. /'

• Case 3:07-cv-00061

Document 1

U.S. DISTRK

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Filed 01/11/2007NORPTHagEeRN1 DofiS3l5lth, t uF TEXAS

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JAN y1J 20U7

J ORIGINAIN THE UNITED STATES DISTRICT CO

{OR THE NORTHERN DISTRICT OF TE

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DALLAS DIVISION

ELIZABETH BARRIETOS,

§

RAYMUNDO FOERTES, MONICA V. §

BARRIENTOS, DUNG TRAN,

§

MARIA C. PERALES, EUSEBIO

§

EDUARDO EGUSQUIZA, ASLAN §

RAFIZADEH, ADELA REYES,

§

FELIPA ZAMORA, ANA R.

§

MONTOYA, OTTO BARRERA,

§

RAMON PACHECO, RAFAEL

§

GARCIA, MAGDALENE RANGEL, §

SANDRA TREJO, JUAN SANCHEZ, §

OSCAR GARCIA, TANVEER

§

YOUSUF, SU YOU, BELEN ORTIZ, §

ALICIA ALVARADO,

§

REYNA FIGUEROA, ANA CECILIA §

CASTRO, VICTORINO CALEXES, §

ELVA RODRIGUEZ, MARTHA A. §

GONZALEZ, GIOVARY GARCIA, §

MARTA CASTILLO, GUILLERMO §

GIL, DOUGLAS MALDONADO,

§

PATRICIA GONZALEZ

§

JANE DOES 1-25 AND JOHN

§

DOES 1-25,

§

Plaintiffs,

§

§

v.

§

§

CITY OF FARMERS BRANCH,

§

Defendant.

§

CASE NO. _____________
8-07CV0061~'~G
<\w1( .
COMPLAINT

Plaintiffs, Elizabeth Barrietos, Raymundo Foertes, Monica V. Barrientos, Dung

Tran, Maria C. Perales, Eusebio Eduardo Egusquiza, AsIan Rafizadeh, Adela Reyes,

LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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Felipa Zamora, Ana R. Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia,

Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su

You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro,Victorino

Calexes, Elva Rodriguez, Martha A. Gonzalez, Giovary Garcia, Marta Castillo,

Guillermo Gil, John Does 1-25, and Jane Does 1-25 bring this complaint for

affirmative relief, injunctive relief, and declaratory relief against the City ofFarmers

Branch, and would show:

INTRODUCTION

1. On November 13,2006, the City of Farmers Branch (Farmers Branch) passed

Ordinance No. 2892. (Exhibit A). Ordinance No. 2892 carried the description of

An Ordinance Amending Chapter 26, Business, Article IV Apartment Complex Rental, Mandating a Citizenship Certification Requirement Pursuant to 24 CFR 5, et seq.; Providing for Enforcement; Providing for a Penalty; Providing a Severability Clause, Providing an Effective Date; and Declaring an Emergency (Ordinance).

The Ordinance goes into effect on January 12,2007. An actual, real, and substantial

controversy now exists between the Plaintiffs and Farmers Branch regarding the

constitutionality, and consequent enforceability, of the Ordinance. Because of this

controversy, Plaintiffs have suffered loss of business, and unless and until such controversy and the rights and legal relations of the parties are judicially determined,

adjudicated, and declared in this action, Plaintiffs will continue to suffer business

LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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losses until they fail completely.

2. This Ordinance makes it a misdemeanor for a multi-family property

owner/manager to allow any family with a defined noncitizen member to occupy a

rental unit upon entering or renewing a lease. The misdemeanor carries a fine of

$500 per day per violation, without defining what constitutes one violation; namely,

it is one violation per family or per noncitizen in the family. The Ordinance

effectively calls for immediate eviction upon renewal for a mixed family (a family

comprised of citizens and noncitizens), without any due process. The Ordinance

further provides for a review in 180 days and its extension into other property rights

and businesses.

3. Similar ordinances passed by the City ofEscondido, California and Hazelton,

Pennsylvania have been enjoined from being enforced by federal courts. Garrett v.
City 0/ Escondido, No. 06-CV-2434-JAH (NLS) (S.D.Cai. December 15, 2006)

(permanent injunction); Lozano v. City o/Hazelton, No. 06-CV-56-JMM (M.D. Penn.

October 31,2006) (temporary restraining order).

4. Plaintiffs seek a decree declaring the Ordinance unconstitutional in its entirety,

a preliminary and permanent injunction against the Ordinance's enforcement,

affirmative relief, attorney's fees, and costs.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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JURISDICTION AND VENUE

5. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and 1343 for

plaintiffs' claims predicated upon 42 U.S.C. §§ 1981 and 1983; and under 28 U.S.C.

§§ 2201 and 2202 for plaintiffs' declaratory relief.

6. The Court has personal jurisdiction over Farmers Branch, which is a Texas

municipality located in the Northern District of Texas, under 28 U.S.C. § 1391(b).

7. Venue is proper in the Northern District ofTexas, Dallas Division, because the

events giving rise to this action occurred in the Dallas Division and the defendant is

located in the Dallas Division. 28 U.S.C. § 1391(b).

PARTIES

8. Plaintiffs Elizabeth Barrietos, Raymundo Foertes, Monica V. Barrientos, Dung

Tran, Maria C. Perales, Eusebio Eduardo Egusquiza, AsIan Rafizadeh, Adela Reyes,

Felipa Zamora, Ana R. Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia,

Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su

You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro,Victorino

Calexes, Elva Rodriguez, Martha A. Gonzalez, Giovary Garcia, Marta Castillo,

Guillermo Gil, John Does 1-25 and Jane Does 1-25 are all natural persons residing in Texas.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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9. Farmers branch is a municipal corporation located in Dallas County, Texas;

and may be served with process through its Mayor, Robert Phelps, at 12705 Epps

Field, Farmers Branch, Texas 75234.

ORDINANCE

10. In the late eighties, Farmers Branch had been a defendant in federal litigation

to compel its participation in section eight housing. I Upon agreeing to participate,

Farmers Branch was dismissed from the litigation. Citing back to the Walker

litigation, Farmers Branch decided that to safeguard the public, it needed an Ordinance for immigration certification consistent with BUD regulations2 for section

eight housing. But rather than incorporating the BUD regulations in the Ordinance,

Farmers Branch selectively chose provisions from the regulations and added

provisions to hastily fashion new immigration law for Farmers Branch, independent

of the federal government.

11. Section 1 to the Ordinance incorporated the Ordinance's preamble as being

found true and correct. This one statement typifies the lack offorethought and debate

that went into the Ordinance, as evidenced by the lack of truth and rectitude in the preamble.

Walker v. United States HUD, 734 F. Supp. 1231, n6 (N.D. Tex. 1989).

2

24 C.F.R. §§ 5.504 - 5.520.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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12. For example, the preamble states Farmers Branch is authorized by law to adopt

the Ordinance and that Farmers Branch has adhered to all statutory and constitutional

requirements. By passing and seeking to enforce the Ordinance, Farmers Branch has

violated the very structure of our government. The passage reflects an attempt to

exercise a power delegated to the federal government under Article I, Section 8,

Clauses 3 and 4 and Article VI, Clause 2 (Supremacy Clause) of the United States

Constitution. Such an attempted exercise of power also reflects a contravention of

the Tenth Amendment to the United States Constitution, which reserved no such

power to local governments. Similarly, the Immigration and Naturalization Act

(INA) precludes a local government from assisting in the enforcement ofimmigration

laws, absent a written agreement with the U.S. Attorney, under 8 U.S.C. § 1357. The

Ordinance makes no mention of such an agreement, because none exists. Farmers

Branch lacked the authority to pass the Ordinance and in doing so failed to adhere to

the United States Constitution and federal statutes.

13. But the most troubling element ofthe preamble comes from one ofthe few true

statements in the preamble: Farmers Branch's intent to revisit the Ordinance in 180

days so as to extend the Ordinance to single family rental units, non-rental residential

units, and other property interests. If allowed the right to restrain apartment rental

contractual relations with noncitizens, Farmers Branch will think no bar precludes it

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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from extending the restraint to all contractual relations with noncitizens.

14. Farmers Branch truly intends to single-handedly refashion immigration law,

on the fly. All under the guise of promoting the public welfare; and all without any

analysis into the Ordinance's economic effect upon local businesses - as evidenced

by the current destruction of retail business in Farmers Branch.

