) (Entered: 05/31/2011)

1 Exhibit "A" Brief Amicus Curiae of Immigration Equality in Support of

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2 Text of Proposed Order

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May 31, 2011

May 31, 2011

PACER
57

MOTION for Extension of Time Responsive Motion to Plaintiffs' Motion for Preliminary Injunction filed by Defendants Gary R. Herbert, Mark Shurtleff. (Jensen, Jerrold) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
58

ORDER granting 49 Motion for Admission Pro Hac Vice of Sarah Kathleen Shaholli,Katherine J. Santon for Asian American Justice Center. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 50 Motion for Admission Pro Hac Vice of Sarah Kathleen Shaholli,Katherine J. Santon for Asian American Justice Center. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 05/31/2011. (asp) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
59

ORDER granting 55 Motion for Admission Pro Hac Vice of Alan E. Schoenfeld for Immigration Equality. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 06/01/2011. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
60

ORDER granting 54 Motion to Intervene. Signed by Judge Clark Waddoups on 06/01/2011. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
61

ORDER granting 56 Motion for Leave to File. Signed by Judge Clark Waddoups on 06/01/2011. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
62

Amicus Curiae BRIEF In Support of the Plaintiffs filed by Intervenor Immigration Equality. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
63

ORDER granting 51 Motion for Leave to File. Signed by Judge Clark Waddoups on 06/01/2011. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
64

Amicus Curiae BRIEF in Support re 36 Plaintiff's MOTION for Preliminary Injunction filed by Movant Asian American Justice Center. (asp) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
65

ORDER granting 57 Motion for Extension of Time. Defendants hereby are granted an additional 30 days to file a responsive pleading. Signed by Judge Clark Waddoups on 6/2/2011. (jtj) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
66

NOTICE of Appearance by Lon A. Jenkins on behalf of United Mexican States (Jenkins, Lon) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
67

MOTION to File Amicus Brief by United Mexican States filed by Movant United Mexican States. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
68

Amicus BRIEF re 67 MOTION to File Amicus Brief by United Mexican States in Support of Plaintiffs' Complaint for Declaratory and Injunctive Relief filed by Movant United Mexican States. (Attachments: # 1 Appendix Cases, # 2 Appendix Authorities Part 1, # 3 Appendix Authorities Part 2)(Jenkins, Lon) (Entered: 06/07/2011)

1 Appendix Cases

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2 Appendix Authorities Part 1

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3 Appendix Authorities Part 2

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June 7, 2011

June 7, 2011

PACER
69

NOTICE of Appearance by Lon A. Jenkins on behalf of Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay (Jenkins, Lon) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
70

MOTION for Joinder in Brief of United Mexican States as Amicus Curiae in Support of Plaintiffs filed by Movants Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
71

Plaintiff's MOTION for Admission Pro Hac Vice of Kenneth Sugarman, Registration fee $ 15, receipt number 253IFF8E, 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 Motion for Admisison Pro Hac Vice, Ken Sugarman)(Goddard, Darcy) (Entered: 06/07/2011)

1 Text of Proposed Order Motion for Admisison Pro Hac Vice, Ken Sugarman

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June 7, 2011

June 7, 2011

PACER
72

MOTION for Admission Pro Hac Vice of Henry L. Solano and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1367017, filed by Movants Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
73

MOTION for Admission Pro Hac Vice of Carla Gorniak and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1367033, filed by Movants Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
74

MOTION for Admission Pro Hac Vice of Christopher R. Clark and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1367040, filed by Movants Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay, United Mexican States. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon) (Entered: 06/07/2011)

1 Text of Proposed Order

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June 7, 2011

June 7, 2011

PACER
75

ORDER granting 67 Motion to File Amicus Brief. Signed by Judge Clark Waddoups on 6/7/2011. (jtj) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
76

ORDER granting 70 Motion for Joinder re: Amicus Curiae Brief of the United Mexican States. Signed by Judge Clark Waddoups on 6/7/2011. (jtj) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
77

