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    24 - States' Motion For TRO

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    Daily Caller News Foundation
    This document is a motion filed by 21 states seeking a temporary restraining order against the Centers for Disease Control and Prevention and other defendants. The states argue that the defendants have begun shifting to Title 8 removal before the publicly announced May 23, 2022 end date for Title 42, in violation of the Administrative Procedure Act. The states request that the court order the defendants to comply with Title 42 until it is properly amended or revoked according to the APA. They also request that the Department of Homeland Security submit a declaration by April 24 explaining any actions taken regarding implementation of the Title 42 termination.

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    24 - States' Motion For TRO

    Uploaded by

    Daily Caller News Foundation
    21K views6 pages
    This document is a motion filed by 21 states seeking a temporary restraining order against the Centers for Disease Control and Prevention and other defendants. The states argue that the defendants have begun shifting to Title 8 removal before the publicly announced May 23, 2022 end date for Title 42, in violation of the Administrative Procedure Act. The states request that the court order the defendants to comply with Title 42 until it is properly amended or revoked according to the APA. They also request that the Department of Homeland Security submit a declaration by April 24 explaining any actions taken regarding implementation of the Title 42 termination.

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    Doc 24 - States' Motion for TRO

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    Doc 24 - States' Motion for TRO

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    This document is a motion filed by 21 states seeking a temporary restraining order against the Centers for Disease Control and Prevention and other defendants. The states argue that the defendants have begun shifting to Title 8 removal before the publicly announced May 23, 2022 end date for Title 42, in violation of the Administrative Procedure Act. The states request that the court order the defendants to comply with Title 42 until it is properly amended or revoked according to the APA. They also request that the Department of Homeland Security submit a declaration by April 24 explaining any actions taken regarding implementation of the Title 42 termination.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21K views6 pages

    24 - States' Motion For TRO

    Uploaded by

    Daily Caller News Foundation
    This document is a motion filed by 21 states seeking a temporary restraining order against the Centers for Disease Control and Prevention and other defendants. The states argue that the defendants have begun shifting to Title 8 removal before the publicly announced May 23, 2022 end date for Title 42, in violation of the Administrative Procedure Act. The states request that the court order the defendants to comply with Title 42 until it is properly amended or revoked according to the APA. They also request that the Department of Homeland Security submit a declaration by April 24 explaining any actions taken regarding implementation of the Title 42 termination.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 1 of 6 PageID #: 1724

    IN THE UNITED STATES DISTRICT COURT


    FOR THE WESTERN DISTRICT OF LOUISIANA
    LAFAYETTE DIVISION

    THE STATE OF ARIZONA,


    By and through its Attorney General, Mark
    Brnovich, et al.,

    PLAINTIFFS,

    v. CIVIL ACTION NO. 6:22-cv-00885-RRS-CBW

    CENTERS FOR DISEASE CONTROL &


    PREVENTION; et al.,

    DEFENDANTS.

    PLAINTIFF STATES’ MOTION FOR A TEMPORARY RESTRAINING ORDER


    AND TO COMPEL PRODUCTION OF INFORMATION

    The States of Arizona, Louisiana, Missouri, Alabama, Alaska, Arkansas, Florida, Georgia,

    Idaho, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina,

    Tennessee, Utah, West Virginia, and Wyoming (collectively, “Plaintiff States”), respectfully move for

    a temporary restraining order under Federal Rule of Civil Procedure 65, with expedited response

    consideration, in their favor against the named Defendants. As explained in the attached

    Memorandum, Defendants have started shifting to Title 8 removal in advance of the publicly

    announced May 23, 2022, date in the Title 42 Termination Order, which itself violated the

    Administrative Procedure Act and is the subject of this litigation. This Motion is made on the grounds

    specified herein, the Complaint and other documents on file, the accompanying Memorandum of

    Law, the St. John Declaration and the exhibits attached thereto, all matters of which this Court may

    take judicial notice, and such other argument and evidence on which the Court may properly rely.

    1
    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 2 of 6 PageID #: 1725

    Plaintiff States are substantially likely to prevail on the merits of their claims and temporary

    injunctive relief is necessary to maintain the status quo and avoid substantial injuries to Plaintiff States’

    sovereign, quasi-sovereign, and proprietary interests. The public interest and balance of harms favor

    an order compelling Defendants to follow the law and their own announced policies. For the

    foregoing reasons, Plaintiff States respectfully request a temporary restraining order, without bond,

    enjoining Defendants from applying the Termination Order and requiring them to comply with the

    Title 42 Order until such time as the Title 42 Order is amended or revoked in compliance with the

    Administrative Procedure Act.

