Federal court sets preliminary injunction hearing in CW lawsuit

In her one-page order, Manglona noted that certificates of service on respondents have not been filed with the court.

“Petitioners must demonstrate compliance with the service requirements of Rule 4 of the Federal Rules of Civil Procedure, including services of this order on the respondents,” Manglona ordered.

The petitioners, who filed the petition without a lawyer “on behalf of themselves and all other similarly situated,” is asking the court for “a judgment declaring that the CW final rule is unlawful and violates their rights “under the U.S. Constitution.”

The petitioners are Gerardo De Guzman, Hector Sevilla, Carlito Marquez, Bonifacio Sagana, Eduardo Elenzano, Lee Jong Ho and Manuel Vilaga.

The petitioners are foreign workers in the CNMI or U.S. citizen engaged in small-scale contracting business who are “adversely affected by the full-implementation of the CW final rule.”

Named  respondents were U.S. Department of Homeland Security Secretary Janet Napolitano; U.S. Citizenship and Immigration Services District Director David Gulick; U.S. Department of Labor Secretary Hilda Solis; and U.S. Department of Labor District Director Terrence Trotter.

CNMI-issued umbrella permits will expire on Nov. 27, 2011.

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