ORDER granting 72 Motion for Admission Pro Hac Vice of Henry L. Solano for Government of Argentina,Henry L. Solano for Government of Brazil,Henry L. Solano for Government of Chile,Henry L. Solano for Government of Columbia,Henry L. Solano for Government of Costa Rica,Henry L. Solano for Government of Ecuador,Henry L. Solano for Government of El Salvador,Henry L. Solano for Government of Guatemala,Henry L. Solano for Government of Honduras,Henry L. Solano for Government of Nicaragua,Henry L. Solano for Government of Paraguay,Henry L. Solano for Government of Peru,Henry L. Solano for Government of Uruguay,Henry L. Solano for United Mexican States. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/8/2011. (jtj) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
78

ORDER granting 73 Motion for Admission Pro Hac Vice of Carla Gorniak for Government of Argentina,Carla Gorniak for Government of Brazil,Carla Gorniak for Government of Chile,Carla Gorniak for Government of Columbia,Carla Gorniak for Government of Costa Rica,Carla Gorniak for Government of Ecuador,Carla Gorniak for Government of El Salvador,Carla Gorniak for Government of Guatemala,Carla Gorniak for Government of Honduras,Carla Gorniak for Government of Nicaragua,Carla Gorniak for Government of Paraguay,Carla Gorniak for Government of Peru,Carla Gorniak for Government of Uruguay,Carla Gorniak for United Mexican States. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/8/2011. (jtj) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
79

ORDER granting 74 Motion for Admission Pro Hac Vice of Christopher R. Clark for Government of Argentina,Christopher R. Clark for Government of Brazil,Christopher R. Clark for Government of Chile,Christopher R. Clark for Government of Columbia,Christopher R. Clark for Government of Costa Rica,Christopher R. Clark for Government of Ecuador,Christopher R. Clark for Government of El Salvador,Christopher R. Clark for Government of Guatemala,Christopher R. Clark for Government of Honduras,Christopher R. Clark for Government of Nicaragua,Christopher R. Clark for Government of Paraguay,Christopher R. Clark for Government of Peru,Christopher R. Clark for Government of Uruguay,Christopher R. Clark for United Mexican States. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/8/2011. (jtj) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
80

ORDER granting 71 Motion for Admission Pro Hac Vice of Kenneth John Sugarman for Centro Civico Mexicano,Kenneth John Sugarman for Alicia Cervantes,Kenneth John Sugarman for Coalition of Utah Progressives,Kenneth John Sugarman for Eliana Larios,Kenneth John Sugarman for Latin American Chamber of Commerce,Kenneth John Sugarman for Milton Ivan Salazar-Gomez,Kenneth John Sugarman for Salt Lake City Brown Berets,Kenneth John Sugarman for Service Employees International Union,Kenneth John Sugarman for Utah Coalition of La Raza,Kenneth John Sugarman for Workers United Rocky Mountain Joint Board. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/8/2011. (jtj) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
81

NOTICE of Appearance by Aaron Tarin on behalf of American Immigration Lawyers Association (Tarin, Aaron) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
82

First MOTION for Leave to File Amicus Brief in Support of Plaintiff's Complaint for Declaratory and Injunctive Relief filed by Movant American Immigration Lawyers Association. (Attachments: # 1 Text of Proposed Order Order Granting Leave to File as Amicus)(Tarin, Aaron) (Entered: 06/13/2011)

1 Text of Proposed Order Order Granting Leave to File as Amicus

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June 13, 2011

June 13, 2011

PACER
83

NOTICE of Lodged Proposed Amicus Curiae Brief by American Immigration Lawyers Association (Attachments: # 1 Exhibit Memorandum Decision and Order_Truong Case 2:10-cv-00797-CW -SA) (Tarin, Aaron) (Entered: 06/13/2011)

1 Exhibit Memorandum Decision and Order_Truong Case 2:10-cv-00797-CW -SA

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June 13, 2011

June 13, 2011

PACER
84

SUBSTITUTION OF COUNSEL Barry G. Lawrence replacing Jerrold S. Jensen and Thomas D. Roberts as counsel on behalf of Gary R. Herbert, Mark Shurtleff. (Lawrence, Barry) (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
88

DOCUMENTS LODGED consisting of Memorandum in Support of the Complaint submitted by non party The Utah Association of Criminal Defense Lawyers. (asp) (Entered: 06/15/2011)

June 13, 2011

June 13, 2011

PACER
85

ANSWER to Complaint filed by Gary R. Herbert, Mark Shurtleff.(Lawrence, Barry) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
86

NOTICE of Appearance by Timothy D. Evans on behalf of Gary R. Herbert, Mark Shurtleff (Evans, Timothy) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
87