    Further, to confirm information provided by Defendants, and to address potential improper

    conduct by Defendants, this Court should order DHS to report on its activities on an expedited basis

    so that the States can consider whether additional relief is appropriate to seek. To that end, the Plaintiff

    States request that this Court enter an order requiring DHS to submit a declaration under oath by

    Sunday, April 24, at 5pm CST, explaining what actions (if any) they have taken to implement the Title

    42 Termination, either formally or that de facto have similar effect, that includes specified information

    as set forth in the attached memorandum.

    Plaintiff States have conferred with counsel for Defendants and informed them of this motion.

    Defendants stated that they intend to file a response to this motion. To avoid irreparable harm,

    Plaintiff States request that Defendants be ordered to respond to this motion no later than

    noon Central Time on Friday, April 22, 2022.

    A proposed order is attached. Counsel for the State of Louisiana is available at 225-485-2458;

    counsel for the State of Arizona is similarly available at 602-542-5252.

    2
    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 3 of 6 PageID #: 1726

    Dated: April 21, 2022 Respectfully submitted,

    By:/s/ Joseph S. St. John

    MARK BRNOVICH ELIZABETH B. MURRILL (La #20685)


    Attorney General Solicitor General
    BRUNN (“BEAU”) W. ROYSDEN III* J. SCOTT ST. JOHN (La #36682)
    Solicitor General Deputy Solicitor General
    DREW C. ENSIGN* LOUISIANA DEPARTMENT OF JUSTICE
    Deputy Solicitor General 1885 N. Third Street
    JAMES K. ROGERS* Baton Rouge, Louisiana 70804
    Senior Litigation Counsel Tel: (225) 326-6766
    ANTHONY R. NAPOLITANO murrille@ag.louisiana.gov
    Assistant Attorney General stjohnj@ag.louisiana.gov
    OFFICE OF THE ARIZONA ATTORNEY
    GENERAL Counsel for Plaintiff State of Louisiana
    2005 North Central Avenue
    Phoenix, AZ 85004 ERIC S. SCHMITT
    beau.roysden@azag.gov Attorney General
    drew.ensign@azag.gov D. JOHN SAUER
    james.rogers@azag.gov Solicitor General
    OFFICE OF THE MISSOURI
    Counsel for Plaintiff State of Arizona ATTORNEY GENERAL
    Supreme Court Building
    STEVE MARSHALL P.O. Box 899
    Alabama Attorney General Jefferson City, MO 65102
    EDMUND G. LACOUR JR.* Phone: (573) 751-3321
    Solicitor General John.Sauer@ago.mo.gov
    Office of the Attorney General
    State of Alabama Counsel for Plaintiff State of Missouri
    501 Washington Avenue
    P.O. Box 300152 TREG R. TAYLOR
    Montgomery, Alabama 36130-0152 Attorney General of Alaska
    Telephone: (334) 242-7300 CORI M. MILLS*
    Edmund.LaCour@AlabamaAG.gov Deputy Attorney General of Alaska
    CHRISTOPHER A. ROBISON*
    Counsel for Plaintiff State of Alabama Assistant Attorney General
    Alaska Department of Law
    1031 West 4th Avenue, Suite 200
    Anchorage, AK 99501-1994
    chris.robison@alaska.gov

    Counsel for Plaintiff State of Alaska

    3
    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 4 of 6 PageID #: 1727

    LESLIE RUTLEDGE ASHLEY MOODY


    Arkansas Attorney General Attorney General
    NICHOLAS J. BRONNI* JAMES H. PERCIVAL*
    Solicitor General Deputy Attorney General of Legal Policy
    DYLAN L. JACOBS* OFFICE OF THE FLORIDA
    Deputy Solicitor General ATTORNEY GENERAL
    OFFICE OF THE ARKANSAS The Capitol, Pl-01
    ATTORNEY GENERAL Tallahassee, Florida 32399-1050
    323 Center Street, Suite 200 Phone: (850) 414-3300
    Little Rock, Arkansas 72201 james.percival@myfloridalegal.com
    (501) 682-2007
    Nicholas.Bronni@arkansasag.gov Counsel for Plaintiff State of Florida
    Dylan.Jacobs@arkansasag.gov
    LAWRENCE G. WASDEN
    Counsel for Plaintiff State of Arkansas Attorney General,
    BRIAN KANE*
    Chief Deputy Attorney General
    CHRISTOPHER M. CARR Office of the Idaho Attorney General
    Attorney General of Georgia 700 W. Jefferson Street, Ste. 210
    STEPHEN J. PETRANY* P.O. Box 83720
    Solicitor General Boise, ID 83720
    OFFICE OF THE GEORGIA Telephone: (208) 334-2400
    ATTORNEY GENERAL Email: Brian.Kane@ag.idaho.gov
    40 Capitol Square, SW
    Atlanta, Georgia 30334 Counsel for Plaintiff State of Idaho
    (404) 458-3408
    spetrany@law.ga.gov DANIEL CAMERON
    Attorney General of Kentucky
    Counsel for Plaintiff State of Georgia MARC MANLEY*
    Associate Attorney General
    DEREK SCHMIDT Kentucky Office of the Attorney General
    Attorney General 700 Capital Avenue, Suite 118
    DWIGHT R. CARSWELL* Frankfort, Kentucky
    Deputy Solicitor General Tel: (502) 696-5478
    Office of the Kansas Attorney General
    120 SW 10th Ave., 3rd Floor Counsel for Plaintiff Commonwealth of Kentucky
    Topeka, KS 66612-1597
    dwight.carswell@ag.ks.gov

