HomeMy WebLinkAbout710534.tiff / -
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FILED
United States District Cot,
Denver, Colorado
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO JUL 2 1 1971
n -3 n G. WALTER BOWMAN
Civil Action No. C Z / CLERK• �Fv
MARTINA AGUIRRE, JOE ROMERO, ABRELIA )
ROMERO, and MARY L. MACKEY, individually )
and on behalf of all other persons ) w /�
2
similarly situated, ) l i e • i
)
Plaintiffs , )
)
vs. )
)
GLENN K. BILLINGS, MARSHALL ANDERSON, and ) MOTION FOR TEMPORARY
HARRY S. ASHLEY, individually and as ) RESTRAINING ORDER AND
Members of the Weld County Board of Public ) PRELIMINARY INJUNCTION
Welfare and the Weld County Board of )
County Commissioners; HAROLD ANDERSON, )
individually and as a former member of the )
Weld County Board of Public Welfare and )
the Weld County Board of County Commissioners ;
and FRANCIS M. LOUSTALET, individually
and as the Treasurer of Weld County; CON F. )
SHEA, individually and as Executive Director )
of the Department of Social Services, State of )
Colorado; CHARLINE BIRKINS, individually and )
as Director of the Colorado State Division of )
Public Welfare; WILLIE E. ANTHONY, ERNEST J . )
BLOEDORN, MANUEL M. DIAZ, JOHN L. HALEY, JAMES )
A. HENDERSON, KEITH McBURNEY, GAIL F. OUREN, )
HENRY J. TUPPER, JAMES VINCENT, individually )
and as constituting the Colorado State Board )
of Social Services, )
)
Defendants. )
Plaintiffs, through their attorneys, upon the verified complaint
filed in this action move this Court to issue a Temporary Restraining Order, ex
parte if necessary or a Preliminary Injunction, restraining Defendants , their
agents, employees and successors from denying welfare benefits at present
levels to Plaintiffs and the class they represent and from refusing to accept
new applications for assistance and make the payments when indicated.
Plaintiffs pray that such relief be granted pending hearing on the
Complaint requesting a permanent injunction on the ground that they will
suffer immediate and irreparable injury as more fully set out in the Complaint.
Plaintiffs respectfully move that pending final decision by this
Court of the questions involved, that the minimal relief prayed for be granted.
Respectfully submitted,
710534
.S Seer
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67 l
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A. ndrew Borg
�fred Mann
1502 - th Avenue
Greeley, Colorado
353-7554
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Jean Dubofsky ,
4L /Lm D. Prakken
970 Aurora, P.O. Drawer 929
Boulder, Colorado
442-8763 Attorneys for Plaintiffs
•
IN THE UNITED STATES DISTRICT COURT
FOR 111E DIS RECT OE COLORADO
Civil Action No . _
MARTINA AGUIRRE, JOE ROMERO, ABRELIA ROMERO and )
MARY L. . MACKEY, individually and on behalf of all )
other persons similarly situated, )
Plaintiffs , )
vs . )
GLENN K. BILLINGS, MARSHALL ANDERSON, and HARRY )
S. ASHLEY, individually and as Members of the )
Weld County Board of Public Welfare and the Weld )
County Board of County Commissioners ; HAROLD )
ANDERSON, individually and as a former member )
of the Weld County Board of Public Welfare and ) MOTION TO INVITE THE
the Weld County Board of County Commissioners ; ) SECRETARY OF HEALTH
and FRANCIS M. LOUSTALET, individually and as ) EDUCATION AND WELFARE
the Treasurer of Weld County; CON F. SHEA, -individ- ) TO APPEAR AS AMICUS
ually and as Executive Director of the Department ) CURIAE
of Social Services , State of Colorado; CHARLINE )
BIRKINS, individually and as Director of the Colo- )
rado State Division of Public Welfare; WILLIE E. )
ANTHONY, ERNEST J. BLOEDORN, MANUEL M. DIAZ, JOHN )
L. HALEY, JAMES A. HENDERSON, KEITH McBURNEY, GAIL )
F. OUREN, HENRY J. TUPPER, JAMES VINCENT, individ- )
ually and as constituting the Colorado State Board )
of Social Services. )
Defendants . )
1 . Plaintiffs , through their attorneys, move this Court to
issue an Invitation to the Secretary of Health Education and Welfare to
appear in this matter as Amicus Curiae, said motion is made to assist
the Court in obtaining the views of the Secretary regarding the applic-
ability of Federal Standards to the within action.
2. In support of this Motion, Plaintiffs cite the analagous
case from Rosado v. Wyman, 397 U.S. 397 (1970) wherein the Supreme Court
states that;
"Whenever possible the district courts should obtain
the views of HEW in those cases where it has not set
forth its views , either in a regulation or published
opinion, or in cases where there is real doubt as to
how the Department's standards apply to the particular
regulation or program. " At PP.406-407.
If, and only if it becomes necessary in disposing Plaintiffs ' prayer
for an injunction, Plaintiffs may join the Secretary of Health Education
and Welfare as a party. See California Department of Human Resources v.
Java U.S. , 28 Law Ed.2d, 666,676, 19 (1971 ) .
3. If the Court grants this Motion, attorneys for the Plaintiffs
will deliver the Court's invitation to the Secretary by mailing a copy to:
Mr. Wilnot Hastiri s
General Counsel of Departeent of
Health Education and Welfare
HEW I'ni1dinq North
330 lndependence Avenue S.W.
Washington, D. C. 20201
and by delivering a copy also to:
Hon. James L. Treece
United States Attorney
United States Court House
Denver, Colorado
Respectfully submitted,
A. Andrew Borg ()
Colorado Rural Legal Services , Inc.
1502 9th Avenue
Greeley, Colorado 80631
(303/I)353-7//555
Wilfred. R. Mann
Colorado Rural Legal Services , Inc.
1502 9th Avenue
Greeley, Colorado 80631
(303)353-7555
iii i ii .C F .V; / C- 1 j
Jean Dubofsky
Colorado Rural Legal Services , Inc.
970 Aurora
P. 0. Drawer 929
Boulder, Colorado 80302 •
(303)442-8763 •
/iiWilliam D: Prakken
Colorado Rural Legal Services , Inc.
970 Aurora
P. 0. Drawer 929
Boulder, Colorado 80302
(303)442-8763
CERTIFICATE OF MAILING
I hereby certify that on this_;_ __. clay of__I_! . , 1971 I served
the foregoing Motion upon Defendants ' by depositing copies thereof in the
United States Mail , postage prepaid addressed to the following:
Douglas D. Doane, Esq.
Assistant Attorney General
State Department of Social Services
1575 Sherman Street
Denver, Colorado 80203
Hon. James L. Treece
United States Attorney
United States Court House
Denver, Colorado
Mr. Wilmot Hastings
General Counsel of Department of
Health Education and Welfare
HEW Building North
330 Independence Avenue S.W.
Washington, D. C. 20201
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