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Judge's order in Fehrenbach case

Judge's order in Fehrenbach case

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Published by JoeSudbay
It's official. The judge signed the order, which states that Lt. Col. Fehnrenbach cannot be discharged under DADT without notice -- and the opportunity to seek an injunction.
It's official. The judge signed the order, which states that Lt. Col. Fehnrenbach cannot be discharged under DADT without notice -- and the opportunity to seek an injunction.

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Published by: JoeSudbay on Aug 18, 2010
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08/18/2010

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UNITED STATES DISTRICT COURTDISTRICT OF IDAHOLIEUTENANT COLONEL VICTOR J.FEHRENBACH,Plaintiff,v.DEPARTMENT OF THE AIR FORCE;
et al
.Defendants.Case No. 1:10-cv-00402-EJL
ORDER TO PRESERVE THESTATUS QUO, TO DISMISSPLAINTIFF’S MOTION FORTEMPORARY RESTRAININGORDER AND TO SET BRIEFINGSCHEDULE ON MOTION FORPRELIMINARY INJUNCTION
 Based on the Defendants’ representations, and the parties’ stipulation (Docket No.16), Plaintiff’s Application for a Temporary Restraining Order and Request for anExpedited Hearing Date (Docket Nos. 2 and 5) are hereby WITHDRAWN. Plaintiff’sApplication for a Preliminary Injunction (Docket No. 2) remains pending before theCourt. Accordingly, based on the Stipulation of the parties, this Court will set a briefingschedule and hearing date, if needed, on the Application for Preliminary Injunction asfollows:1) If a decision to discharge the Plaintiff is made by the Secretary of the Air Forceor his designee, the Defendants agree to notify Plaintiff’s lead counsel and the Court thesame day such decision is made and not to take any steps to execute or process Plaintiff’sdischarge or separation, to give any effect to a decision to discharge or separate Plaintiff,or to establish any date for the discharge or separation of Plaintiff for twenty-one (21)days following notification to the Court and Plaintiff of the Defendants dischargedecision. In this situation, the Defendants shall serve (by electronic mail) and file their
Case 1:10-cv-00402-EJL Document 17 Filed 08/17/10 Page 1 of 2

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