    Counsel for Plaintiff State of Kansas

    4
    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 5 of 6 PageID #: 1728

    AUSTIN KNUDSEN LYNN FITCH


    Attorney General Attorney General of Mississippi
    DAVID M.S. DEWHIRST* JUSTIN L. MATHENY*
    Solicitor General Deputy Solicitor General
    MONTANA DEPARTMENT OF JUSTICE OFFICE OF THE MISSISSIPPI
    215 N Sanders St ATTORNEY GENERAL
    Helena, MT 59601 P.O. Box 220
    P. (406) 444-2026 Jackson, MS 39205-0220
    David.Dewhirst@mt.gov Tel: (601) 359-3680
    justin.matheny@ago.ms.gov
    Counsel for Plaintiff State of Montana
    Counsel for Plaintiff State of Mississippi
    DOUGLAS J. PETERSON
    Attorney General DAVE YOST
    JAMES A. CAMPBELL* Ohio Attorney General
    Solicitor General BENJAMIN M. FLOWERS*
    OFFICE OF THE NEBRASKA ATTORNEY Solicitor General
    GENERAL Office of the Ohio Attorney General
    2115 State Capitol 30 E. Broad St., 17th Fl.
    Lincoln, Nebraska 68509 Columbus, OH 43215
    Tel: (402) 471-2682 benjamin.flowers@ohioattorneygeneral.gov
    jim.campbell@nebraska.gov
    Counsel for Plaintiff State of Ohio
    Counsel for Plaintiff State of Nebraska

    ALAN WILSON
    JOHN M. O’CONNOR South Carolina Attorney General
    Attorney General of Oklahoma THOMAS T. HYDRICK*
    BRYAN CLEVELAND* Assistant Deputy Solicitor General
    Deputy Solicitor General Post Office Box 11549
    OKLAHOMA ATTORNEY GENERAL’S Columbia, SC 29211
    OFFICE (803) 734-4127
    313 NE 21st Street thomashydrick@scag.gov
    Oklahoma City, OK 73105
    Phone: (405) 521-3921 Counsel for the State of South Carolina

    Counsel for Plaintiff State of Oklahoma

    5
    Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 6 of 6 PageID #: 1729

    HERBERT H. SLATERY III SEAN D. REYES


    Attorney General and Reporter of Tennessee Utah Attorney General
    ANDRÉE S. BLUMSTEIN MELISSA HOLYOAK*
    Solicitor General Utah Solicitor General
    CLARK L. HILDABRAND* 350 N. State Street, Suite 230
    BRANDON J. SMITH* P.O. Box 142320
    Assistant Solicitors General Salt Lake City, UT 84114-2320
    Office of the Tennessee Attorney General and (801) 538-9600
    Reporter melissaholyoak@agutah.gov
    P.O. Box 20207
    Nashville, TN 37202-0207 Counsel for Plaintiff State of Utah
    (615) 253-5642
    Clark.Hildabrand@ag.tn.gov BRIDGET HILL
    Brandon.Smith@ag.tn.gov Attorney General of Wyoming
    RYAN SCHELHAAS*
    Counsel for Plaintiff State of Tennessee Chief Deputy Attorney General
    OFFICE OF THE WYOMING ATTORNEY
    PATRICK MORRISEY GENERAL
    Attorney General 109 State Capitol
    LINDSAY SEE* Cheyenne, WY 82002
    Solicitor General Tel: (307) 777-5786
    Office of the West Virginia Attorney General ryan.schelhaas@wyo.gov
    State Capitol, Bldg 1, Room E-26
    Charleston, WV 25305 Counsel for Plaintiff State of Wyoming
    (681) 313-4550
    Lindsay.S.See@wvago.gov

    Counsel for Plaintiff State of West Virginia

    * Pro hac vice application forthcoming

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