- 2 -these actions and from further constructing of the Border Security Fence, andpreserving the
status quo
pending a hearing for preliminary injunction.This Application is made on the ground that the Plaintiff has violated thisCourt’s April 16, 2009 Orders, which require that the Plaintiff consult with thedefendant landowners
prior
to entering the subject properties and commencingconstruction of the border fence. Defendant landowners will suffer imminent andirreparable injury if the Plaintiff is allowed to maintain possession and completeconstruction of the Border Security Fence in the next few days without first engaging inthe consultation required by the 2008 Consolidated Appropriations Act, L. No. 110-161,§ 564, 121 Stat. 1844, 2090-91 (2007) and by this Court’s Order of April 16, 2009.This Application is based on this Notice, the accompanying Memorandum of Points and Authorities, the attached Declaration of Peter Schey and related exhibits, andall other matters of record herein. A proposed Order is being lodged concurrentlyherewith. Counsel for defendant request that the Application be granted without ahearing, but if a hearing is required, counsel request permission to appeartelephonically.Counsel for the Plaintiff has been notified of this Application telephonically, viacorrespondence, and by electronic service of a copy of this Application and theaccompanying Memorandum of Law and Exhibits in Support of the Application.
See
Exhibit 1.Dated: April 23, 2009. Respectfully submitted,Peter A. Schey (Cal Bar #58232)Carlos Holguin (Cal Bar # 90754)Center for Human Rights and ConstitutionalLaw256 S. Occidental Blvd.Los Angeles, CA 90057Telephone: 388-8693, ext. 103
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