15. Section 2 to the Ordinance integrates selective definitions from the HUD

regulations, with one glaring omission: the definition for "mixed family". The HUD

regulations define "mixed family" as a "family whose members include those with

citizenship or eligible immigration status, and those without citizenship or eligible

immigration status." (Emphasis added) 24 C.F.R. § 5.504(b). The Ordinance fails

to recognize the reality of the nuclear immigrant family: a family of citizens and

noncitizens who do not want to be tom apart.

16. The need to omit the "mixed family" definition found in the HUD regulations

becomes apparent in the remaining language in Section 2 to the Ordinance. Each

family member, regardless of age, has to provide evidence of citizenship. And a

property manager cannot allow a family to occupy a unit if anyone member of the

family fails to provide the citizenship evidence. 17. A "mixed family", accordingly, could never live in a private rental unit in

Farmers Branch. However, a "mixed family" could live in, and obtain assistance for,

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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section eight housing in Farmers Branch, under the HUD regulations. 24 C.F.R. §§

5.514 (b)(vi), 5.516(a), 5.518, and 5.520. Indeed, Section 5.514 provides that

"assistance to a family may not be delayed, denied, reduced or terminated because of

the immigration status ofa family member except as provided in this section." Where

is the consistency with the HUD regulations that Farmers Branch avows in the

Ordinance? Why does a "mixed family" that pays its own rent without government

assistance pose a threat to the general welfare, when a "mixed family" that needs

government assistance to pay the rent does not?

18. Impervious to the inconsistencies between the Ordinance and the HUD

regulations, Farmers Branch proceeds to make the blanket statement in Section 3 that

[T]he sole intention of this Ordinance and the exercise of the police power ofthe City is for the purposes of assisting the United States Government in its enforcement of the Federal Immigration Laws and not an attempt or effort to promulgate new and additional Immigration Laws or to conflict in any manner with the Federal Government's promulgation and enforcement of Immigration Laws.

What federal immigration law provides for fines of$500 per day per violation against

property owners/managers of multi family units that fail to immediately evict tenant

families when a lease comes up for renewal, if each member of the family cannot

establish citizenship? Which immigration law provides for immediate eviction

without due process for the tenant? No hearing, no notice, no representation by

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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counsel, no interpretive services, no appeal, and no judicial relief - only the threat of draconian fines for the property owner/manager who does not immediately evict? 19. Finally, in Section 6 ofthe Ordinance, Farmers Branch gave emergency status

to the Ordinance because its present ordinances could not protect the public welfare. Truth be known, Farmers Branch thought that the present immigration laws, if

enforced by the federal government, would protect the public welfare; evidenced by the attached Resolution No. 2006-099. (ExhibitB). However, Farmers Branch could not impose penalties on or intimidate the federal government; it could, however,

intimate local businesses and their clientele. By passing a law that would not only intimidate and frighten away clientele within Farmers Branch but also outside

Farmers Branch, the city fathers believed, like Pudd'nhead Wilson, it would be easier to have an immigrant stay out than get oue.

20. Thus, after decrying noncitizens' lack of respect for the rule of law, Farmers Branch dishonored that very rule by illegitimately exercising authority. Farmers

Branch, in contravention of the United States Constitution, adopted the Ordinance.

The rule of law must now act as a safeguard against that arbitrary governance by Farmers Branch and strike down the Ordinance.

Twain, M., Pudd'nhead Wilson's New Calendar, Chapter 18.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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FEDERAL PREEMPTION 21. Article I, Section 8, Clauses 3 and 4 to the United States Constitution provides, in relevant part:

The Congress shall have the power ... To regulate commerce with foreign nations.. . To establish a uniform rule of naturalization....

The term "shall" dictates that power over immigration law vests solely in the federal

government. Indeed, the U.S. Supreme Court has held that the federal government's

power to control immigration is inherent in the nation's sovereignty.

22. Article VI, Section 2, of the United States Constitution provides:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution of Laws of any State to the Contrary notwithstanding.

Denominated the Supremacy Clause, this clause embraces all enumerated powers to

establish and regulate immigration law set forth in Article 1. Section 8, supra.

23. The Tenth Amendment to the Constitution provides:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Having delegated the power to establish immigration laws to the federal government,

no power is reserved to the states or its municipalities to establish immigration law

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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per the Tenth Amendment. The Supremacy Clause also preempts any efforts by a

state or local government to enact laws that affect immigration, as confirmed by the

Tenth Amendment.

24. In keeping with the exclusive, delegated power to establish immigration law,

the federal government has enacted an Immigration and Nationality Act (INA) and

promulgated regulations for implementing the INA. Neither the INA nor its

regulations devolves power to local governments to establish immigration law. And

the only means whereby a local government can even assist in the implementation of

the INA emanates from a written agreement between the local government and U.S.

Attorney General, under 8 U.S.C. § 1357. But even that assistance does not permit

promulgation of immigration related laws or regulations. Note, no such agreement

exists in this case and no such agreement is mentioned in the Ordinance.

25. However, the Ordinance does state that "the sole intention ofthis Ordinance...

is for the purposes of assisting the United States Government in its enforcement of

the Federal Immigration Laws...." Absent a written agreement from the U. S. Attorney

General, the only avowed purpose for Farmers Branch enacting the Ordinance - to

assist the federal government in enforcing immigration law - fails.

26. By preemption, Federal law readily annuls this Ordinance as an impermissible

attempt to regulate immigration and as a hindrance to Congress' comprehensive

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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scheme of immigration regulation.

PASSAGE

27. With much fanfare and little forethought, on November 13, 2006, Farmers

Branch passed the Ordinance.

28. Farmers Branch did not openly discus or analyze the Ordinance's affect on

those local businesses that rely upon immigrant clientele and immigrant staff. The

record is devoid of any effort to consider or mitigate the economic detriment the

Ordinance will have on Farmers Branch's primary source of sales tax revenue and a

major source of its property tax revenue: retail businesses.

29. Albeit passed for the citizens welfare, nothing in the public record would

support such a statement. Even the mayor of Farmers Branch openly refuted the

anecdotal information espoused by certain councilmen as to welfare interests in issue.

From the record, the Ordinance simply stands for the proposition that removal of all

immigrants from Farmers Branch is an end in itself.

PLAINTIFFS

30. Plaintiffs are defined "citizens" under the Ordinance. They operate retail

businesses in Farmers Branch. Per the 2000 census, Latinos and immigrants made

up over 40 percent ofFarmers Branch's population. That percentage has risen since

2000. Couple the resident population with the Latinos/immigrants that work and

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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shop in Farmers Branch, and Latinos/immigrants form an economic base that can make or break a retail business in Farmers Branch. Just the Ordinance's

promulgation has seriously impaired the Plaintiffs' businesses and markedly

diminished the value of their property interests from the steady decline in Latino/immigrant clientele. 31. The Plaintiffs have invested their time, effort, sweat, money, and soul in their businesses as well as the community. Their lives and the lives of their families

revolve around the operation and vitality of their businesses. They have made

improvements to their retail spaces and developed goodwill with their clientele. They pay sales taxes, property taxes, franchise taxes, and income taxes that fund improvements and governmental operations in Farmers Branch.

32. More importantly, the Plaintiffs have creditors. Creditors who do not reduce the rent, abate loan payments, forgive indebtedness, advance additional credit or take on further risk as the Plaintiffs' source of revenue - immigrant clientele - erodes. 33. The Plaintiffs have a right to protect the property interest they have in their immigrant clientele's goodwill, notwithstanding the fact that the clientele lack an ongoing obligation to deal with the Plaintiffs. The Plaintiffs, however, cannot protect that goodwill by continuing to provide valuable services and goods, when the

Ordinance removes and frightens the clientele out of Farmers Branch, entirely. The

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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Plaintiffs' businesses are doomed to fail, but not from anything they did or controlled.

The Plaintiffs have no adequate remedy at law for their legislated failure.

34. The Plaintiffs provide an economic multiplier effect in Farmers Branch that

reaches well beyond the four walls oftheir business. For example, they pay rent, they

buy groceries and materials locally, they bank in Farmers Branch, and they attract

customers that acquire other goods and services from Farmers Branch businesses.

They are the very life blood of Farmers Branch.

35. However, with the passage of the Ordinance, Farmers Branch has cut off the

oxygen supply to that life blood: Latino and immigrant clientele. And as the

businesses die, so will Farmers Branch. The Ordinance harms, rather than protects,

the citizen welfare that forms the purported authorization for its passage.

36. The Plaintiffs have faced imminent harm since the Ordinance's first reading.

That harm has caused irreparable injury, which has increased from promulgation,

adoption, and, finally, enactment of the Ordinance, on January 12, 2007. The

Ordinance has violated and will continue to violate the Plaintiffs' constitutional

rights. Judicial intervention through declaratory, equitable, and affirmative reliefhas

become necessary to protect the Plaintiffs' constitutional and property rights.

37. Repeated demands upon Farmers Branch to suspend or repeal the enactment

of this Ordinance have been denied. Therefore, this action becomes the only means

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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for the reliefdemanded. And the plaintiffs have been required to obtain legal counsel

to prosecute their claims.

CAUSES OF ACTION

VIOLATION OF THE SUPREMACY CLAUSE

38. Plaintiffs incorporate by reference the prior allegations.

39. The Ordinance attempts to usurp the federal government's exclusive power

over immigration and naturalization and its power to regulate foreign affairs.

40. The Ordinance is preempted because its regulatory scheme attempts to legislate

in fields occupied by the federal government.

41. The power to establish immigration law has not been reserved to the states or

their municipalities under the Tenth Amendment.

42. The Ordinance threatens the uniformity and primacy ofthe federal immigration

system and conflicts with federal immigration law.

43. The Ordinance thus violates the Supremacy Clause on its face or as applied.

44. The federal government, moreover, has not entered into a written agreement

with Farmers Branch requesting assistance in the formulation or enforcement of

immigration law.

45. Therefore, plaintiffs are entitled to declaratory and injunctive relief.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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VIOLATION OF EQUAL PROTECTION

46. Plaintiffs incorporate by reference the prior allegations.

47. The Ordinance draws a distinction between those aliens who may and those

who may not become citizens; one class being allowed to occupy units, the other

being summarily evicted or denied occupancy.

48. The Ordinance acts to draw a distinction between a "mixed family" occupying

or seeking to occupy a privately owned unit and a "mixed family" in section eight

federal housing. A family with a noncitizen member can rent property in Farmers

Branch, but only if the federal government provides assistance for that rental.

49. The Ordinance provides that its provisions "shall be applied uniformly and in

a nondiscriminatory manner, and the application of these provisions must not differ

based on a person's race, religion, or national origin...." However, the Ordinance

permits enforcement, fines, eviction, and denial of housing based in part on national

ongm or race.

50. The Ordinance seeks to discriminate upon the ordinary conduct of private

business. At its core, the Fourteenth Amendment serves to protect the Plaintiffs'

personal right and opportunity to work for a living.

51. The Ordinance is thus invalid under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Fourteenth

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.o. BOX 223667 DALLAS, TEXAS 75222-3667

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Amendment by its plain terms apply to any "person", which embraces aliens, and calls for universal application ofthe law to everyone in the United States, regardless

of nationality.

52. Therefore, plaintiffs are entitled to declaratory and injunctive relief.

VIOLATION OF PROCEDURAL DUE PROCESS 53. Plaintiffs incorporate by reference the prior allegations.

54. The Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits Farmers Branch from depriving the Plaintiffs oftheir property

interests without due process of law.

55. Plaintiffs have a property interest in the free choice of their clientele to

patronize their businesses. The City of Farmers Branch cannot pass ordinances that unlawfully interfere with the free choice of Plaintiffs' patrons, present and prospective. The Plaintiffs have a right to make a living, which embraces the right to fail at making that living. However, Farmers Branch does not have the power to

convert that right to fail into an obligation to fail.

56. The Plaintiffs' businesses do not present a health, safety or welfare risk to Farmers Branch. Enforcement ofthe Ordinance will unlawfully deprive the Plaintiffs of patronage and destroy the Plaintiffs' business and property.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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57. The Ordinance represents an arbitrary, unreasonable, and unlawful interference

with the Plaintiffs' patrons. If allowed to stand, the Ordinance will lead to the

destruction of the Plaintiffs' businesses and property, without due process of law.

Farmers Branch lacked the power to enact the Ordinance.

58. The Ordinance also provides no due process within its statutory scheme. Any

family member/person perceived to be a noncitizen has no means for challenging

such a designation or challenging the denial of occupancy or eviction upon lease

renewal.

59. The Ordinance has no relation to any legitimate local government purpose.

Farmers Branch lacks any compelling state interest or rational basis for the

Ordinance's enactment.

60. Consequently, the Ordinance, on its face or as applied, violates the Due Process

Clause of the Fourteenth Amendment.

61. This action is not premature. Injury to the Plaintiffs' property rights are real

and present, not a mere possibility. Plaintiffs are entitled to declaratory and injunctive relief.

VIOLATION OF 42 U.S.C. § 1981

62. Plaintiffs incorporate by reference the prior allegations.

63. Section 1981 of Title 42 affords the fundamental right to contract and to full

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.o. BOX 223667 DALLAS, TEXAS 75222-3667

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and equal benefit of all laws.

64. Pursuant to 42 U.S.C. §1981, "[a] 11 persons within the jurisdiction of the

United States shall have the same right in every State and Territory to make and

enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit

of all laws and proceedings for the security ofpersons and property as is enjoyed by

white citizens, and shall be subject to like punishment, pains, penalties, taxes,

licenses, and exactions of every kind, and to no other."

65. Section 1981 prohibits discrimination under the color oflaw based on alienage

and race. Section 1981 also used the phrase "all persons", like the Fourteenth

Amendment, to afford the benefits of its provisions to everyone in the United States,

regardless of citizenship status.

66. Plaintiffs are entitled to the protections and benefits afforded by Section 1981.

67. The Ordinance attempts to preclude the entry and renewal of leases for

residential units sought by a noncitizen or families that have a noncitizen member;

and ultimately, the removal of the Plaintiffs' clientele. The Ordinance further

provides that in 180 days it will be revisited and potentially extended to all

contractual relationships between noncitizens and businesses in Farmers Branch, like

the Plaintiffs.

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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68. The Ordinance violates the fundamental right to contract on an equal basis and

to full and equal benefit of all laws and proceedings for the security of property.

69. Therefore, plaintiffs are entitled to declaratory and injunctive relief.

LEGAL FEES AND COSTS

70. Plaintiffs also seek recovery of their reasonable and necessary attorney's fees

incurred in prosecuting this action against Farmers Branch and recovery of costs.

WHEREFORE, Plaintiffs respectfully request:

A. That this Court determine and adjudicate the constitutionality and

enforceability of the Ordinance;

B. That this Court find and declare that the Ordinance is unconstitutional;

C. That this Court enter a permanent injunction under Fed. R.Civ. P. 65

preventing Farmers Branch from implementing or enforcing the Ordinance;

D. That this Court enter a permanent injunction under Fed. R. Civ. P. 65

preventing Farmers Branch from adopting or enacting any further immigration law;

E. That this Court award Plaintiffs damages against Farmers Branch for the

pled Constitutional and statutory violations;

F. That this Court award Plaintiffs their costs incurred including reasonable

attorney's fees under 42 U.S.C. § 1988 and under 28 U.S.C. § 2202; and

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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G. That the Court grant such other and further reliefas it may deem just and proper, including the attorney's fees, costs, and disbursements of this action against Farmers Branch.

Respectfully submitted,
BURT BARR & ASSOCIATES, L.L.P.
By: '-7l[U~ ~
M. FOREST NELSON State Bar No. 14904625 JOHN HOLMAN BARR State Bar No. 01798700 203 East Colorado Blvd. Dallas, Texas 75203 (214) 943-0012 Telefax: (214) 943-0048
ATTORNEYS FOR PLAINTIFFS

LAW OFFICES OF
IURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

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• Case 3:07-cv-00061

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ELIZABETH BARRIETOS,

§

RAYMUNDO FOERTES, MONICA V. § CASE NO.

BARRIENTOS, DUNG TRAN,

§

MARIA C. PERALES, EUSEBIO

§

EDUARDO EGUSQUIZA, ASLAN §

RAFIZADEH, ADELA REYES,

§

FELIPA ZAMORA, ANA R.

§

MONTOYA, OTTO BARRERA,

§

RAMON PACHECO, RAPAEL

§

GARCIA, MAGDALENE RANGEL, §

SANDRA TREJO, JUAN SANCHEZ, §

OSCAR GARCIA, TANVEER

§

YOUSUF, SU YOU, BELEN ORTIZ, §

ALICIA ALVARADO,

§

REYNA FIGUEROA, ANA CECILIA § CASTRO, VICTORINO CALEXES, §

ELVA RODRIGUEZ, MARTHA A. §

GONZALEZ, GIOVARY GARCIA, §

MARTA CASTILLO, GUILLERMO §

GIL, DOUGLAS MALDONADO,

§

PATRICIA GONsALEZ

§

JANE DOES 1-25 AND JOHN

§

DOES 1-25,

§

Plaintiffs,

§

§

v.

§

CITY OF FARMERS BRANCH,

§ COMPLAINT §

Defendants

§

VERIFICATION OF COMPLAINT

I, Patricia Lynn GoJ.;, a resident of the State of Texas, am a plaintiff in this action. I verifY that I have read the Complaint to be filed in this case on January 11, 2007, and declare under

VERIFICAnON OF COMPLAINT - Page I F:IBB2\MFN\mfnlverification. wpd

• Case 3:07-cv-00061

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J1L~
SWORN TO AND SUBSCRIBED BEFORE ME on this day of January, 2007.
JOHN CHARLES JEFFREY
MY COMMISSION EXPIRES
May 30, 2010
DATED: January 11,2007 Respectfully submitted, BURT BARR & ASSOCIATES, L.L.P.
By: JUi"kUL JOHN HOLMAN BARR SBN: 01798700 M. FOREST NELSON SBN: 14904625 203 E. Colorado Blvd. Dallas, Texas 75203 214-943-0012 214-943-0048 Facsimile ATTORNEYS FOR PLAINTIFFS
VERIFICATION OF COMPLAINT - Page 2 F:IBB2IMFN1mfnlvetification.wpd

• Case 3:07-cv-00061

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A

• Case 3:07-cv-00061

Document 1

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eRS
BRanC:::I-I
CITY OF FARMERS BRANCH RESOLUTION NO. 2006-099
A RESOLUTION IMPLORING AND URGING PRESIDENT GEORGE W. BUSH AND THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT AND THE UNITED STATES SENATE AND THE UNITED STATES HOUSE OF REPRESENTATIVES (CONGRESS) TO STRONGLY ENFORCE THE UNITED STATES IMMIGRATION AND NATIONALITY ACT, TITLE 8 USC 1101-1536 IMMIGRATION (THE ACT) AND TO APPROVE INTO LAW THIS FALL OF 2006 ANY AMENDMENTS NECESSARY TO FURTHER ADDRESS OUR CITIZENS' CONCERNS ABOUT THE NEGATIVE IMPACT OUR POROUS BORDERS ARE HAVING ON OUR NATIONAL SECURITY AND THE QUALITY OF LIFE IN OUR CITIES AND IN OUR STATES AND NATION.
WHEREAS, our country was founded on the basic principle that we were a country of laws, not of men, and the absolute necessity to both obey and respect the law; and
WHEREAS, these principles of government and being a good citizen have been adhered to since our independence was declared on July 4, 1776, with the stirring words of our Declaration of Independence, the final ratification of the United States Constitution in 1789, and the Bill of Rights in 1791, and we have passed these principles on to each generation, and particularly to our school children; and
WHEREAS, the Immigrations and Nationality Act, Section United States Code Title 8 USC 1101-1536, the "Immigration Act," amended substantially in 1986 and 1996, has throughout our history been and continues to be one of our country's most important laws, virtually any country's most important laws, as it relates directly to the security of our borders, the security of the country, and our only means by which we can reasonably assure our citizens that those coming into our country from other countries are good citizens who will be loyal to this country and respect the Rule of Law and contribute to the overall welfare of our citizens and this country; and

Case 3:07-cv-00061
Farmers Branch Resolution No. •099 Page 2

Document 1

• Filed 01/11/2007

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WHEREAS, in the last ten (10) or more years, the Immigration Act has not been strongly enforced and literally millions of individuals have come into our country in flagrant violation of the Immigration Act, most of the illegal aliens coming in across our most southerly border; and

WHEREAS, consequently, the border states of Texas, New Mexico, Arizona and California have been impacted the most from this influx of illegal aliens, which has been estimated in the millions, the great majority of whom reside in the border states; and

WHEREAS, it has been estimated that there are currently hundreds of illegal aliens living in the City of Farmers Branch; and

WHEREAS, our country's open, porous borders are a clear threat to our national security, which threat was heightened significantly after 9111; and

WHEREAS, the citizens of this state and nation and the citizens of the City of Farmers Branch are concerned, worried, upset, frustrated, and downright mad that President Bush and the Executive Branch of the United States government has and is totally failing in the enforcement of the Immigration Act as it relates to the influx of illegal aliens; and

WHEREAS, the citizens of Farmers Branch are just as concerned that our legislative delegation has been unable to assert itself enough to result in the Executive Branch carrying out its sworn responsibilities to enforce the Immigration Act; and

WHEREAS, if the Executive Branch and our legislative delegation believe the current Immigration Act is inadequate to address the problems of millions of illegal, undocumented aliens in our country, then Congress should set aside its partisan differences, its sectional differences, its philosophical differences, its concerns about the upcoming elections, and agree on amendments to the immigration law that are needed and that will enable the Executive Branch to address the issues; and

WHEREAS, our local citizens are worried and concerned about the impact of illegal aliens on our national security, crime rates, illicit drug trade, the negative impacts on property values, public schools, Parkland, our public hospital, taxes, welfare costs, and other potential major problems, all as reflected in the attachment to this resolution, which represents a small percentage of the letters and e-mails received at City Hall relative to this issue; and

WHEREAS, even though the issues are complex, the underlying important principle is the necessity in this country to obey and respect the laws, the Rule of Law, and that is not what is happening and is not what has been happening in this country for at least the last ten (10) years; and

WHEREAS, as witnessed by the letters and e-mails, the citizens of Farmers Branch, due to the inaction of the Executive and Legislative Branch of our Federal

Case 3:07-cv-00061
Farmers Branch Resolution No. •099 Page 3

Document 1

• Filed 01/11/2007

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Government to enforce the Immigration Act, are imploring, urging, and demanding their City Council to enact its own laws to help in the enforcement of the Immigration Act; and

WHEREAS, the City of Farmers Branch's City Council is not only sympathetic to the pleas of its citizens, but is in agreement with the major concerns expressed and is, consequently, carefully reviewing the role the City can take to help support and enforce the United States immigration laws and will in the near future, unless President Bush and the Executive Branch takes positive and meaningful steps to enforce the immigration law, and unless Congress moves forward this Fall to approve meaningful legislation, legislation that will assist the Executive Branch in enforcing the law, out of absolute necessity brought about by the inaction of our federal government, take whatever steps it legally can to respond to the legitimate concerns of our citizens about the utter breakdown and failure of the United States government to enforce immigration laws.

Section 1:

That all matters in the above recited preamble are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety.

Section 2:

(A) That the City Council of the City of Farmers Branch urges and implores President Bush and the Executive Branch to commence immediately to enforce our immigration laws and address the serious problem of the breakdown of the Rule of Law in this country as it relates to the millions of illegal aliens within our boundaries.

(B) That the United States Congress and particularly our Congressional delegation from the State of Texas, the Honorable Kay Bailey Hutchison, the Honorable John Cornyn, members of the United States Senate and all of the Honorable members of Congress representing the State of Texas, exert all of their combined wisdom, strength, influence, and dedication to the. Rule of Law to see that a meaningful amended "Immigration Act" is approved during the Fall of 2006 that addresses the many concerns of the citizens of Farmers Branch and of this state and nation.

Section 3:

That a copy of this resolution with an accompanying letter signed by the Mayor and each member of the Farmers Branch City Council be sent to the Honorable George W. Bush, President of the United States, to the Honorable Congressional Delegation of the State of Texas, to Mayors and City Councils of each city in the State of Texas, and to the President and members of the Board of Trustees of every School District in the State of Texas.

Case 3:07-cv-00061
, Fanners Branch Resolution No. •099 Page 4

Document 1

• Filed 01/11/2007

Page 28 of 35

PASSED AND APPROVED THIS _ _ _ DAY OF _ _ _ _ _,' 2006.

Mayor Bob Phelps
Deputy Mayor Pro Tern Tim O'Hare
Councilman Bill Moses ATTEST: City Secretary, Cindee Peters APPROVED AS TO FORM City Attorney, John F. Boyle, Jr.

Mayor Pro Tern Ben Robinson
Councilman Charlie Bird
Councilman Jim Smith

• Case 3:07-cv-00061

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I

e • • FB - Template CCoamsmeu3n:i0ca7t-icovn-00061
.

Document 1

• Filed 01/11/2007

Page 30 ofP3ag5e 1 of5

CITY OF FARMERS BRANCH
ORDINANCE NO. 2892
AN ORDINANCE AMENDING CHAPTER 26, BUSINESSES, ARTICLE IV APARTMENT COMPLEX RENTAL, MANDATING A CITIZENSHIP CERTIFICATION REQUIREMENT PURSUANT TO 24 CFR 5 ET SEQ.; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY.

~ Dept ~ Abol ~ Bran ~ Bran ~ Cont ~ City ~ Disci ~ FBT\ ~ Privc ~ Siste ~ Site

WHEREAS, in response to the widespread concern of future terrorist attacks following the events of September 11, 2001, landlords and property managers throughout the country have been developing new security procedures to protect their buildings and reSidents; and

Search

WHEREAS, the Fair Housing Act prohibits discrimination because of race, color, religion, sex, national origin, disability, and familial status in most housing related transactions and further makes it unlawful to indicate any preference or limitation on these bases when advertising the sale or rental of a dwelling; and
WHEREAS, the U.S. Department of Housing and Urban Development regulations stipulate that rental tenants must submit evidence of citizenship or immigration status consistent with 24 CFR 5, et seq.; and

Downloa to re

WHEREAS, the Fair Housing Act does not prohibit distinctions based solely on a person's citizenship status; and

WHEREAS, 24 CFR 5, et seq. provides for a uniform and non-discriminatory certification process for citizenship and immigration status; and

WHEREAS, the HUD certification process has been in place for many years, and is currently in use; and

WHEREAS, the City was previously dismissed from the Walker litigation upon agreeing to participate in HUD's Section 8 housing program; and

WHEREAS, the HUD certification process for citizenship and immigration status applies to HUD's Section 8 program; and

WHEREAS, the City Council finds and determines that the benefits and protections provided through the HUD citizenship and immigration status certification processes would also benefit the City; and

WHEREAS, the City of Farmers Branch is authorized to adopt ordinances pursuant to its police power to protect the health, safety, and welfare of its citizens; and
WHEREAS, the City of Farmers Branch has determined that it is a necessity

http://www.ci.farmers-branch.tx.us/CommunicationlOrdinance%20N0%202892.html

1/11/2007

• FB - Template coCmasme u3n:0i7c-actvi-o0n0.061 Document 1

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to adopt citizenship and immigration certification requirements for apartment complexes to safeguard the public, consistent with the provisions of 24 CFR 5, et seq.; and

WHEREAS, the City intends to adopt these provisions on a pilot basis for apartment complex rentals; and

WHEREAS, Section 26-118 of the Code of Ordinances provides for an appeal process that provides adequate due process; and

WHEREAS, the City will evaluate the success of these provisions within 180 days of the date this Ordinance goes into effect to consider their revision and/or expansion, including but not limited to the coverage of single family rental units and non-rental residential units; and

WHEREAS, the provisions adopted herein shall be applied uniformly and in a nondiscriminatory manner, and the application of these provisions must not differ based on a person's race, religion, or national origin; and

WHEREAS, the City of Farmers Branch is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and

WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Texas Open Meetings Act; and

WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Farmers Branch.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS:

That the following ordinance shall be approved and passed into law and duly codified in the City's Code of Ordinances:

Section 1: That all matters stated hereinabove are found to be true and correct and are incorporated into the body of this Ordinance by reference as if copied in their entirety.

Section 2: Chapter 26, Businesses, Article IV, Apartment Complex Rental, is hereby amended as follows:

A.

Section 26-116(d)(3)is hereby amended by the addition

of the following:

"(c) Proof of compliance with the provisions of 26-116(f)."

B.

Section 26-116, License Standards, is hereby amended

by the addition of the following:

"(f). Citizenship or Immigration Status Verification

(1) Definitions

The following definitions, consistent with 24 CFR 5.504, are

http://www.ci.farmers-branch.tx.us/CommunicationiOrdinance%20N0%202892.html

111112007

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hereby adopted as part of this subsection:

Citizen means a citizen or national of the United States.

Evidence of citizenship or eligible status means the documents which must be submitted to evidence citizenship or eligible immigration status.

Head of household means the adult member of the family who is the head of the household for purpose of determining income eligibility and rent.

Noncitizen means a person who is neither a citizen nor national of the United States.

(2)

The owner and/or property manager shall require as a

prerequisite to entering into any lease or rental arrangement,

including any lease or rental renewals or extensions, the submission

of evidence of citizenship or eligible immigration status for each

tenant family consistent with subsection (3).

(3) Evidence of citizenship or eligible immigration status.

Each family member, regardless of age, must submit the following evidence to the owner and/or property manager.

i. For U.S. citizens or U.S. nationals, the evidence consists of a signed declaration of U.S. citizenship or U.S. nationality. The verification of the declaration shall be confirmed by requiring presentation of a United States passport or other appropriate documentation in a form deSignated by the Immigration and Customs Enforcement Department ("ICE") as acceptable evidence of citizneship status.

ii. For all other noncitizens, the evidence consists of:

a. A signed declaration of eligible immigration status;

b. A form deSignated by the Immigration and Customs Enforcement Department ("ICE") as acceptable evidence of immigration status; and

c. A signed verification consent form.

(4) General.

i. The owner and/or property manager shall request and review original documents of eligible citizenship or immigration status. The owner and/or property manager shall retain photocopies of the documents for its own records and return the original documents to the family. Copies shall be retained by the owner and/or property manager for a period of not less than two (2) years after the end of the family's lease or rental.

http://www.ci.farmers-branch.tx.us/CommunicationiOrdinance%20N0%202892.html

1111/2007

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ii.

For each family member, the family shall be required to

submit evidence of citizenship or immigration status only once

during continuous occupancy. The owner and/or property manager

is prohibited from allowing the occupancy of any unit by any family

which has not submitted the required evidence of citizenship or

eligible immigration status under this Section.

III.

These provisions shall be applied uniformly and in a

nondiscriminatory manner. The owner and/or property manager's

application of these provisions must not differ based on the person's

race, color, religion, sex, national origin, disability, or familial

status.

iv.

These provisions shall not impair any existing lease or

rental agreement, and shall apply only to a lease or rental

agreement or extension entered into after the effective date of this

ordinance.

v.

A rebuttable presumption is hereby created that the

tenant is either a citizen or a documented alien upon the tenant

presenting either signed Declaration of U.S. Citizenship or U.S.

Nationality and a United States passport or other appropriate

documentation in a form designated by ICE as acceptable evidence

of citizenship status, or by a non-citizen presenting a signed

Declaration of Eligible Immigration Status and a form designated by

ICE as acceptable evidence of immigration status."

Section 3: If any section, paragraph, subdivision, clause or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. The sole intention of this Ordinance and the exercise of the police power of the City is for the purposes of assisting the United States Government in its enforcement of the Federal Immigration Laws and not an attempt or effort to promulgate new and additional Immigration Laws or to conflict in any manner with the Federal Government's promulgation and enforcement of Immigration Laws.

Section 4: Penalty: That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

Section 5: The City shall distribute a copy of this Ordinance to the owner and/or property manager of all existing apartment complexes in the City. The ordinance shall become effective on the 12th day of January, 2007, sixty (60) days from the date of approval.

Section 6. The fact that the present ordinances and regulations of the City of Farmers Branch, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective as provided for herein, and it is accordingly so ordained.

http://www.ci.farmers-branch.tx.us/CommunicationiOrdinance%20N0%202892.html

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t ' FB - Template cCoamsem3u:0n7i-ccavt-i0o0n0.61
~
ATTEST:

Document 1

Cindee Peters, City Secretary

• Filed 01/11/2007
APPROVED:

Page 34 ofP3a5ge 5 of5

Bob Phelps, Mayor

APPROVED AS TO FORM:

John F. Boyle, Jr., City Attorney About City Privacy Sitemap

Contact Us Disclaimer

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©2006 City of Farmers Branch 13000 Wm. Dodson Pkwy· P. O. Box 819010 . Farmers Branch, TX 75234
Phone:972.247.3131 . Fax:972.247.4836

http://www.ci.farmers-branch.tx.us/CommunicationiOrdinance%20No%202892.html

1111/2007

Case 3:07-cv-00061 Document 1 Filed 01/11/2007 Page 35 of 35

"'- ,Iij ~ ~ ~ ~ Wi IE ~n • 106
V""'JS441Ifl~ r tn~aJ • )

I

J

at The JS I
provld

i y

jqac l ~o ru. rt~~~:

rov

CIVIL COVER SHEET
ined herein neither replace nor supplement the fihng and service of pleadmgs or other papers as required by law, except as by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose

of imti t ng t

civil-

docket sheet. (SEE .. ""'-'-,".--~-~ ,---~~-

INS ~

tC,', S ON THE REVERSE OF THE FORM.)

I. (a) I

DEFENDANTS

0 7 CV 0 0 6 1 oertes, Monica V. Barrientos, Dung

City of Farmers Bra~ -

(b) County of Residence of First Listed Plaintiff

Dallas

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)

Dallas

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney's (Finn Name, Address, and Telephone Number)

Attorneys (If Known)

M. Forest Nelson, Burt Barr & Associates, L.L.P., P.O. Box 223667, Dallas, Texas 75222-3667

John F. Boyle, Jr., Boyel & Lowry, L.L.P., 4201 Wingren, Suite 108, Irving 75062

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

o I u.s. Government
Plaintiff

113 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

0 I 0 I Incorporated or Principal Place

0 4 04

of Business In This State

o 2 U.S. Government
Defendant

o 4 Diversity
(Indicate Citizenship of Parties in Item IJI)

Citizen of Another State

o 2 0 2 Incorporated and Principal Place
of Business In Another State

05 05

Citizen or Subject of a Foreign Country

o 0 3

3 Foreign Nation

o 6 06

IV NATURE OF SUIT (Place an "X" in One Box Only)

CPNrRACT
o 110 Insurance o 120 Marine

", ·i.1- rOR,TS i'ii'

PERSONAL INJURY

PERSONAL INJURY

0 310 Airplane

0 362 Personal Injury -

o0130 Miller Act 140 Negotiable Instrument

0

o 150 Recovery of Overpayment 0

& Enforcement of Judgment

o 151 Medicare Act

0

o 152 Recovery of Defaulted

315 Airplane Product Liability
320 Assault, Libel & Slander
330 Federal Employers' Liability

Med. Malpractice 0 365 Personal Injury -
Product Liability 0 368 Asbestos Personal
Injury Product Liability

Student Loans

0 340 Marine

PERSONAL PROPERTY

FPRFEt;l'URElPENAt,1'1Y
0 610 Agriculture 0 620 Other Food & Drug 0 625 Drug Related Seizure
of Property 21 USC 881
0 630 Liquor Laws 0 640 R.R. & Truck 0 650 Airline Regs. 0 660 Occupational
SafetylHealth

1-.,;BANKRUPTey >•.,!-

:., OTHER!!TATUTES

o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157

0 400 State Reapportionment
o 410 Antitrust o 430 Banks and Banking o 450 Commerce

o PROPERTY RIGHTS ...... o It..! 820 Copyrights

460 Deportation 470 Racketeer Influenced and

o0830 Patent 840 Trademark

Corrupt Organizations
o 480 Consumer Credit o 490 Cable/Sat TV

(Exc!. Veterans)
o 153 Recovery of Overpayment
o of Veteran's Benefits 160 Stockholders' Suits
o 190 Other Contract
o 195 Contract Product Liability o 196 Franchise
REAlJ'PROPERT¥ .
g 210 Land Condemnation o 220 Foreclosure
o 230 Rent Lease & Ejectment

0 345 Marine Product
Liability
0 350 Motor Vehicle 0 355 Motor Vehicle
Product Liability
0 360 Other Personal Injury
..•. el'VIL RIGHTS";
o112 441 Voting 442 Employment
o 443 Housing!

0 370 Other Fraud
0 371 Truth in Lending 0 380 Other Personal
Property Damage

0 690 Other
LABOR
ID 710 Fair Labor Standards
Act

.... :,'1 SOCIAL SEt,;UKHi·¥
oIQ 861 HIA (1395fl) 862 Black Lung (923)

0 810 Selective Service
0 850 Securities/Commoditiesl Exchange
0 875 Customer Challenge

0 385 Property Damage Product Liability

0 0

720 LaborlMgmt. Relations 730 LaborlMgmt.Reporting
& Disclosure Act

0863 D1WC/DIWW (405(g))
o 864 ssm Title XVI
o 865 RSI (405(g))

12 USC 3410 0 890 Other Statutory Actions 0 891 Agricultural Acts

'iPRISO~.ER PETlTION51lJ 0

U 510 Motions to Vacate 0

Sentence

0

740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc.

FEDERAL TAX SUITS
p 870 Taxes (U.S. Plaintiff
or Defendant)

0 892 Economic Stabilization Act
0 893 Environmental Matters 0 894 Energy Allocation Act

Habeas Corpus:

Security Act

0871 IRS-Third Party

0 895 Freedom oflnfonnation

0240 Torts to Land

Accommodations

0 530 General

26 USC 7609

Act

o0245 Tort Product Liability 290 All Other Real Property

0 444 Welfare

0 535 Death Penalty

0 445 Amer. w/Disabilities - 0 540 Mandamus & Other

0 900 Appeal of Fee Determination Under Equal Access

Employment

0 550 Civil Rights

to Justice

0 446 Amer. w/Disabilities - 0 555 Prison Condition

0 950 Constitutionality of

Other

State Statutes

I! 440 Other Civil Rights

V. ORIGIN
I! 1 Original
Proceeding

(Place an "X" in One Box Only}

o 2 Removed from

0 3 Remanded from

State Court

Appellate Court

0 4 Reinstated or 0
Reopened

Transferred from
5 another district
(specify)

0 6 Multidistrict
Litigation

o AJJl'~eealfrtoomulstnct
7 Magistrate
Judgment

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause: 28 U.S.C. §§ 1331, 1343,2201 and 2002.

VII. REQUESTED IN COMPLAINT:

o CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

VIII. RELATED CASE(S) PENDING OR CLOSED (See instructions): JUDGE

DATE

DEMAND $ Undetermined

CHECK YES only if demanded in complaint:

JURY DEMAND:

0 Yes II No

Sam A. Lindsey

DOCKET NUMBER 3-06CV2371-L/3-06CV2376-L

Janua 11 2007
FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 
 • Case 3:07-cv-00061

Document 4

Filed 01/11/2007 Pua.sg. eDI1:-doRf ~6CT COURT
NORTHERN DiSTRICT OF TEXAS
I;-'ILE

aRIG IN IN THE UNITED STATES DISTRICT CO A~R THE NORTHERN DISTRICT OF DALLAS DIVISION

ELIZABETH BARRIETOS,

§

CLiRK,

COURT

Hy _ - I - - - ' r l - - J - - - - .

RAYMUNDO FOERTES, MONICA V. §

BARRIENTOS, DUNG TRAN,

§

MARIA C. PERALES, EUSEBIO

§

EDUARDO EGUSQUIZA, ASLAN §

CASE NO. _ _ _ _ _ __
3 .. 0 7 CV 0 0 () 1- G

RAFIZADEH, ADELA REYES,

§

FELIPA ZAMORA, ANA R.

§

MONTOYA, OTTO BARRERA,

§

RAMON PACHECO, RAFAEL

§

GARCIA, MAGDALENE RANGEL, §

SANDRA TREJO, JUAN SANCHEZ, §

OSCAR GARCIA, TANVEER

§

YOUSUF, SU YOU, BELEN ORTIZ, §

ALICIA ALVARADO,

§

REYNA FIGUEROA, ANA CECILIA §

CASTRO, VICTORINO CALEXES, §

ELVA RODRIGUEZ, MARTHA A. §

GONZALEZ, GIOVARY GARCIA, § MARTA CASTILLO, GUILLERMO §

GIL, DOUGLAS MALDONADO,

§

PATRICIA GONZALEZ

§

JANE DOES 1-25 AND JOHN

§

DOES 1-25,

§

Plaintiffs,

§

§

v.

§ APPLICATION FOR

CITY OF FARMERS BRANCH,

§ TEMPORARY RESTRAINING § ORDER

Defendant.

§

PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER

Plaintiffs, Elizabeth Barrietos, Raymundo Foertes, Monica V. Barrientos, Dung

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

APPLICATION FOR TEMPORARY RESTRAINING ORDER - Page 1 F:\BB2\MFN\mfu\application for tro farmers. wpd

• Case 3:07-cv-00061

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Tran, Maria C. Perales, Eusebio Eduardo Egusquiza, AsIan Rafizadeh, Adela Reyes,

Felipa Zamora, Ana R. Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia,

Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su

You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro,Victorino

Calexes, Elva Rodriguez, Martha A. Gonzalez, Giovary Garcia, Marta Castillo,

Guillermo Gil, John Does 1-25, and Jane Does 1-25 apply for a temporary restraining

order under Fed. R. Civ. Proc. 65(b) immediately restraining the City of Farmers

Branch from implementing and enforcing Ordinance No. 2892 (Ordinance), amending

Chapter 26 of the Farmers Branch Municipal Code, in order to preserve the status

quo, and would show:

The Ordinance was adopted on November 13,2006, with an effective date of

January 12,2007.

This Application is made on the grounds that the Ordinance on its face violates

numerous provisions of the United States Constitution and other federal laws.

Plaintiffs will suffer imminent harm and irreparable injury from implementation and

enforcement of the Ordinance. Plaintiffs have no adequate remedy at law, if the

Court does not restrain the City ofFarmers Branch from implementing and enforcing

the Ordinance.

This Application is based on the verified complaint and the accompanying

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

APPLICATION FOR TEMPORARY RESTRAINING ORDER - Page 2 F:IBB2\MFN\mfnlappJication for lro farmers.wpd

• Case 3:07-cv-00061

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declaration submitted herewith as labeled Exhibit A. This application is made upon notice to the City of Farmers Branch, as set forth in the accompanying certificate of serVIce.

Respectfully submitted,

BURT BARR & ASSOCIATES, L.L.P.

Lt . ~;;;..... I J

0

By: ~)'v\_\.~ \\ ,l/'--

M. FOREST NELSON

State Bar No. 14904625

JOHN HOLMAN BARR

State Bar No. 01798700

203 East Colorado Blvd.

Dallas, Texas 75203

(214) 943-0012

Telefax: (214) 943-0048

ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this application for temporary restraining order was served under FRCP 5 by facsimile to:

Matthew Boyle Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 (972) 650-7105 (fax)

John Boyle Matthew Boyle City of Farmers Branch Attorneys City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 (972) 247-4836 (fax)

LAW OFFICES OF
3URT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 DALLAS, TEXAS 75222-3667

M. Forest Nelson
APPLICATION FOR TEMPORARY RESTRAlNING ORDER - Page 3 F:IBB2lMFNlmfnlappiicalion for Ire farmers. wpd

. ,

• Case 3:07-cv-00061

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.

• Case 3:07-cv-00061

Document 4

• Filed 01/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ELIZABETH BARRIETOS,

§

RAYMUNDO FOERTES, MONICA V. § CASE NO.

BARRIENTOS, DUNG TRAN,

§

MARIA C. PERALES, EUSEBIO

§

EDUARDO EGUSQUIZA, ASLAN §

RAFIZADEH, ADELA REYES,

§

FELIPA ZAMORA, ANA R.

§

MONTOYA, OTTO BARRERA,

§

RAMON PACHECO, RAFAEL

§

GARCIA, MAGDALENE RANGEL, §

SANDRA TREJO, JUAN SANCHEZ, §

OSCAR GARCIA, TANVEER

§

YOUSUF, SU YOU, BELEN ORTIZ, §

ALICIA ALVARADO,

§

REYNA FIGUEROA, ANA CECILIA §

CASTRO, VICTORINO CALEXES, §

ELVA RODRIGUEZ, MARTHA A. § GONZALEZ, GIOVARY GARCIA, §

MARTA CASTILLO, GUILLERMO §

GIL, DOUGLAS MALDONADO,

§

PATRICIA GONZALEZ

§

JANE DOES 1-25 AND JOHN

§

DOES 1-25,

§

Plaintiffs,

§

§

v.

§

CITY OF FARMERS BRANCH, Defendants

§ COMPLAINT § §

DECLARATION OF PATRICIA LYNN GONSALEZ IN SUPPORT OF PLAINTIFFS' COMPLAINT
rt
I, Patricia Lynn Gomralez, hereby declare as follows:

DECLARATION IN SUPPORT OF PLAINTIFFS' APPLICATION FOR TRO - Page 1 F:IBB2\MFN\mfnldeclaration,wpd

• Case 3:07-cv-00061

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• Filed 01/11/2007

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1. My name is Patricia Lynn Gonsalez and I am competent to make this declaration. I am an United States citizen ofLatino descent. I operate a business in Farmers Branch, Texas. The name of the business is Las Regias, a restaurant. Las Regias has been in Farmers Branch for over two years. I have operated this business for six months. I am a single parent with two children. This restaurant is my sole source of income.

2. I purchased Las Regias for $30,000.00. I entered a three year lease for Las Regias. I have invested an additional $10,000.00 in the restaurant for restaurant equipment and supplies. I obtained a loan from the bank for $7,500.00 for the restaurant. I have also made improvements to the leasehold space. I have three family members that work at the restaurant as well as two waitresses.

3. Las Regias primarily sells Mexican-American food. About 90 percent of my business is Latino. I have Latino clientele throughout the Metroplex, but the majority of my clients came from apartments in Farmers Branch. My business has dropped approximately 40 percent since the publication of Ordinance 2892.

4. After the publication of Ordinance 2892, I began hearing from several ofmy customers that they were afraid to enter Farmers Branch. The customers indicated that they wanted to support my business but they couldn't.. They said they would still com~ to ~restaurant if I moved to another city or if Ordinance 2892 did not go into effect. I hattoo much money and effort invested at Las Regias in Farmers Branch to move. I also had a three year lease obligation.

5. Las Regias is the only source of income I have. I need the restaurant to support my two children and myself. I work very hard and pay rent, utilities, suppliers, and taxes. My creditors still expect me to pay my bills on time. I always pay my bills on time. I am a productive member of the community and wish to stay here in Farmers Branch, Texas.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this

l 0 day of January, 2007 at Dallas, Texas.
"0...._ )
,/

Pa

DECLARATION IN SUPPORT OF PLAINTIFFS' APPLICATION FOR TRO - Page 2 F:IBB2\MFN\mfnldeciaration. wpd

 
 Case 3:06-cv-02371-L Document 41 Filed 04/18/07 Page 1 of 2 PageID 230

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

VILLAS AT PARKSIDE PARTNERS d/b/a VILLAS AT PARKSIDE, et al.,
Plaintiffs, v.
THE CITY OF FARMERS BRANCH, Defendant.

§ § § § § § Civil Action No. 3:06-CV-2371-L § (consolidated with CA No. 3:06-CV-2376-L § and CA No. 3:07-CV-0061-L) § § § §

ORDER OF CONSOLIDATION

Before the court are the f ollowing actions: (1) Villas at Parkside Partners d/b/a Villas at

Parkside, et al. v. The City of Farmers Branch, Texas , Civil Action No. 3:06-CV-2371-L; (2)

Vasquez, et al. v. City of Farmers Branch , Civil Action No. 3:06-CV-2376-L; and (3) Elizabeth

Barrietos, et al. v. City of Farmers Branch, Civil Action No. 3:07-CV-0061-L. After a review of

the files and claims raised by the plaintiffs in these actions, the court, sua sponte, determines that

there are common questions of fact and law among the three actions. The court therefore determines

that it is in the interests of judicial economy for these actions to be consolidated and tried as a single

action, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure.

Pursuant to Local Rule 42.1, all pleadings, motions, or other papers shall be filed in Civil

Action No. 3:06-CV-2371-L and bear only the captionof that case together with the legend required

Order – Page 1

Case 3:06-cv-02371-L Document 41 Filed 04/18/07 Page 2 of 2 PageID 231 by Rule 42.1. Finally, the courtdirects the clerk of the court toadministratively close Civil Action No. 3:06-CV-2376-L and Civil Action No. 3:07-CV-0061-L for statistical purposes.
It is so ordered this 18th day of April, 2007. _________________________________ Sam A. Lindsay United States District Judge
Order – Page 2

 
 Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 1 of 8
CLOSED, ECF, MEMBER
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:07−cv−00061−L

Barrietos et al v. City of Farmers Branch Assigned to: Judge Sam A Lindsay Cause: 28:1343 Violation of Civil Rights Plaintiff Elizabeth Barrientos
Plaintiff Raymundo Foertes
Plaintiff Monica V Barrientos
Plaintiff Dung Tran

Date Filed: 01/11/2007 Date Terminated: 04/18/2007 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by M Forest Nelson Burt Barr &Associates 203 E Colorado Blvd Dallas, TX 75203 214/943−0012 Fax: 214/943−4800 Email: fnelson@bbarr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr Burt Barr &Associates 203 E Colorado Blvd PO Box 223667 Dallas, TX 75222−3667 214/943−0012 Fax: 214/943−0048 Email: jbarr@bbarr.com ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 2 of 8

Plaintiff Maria C Perales
Plaintiff Eusebio Eduardo Egusquiza
Plaintiff Aslan Rafizadeh
Plaintiff Adela Reyes
Plaintiff Felipa Zamora
Plaintiff Ana R Montoya
Plaintiff

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED
represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 3 of 8

Otto Barrera

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Ramon Pacheco

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Rafael Garcia

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Magdalene Rangel

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Sandra Trejo

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Juan Sanchez

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Oscar Garcia

represented by

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 4 of 8

M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Tanveer Yousuf

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Su You

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Belen Ortiz

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Alicia Alvarado

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Reyna Figueroa

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Ana Cecilia Castro

represented by

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 5 of 8

M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Victorino Calexes

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Elva Rodriguez

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Martha A Gonzalez

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Giovary Garcia

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Marta Castillo

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Guillermo Gil

represented by

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 6 of 8

M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Douglas Maldonado

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Patricia Gonzalez

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jane Does 1−25

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

Plaintiff John Does 1−25

represented by M Forest Nelson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Holman Barr (See above for address) ATTORNEY TO BE NOTICED

V. Defendant City of Farmers Branch

represented by Elizabeth Ruth Flora Fidelity National Title Group 600 E John Carpenter Frwy Suite 125 Irving, TX 75062 972/812−9400 Fax: 972/812−9408 Email: elizabeth.flora@fnf.com LEAD ATTORNEY

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 7 of 8
ATTORNEY TO BE NOTICED
Matthew C G Boyle Boyle &Lowry 4201 Wingren Suite 108 Irving, TX 75062 972/650−7100 Fax: 972/650−7105 Email: mcgboyle@boyle−lowry.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darrell G−M Noga Fee Smith Sharp &Vitullo Three Galleria Tower 13155 Noel Rd Suite 1000 Dallas, TX 75240 972/934−9100 Fax: 972/934−9200 FAX Email: dnoga@feesmith.com ATTORNEY TO BE NOTICED

Date Filed 01/11/2007
01/11/2007 01/11/2007
01/11/2007 01/11/2007
01/12/2007 01/12/2007

# Docket Text
1 COMPLAINT against City of Farmers Branch filed by Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Elizabeth Barrietos, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Raymundo Foertes, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Douglas Maldonado, Monica V Barrientos, Patricia Gonzalez, Jane Does 1−25, John Does 1−25. (Filing fee $350; Receipt number 7671) (skt) (Entered: 01/12/2007)
***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (skt) (Entered: 01/12/2007)
2 CERTIFICATE OF INTERESTED PERSONS by Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Elizabeth Barrietos, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Raymundo Foertes, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Douglas Maldonado, Monica V Barrientos, Patricia Gonzalez, Jane Does 1−25, John Does 1−25. (skt) (Entered: 01/12/2007)
3 Summons Issued as to City of Farmers Branch. (skt) (Entered: 01/12/2007)
4 Application for Temporary Restraining Order by Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Elizabeth Barrietos, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Raymundo Foertes, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Douglas Maldonado, Monica V Barrientos, Patricia Gonzalez, Jane Does 1−25, John Does 1−25 (skt) (Entered: 01/12/2007)
5 Standing Order Designating Case for ECF − see order for specifics. (Signed by Judge A. Joe Fish on 1/12/2007) (skt) (Entered: 01/12/2007)
6 ORDER REASSIGNING CASE. Case reassigned to Judge Sam A Lindsay for all further proceedings. Judge A. Joe Fish no longer assigned to case. All future pleadings shall subsequently be filed under case No. 3:07−CV−0061−L. (Signed by Judge A. Joe Fish on 1/12/07) (cxb) (Entered: 01/12/2007)

Case: 3:07-cv-00061-L As of: 06/06/2012 10:09 AM CDT 8 of 8

01/18/2007 01/25/2007 01/29/2007 02/06/2007 02/07/2007 03/08/2007 03/28/2007
03/28/2007
04/10/2007 04/11/2007 04/13/2007 04/18/2007 04/18/2007

7 SUMMONS Returned Executed as to City of Farmers Branch served on 1/17/2007, answer due 2/6/2007. (Nelson, M) (Entered: 01/18/2007)
8 Vacation Letter as to M. Forest Nelson for dates 2/16/07; 3/12/07−3/16/07; 5/25/07−5/29/07; 11/19/07−11/23/07. (Nelson, M) (Entered: 01/25/2007)
9 Vacation Letter by City of Farmers Branch. (Boyle, Matthew) Modified on 1/30/2007 (cxb). (Entered: 01/29/2007)
10 Unopposed Motion for Extension of Time to File Answer by City of Farmers Branch (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion to Extend Time for Defendant The City of Farmers Branch to File Responsive Pleading to Plaintiffs' Complaint) (Flora, Elizabeth) (Entered: 02/06/2007)
11 ORDER granting 10 Motion for Extension of Time to File Answer to 1 Complaint. City of Farmers Branch answer due 3/8/2007. (Signed by Judge Sam A Lindsay on 2/7/07) (cxb) (Entered: 02/07/2007)
12 MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)) by City of Farmers Branch with Incorporated Brief in Support. (Noga, Darrell) (Entered: 03/08/2007)
13 *** DISREGARD, see doc. 14. *** MOTION to Dismiss Response to Defendant's Motion to Dismiss by Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Elizabeth Barrietos, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Raymundo Foertes, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Douglas Maldonado, Monica V Barrientos, Patricia Gonzalez, Jane Does 1−25, John Does 1−25 with With Brief. (Nelson, M) Modified on 3/29/2007 (cxb). (Entered: 03/28/2007)
14 RESPONSE filed by Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Elizabeth Barrietos, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Raymundo Foertes, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Douglas Maldonado, Monica V Barrientos, Patricia Gonzalez, Jane Does 1−25, John Does 1−25 re 12 MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)). (Attachments: # 1 Original NEF)(Nelson, M) (cxb) (Entered: 03/29/2007)
15 Vacation Letter filed by City of Farmers Branch. (Boyle, Matthew) Modified on 4/11/2007 (cxb). (Entered: 04/10/2007)
16 Unopposed MOTION for Extension of Time to File Response/Reply as to 14 Response to Motion,, by City of Farmers Branch (Attachments: # 1 Exhibit A) (Flora, Elizabeth) (Entered: 04/11/2007)
17 ORDER granting 16 Defendant's Unopposed Motion to Extend Time to File Reply. Replies due by 4/19/2007. (Signed by Judge Sam A Lindsay on 4/13/07) (cxb) (Entered: 04/13/2007)
18 ORDER CONSOLIDATING CASES: the court directs the clerk of the court to administratively close Civil Action No. 3:06−CV−2376−L and Civil Action No. 3:07−CV−0061−L for statistical purposes. Case consolidated with 3:06−CV−2371−L. (Signed by Judge Sam A Lindsay on 4/18/07) (cxb) (Entered: 04/19/2007)
Cases associated: Create association to 3:06−CV−02371−L. (cxb) (Entered: 04/19/2007)