Cv-00845-LY Document 28 Filed 08/01/16 Page 1 of 22
Case 1:16-cv-00845-LY Document 28 Filed 08/01/16 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DR. JENNIFER LYNN GLASS, et al., § Plaintiffs, § § v. § NO. 1:16-CV-845 § KEN PAXTON, IN HIS OFFICIAL CAPACITY AS § ATTORNEY GENERAL OF TEXAS, et al., § Defendants. § ______________________________________________________________________________ UT DEFENDANTS’ RESPONSE TO PLAINTIFFS’ APPLICATION FOR PRELIMINARY INJUNCTION ______________________________________________________________________________ Defendants Gregory L. Fenves, President of The University of Texas at Austin (“UT Austin”), and the Board of Regents for The University of Texas System, in their official capacities, including Paul L. Foster, R. Steven Hicks, Jeffery D. Hildebrand, Ernest Aliseda, David J. Beck, Alex M. Cranberg, Wallace L. Hall, Jr., Brenda Pejovich, Sara Martinez Tucker, and Varun P. Joseph,1 (“the Regents”), (collectively “UT Defendants”) hereby respond to the Plaintiffs’ Application for Preliminary Injunction in the above-captioned cause, and show as follows: STANDARD FOR ISSUANCE OF PRELIMINARY INJUNCTION To obtain preliminary injunctive relief, the applicant must show (1) a substantial likelihood that she will prevail on the merits, (2) a substantial threat that she will suffer irreparable injury if the injunction is not granted, (3) that her threatened injury outweighs the threatened harm to the party whom she seeks to enjoin, and (4) that granting the relief will serve the public interest. See Planned Parenthood of Houston & Southeast Tex. v. Sanchez, 403 F.3d 324, 329 (5th Cir. 2005). Relief in the form of “federal injunctive decrees directing state officials” is an extraordinary remedy. Morrow v. Harwell, 768 F.2d 619, 627 (5th Cir.
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