UNITED STATES DISTRICT COURTDISTRICT OF UTAH, CENTRAL DIVISIONTHE UNITED STATES OF AMERICA,Plaintiff,v.THE STATE OF UTAH; and GARY R.HERBERT, Governor of the State of Utah, inhis official capacity,Defendants.
ORDER GRANTING TEMPORARYRESTRAINING ORDER
Case No. 2:13CV332Judge David Nuffer This matter comes before the Court on the United States’ Motion for TemporaryRestraining Order and for a Preliminary Injunction, in which Plaintiff asks the Court to enjoin theenforcement of Sections 53-13-106.5 and 76-8-512(4) of the Utah Code. The Court recognizesthat Plaintiff has provided notice to Defendants of this motion, and that Defendants havestipulated to the entry of this order in a telephone conference held this day. Having consideredthe motion and supporting documentation filed by the United States, the Court rules as follows:The United States argues in its motion that Sections 53-13-106.5 and 76-8-512(4) are preempted and unconstitutional. This argument is supported with legal authorities and there is alikelihood of success on the merits. The United States claims that it will suffer irreparable injury
Case 2:13-cv-00332-DN Document 9 Filed 05/13/13 Page 1 of 3