Plaintiffs Motion For Injunction - Fathers And Families, Inc. Et Al V. Chief Justice Mulligan, Et Al.

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COMMONWEALTH OF MASSACHUSETTS 1 THE TRIAL COURT Suffolk, ss.

Superior Court Dept. Suffolk Division )

FATHERS AND FAMILIES, INC., ) Et. Al. Plaintiffs, vs. Hon. ROBERT A. MULLIGAN, in his official capacity, and THE JUSTICES OF THE TRIAL COURT OF MASSACHUSETTS, in their official capacity Defendants.

) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION No.

09-1069-E

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs hereby move for a preliminary injunction in this matter against the above named defendants, per the attached proposed injunction. As reason for this request, Plaintiffs state: 1. The Plaintiffs request a preliminary injunction, enjoining Defendant Robert A. Mulligan, in

his official capacity as Chief Justice of Administration and Management of the Trial Court of Massachusetts, along with the Judges of all departments of the Trial Court of Massachusetts, from applying the new Child Support Guidelines, effective January 1, 2009, to any cases involving child support, pending further order of the Court. 2. Plaintiffs do not seek to change the current child support guidelines which are operative in

Massachusetts, nor to change any current child support order, but to preserve the status quo ante until the court can make a full ruling on the merits of the issues raised in the Complaint.

3. The Court is respectfully referred to the accompanying Memorandum of Law and attached

affidavits for the facts and legal arguments supporting the issuance of a preliminary injunction. 4. The Plaintiffs request that the court allow a hearing on this motion, to be scheduled as soon

as the Court and opposing party, represented by Attorney General of the Commonwealth, can accommodate. Respectfully Submitted, The Plaintiffs, By Counsel, Dated: March 16, 2009

____________________________ Gregory A. Hession J.D. 172 Thompson Street Springfield, MA 01109 413.746.3333 BBO No. 564457

Certificate of Service I, Gregory A. Hession J.D., counsel for plaintiffs in the above captioned action, hereby certify that I have caused the foregoing motion for preliminary injunction, along with accompanying memorandum of law, and proposed preliminary injunction, to be served via first class mail, to William Porter, Esq., counsel for the Defendants, the Office of the Attorney General, One Ashburton Place, Boston, Massachusetts, on March 17, 2009. ___________________________ Gregory A. Hession J.D.

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