NOTICE of Appearance by Philip S. Lott on behalf of Gary R. Herbert, Mark Shurtleff (Lott, Philip) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
89

DOCKET TEXT ORDER - the court hereby enters a standing order that counsel, including those filing amicus curiae briefs, are to provide chambers with courtesy copies of all briefing at the time the briefs are filed with the court. For briefs that have been filed already, if counsel has not provided a courtesy copy to chambers, the court requests that a copy be provided now. Signed by Judge Clark Waddoups on 6/15/2011. (No attached document.) (jwt) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
90

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Workers United Rocky Mountain Joint Board, Milton Ivan Salazar-Gomez, Utah Coalition of La Raza, Coalition of Utah Progressives, Latin American Chamber of Commerce, Eliana Larios, Alicia Cervantes, Service Employees International Union, Salt Lake City Brown Berets, Centro Civico Mexicano as to Gary R. Herbert served on 5/4/2011, answer due 5/25/2011. (Attachments: # 1 Exhibit A-Return of service & summons)(Goddard, Darcy) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
91

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Workers United Rocky Mountain Joint Board, Milton Ivan Salazar-Gomez, Utah Coalition of La Raza, Coalition of Utah Progressives, Latin American Chamber of Commerce, Eliana Larios, Alicia Cervantes, Service Employees International Union, Salt Lake City Brown Berets, Centro Civico Mexicano as to Mark Shurtleff served on 5/4/2011, answer due 5/25/2011. (Attachments: # 1 Exhibit A-Return of service & summons)(Goddard, Darcy) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
92

NOTICE of Appearance by Kathleen E. McDonald on behalf of Legal Momentum (McDonald, Kathleen) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
93

MOTION for Admission Pro Hac Vice of Laura J. Walther, Registration fee $ 15, receipt number 1088-1376094, filed by Movant Legal Momentum. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(McDonald, Kathleen) (Entered: 06/20/2011)

1 Exhibit

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2 Text of Proposed Order

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June 20, 2011

June 20, 2011

PACER
94

MOTION for Admission Pro Hac Vice of Elizabeth W. Newsom, Registration fee $ 15, receipt number 1088-1376124, filed by Movant Legal Momentum. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(McDonald, Kathleen) (Entered: 06/20/2011)

1 Exhibit

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2 Text of Proposed Order

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June 20, 2011

June 20, 2011

PACER
95

MOTION to File Amicus Brief by Legal Momentum filed by Movant Legal Momentum. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(McDonald, Kathleen) (Entered: 06/20/2011)

1 Exhibit

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2 Exhibit

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3 Text of Proposed Order

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June 20, 2011

June 20, 2011

PACER
96

ORDER granting 93 Motion for Admission Pro Hac Vice of Laura J. Walther for Legal Momentum. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/20/2011. (ce) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
97

ORDER granting 94 Motion for Admission Pro Hac Vice of Elizabeth W. Newson for Legal Momentum. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/21/2011. (ce) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
98

ORDER granting 95 Motion to File Amicus Brief. Signed by Judge Clark Waddoups on 06/23/2011. (asp) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
99

Amicus Curiae BRIEF re 36 Plaintiff's MOTION for Preliminary Injunction filed by Amicus Legal Momentum. (asp) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
100

Stipulated MOTION to Amend/Correct Schedule filed by Defendants Gary R. Herbert, Mark Shurtleff. (Attachments: # 1 Text of Proposed Order)(Lawrence, Barry) (Entered: 07/07/2011)

1 Text of Proposed Order

View on PACER

July 7, 2011

July 7, 2011

PACER
101

ORDER TO AMEND SCHEDULE- Set Deadlines as to 36 Plaintiff's MOTION for Preliminary Injunction.( Motion Hearing set for 9/2/2001 09:00 AM in Room 102 before Judge Clark Waddoups.). See order for details. Signed by Judge Clark Waddoups on 7/7/11. (jmr) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

PACER

Case Details

State / Territory: Utah

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 3, 2011

Closing Date: Sept. 15, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

a coalition of immigrant rights groups and individual immigrants, and, after consolidation, the United States

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The State of Utah, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Federalism (including 10th Amendment)

Right to travel

Supremacy Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Border police

Constitutional rights

Criminal prosecution

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation