CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e071 ofP1a8geP1agoef I1D8 424

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ALFREDO VASQUEZ, RAMIRO

§

PEREZ, JANE DOE #1,

§

a minor, by and through her next friend §

BEATRIZ ALMANZA; JANE DOES #2 §

and 3, and JOHN DOES #1 and 2, minors, §

by and through their next friend MARY §

MONTGOMERY; JANE DOE #4 and §

JOHN DOE #3, minors, by and through §

their next friend ROSA DELIA AYON; §

TODD MONGEON

§

and ANDREW MONGEON,

§

§

Plaintiffs,

§

§

vs.

§

§

CITY OF FARMERS BRANCH,

§

§

Defendant.

§

No. 3-06CV2376-L

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

INTRODUCTION 1. This action challenges City of Farmers Branch Ordinance No. 2903 under the U.S. Constitution and federal statutes and seeks declaratory and injunctive relief to halt its implementation and enforcement. 2. Ordinance 2903 (“the Ordinance”) was enacted by the City Council on January 22, 2007 and requires landlords and property managers of apartment complexes in Farmers Branch to document the U.S. citizenship or “eligible immigration status” of certain tenants prior to allowing the tenants to occupy an apartment. The Ordinance is

1

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e072 ofP1a8geP2agoef I1D8 425
similar to a previous law, Ordinance 2892, that was enacted by the City on November 13, 2006 and repealed on January 22, 2007. Ordinance 2903 is similar to local laws passed in Hazleton, Pennsylvania, Escondido, California, Riverside, New Jersey, Valley Park, Missouri, and Cherokee County, Georgia. Like the laws in these other cities, the Ordinance seeks to regulate immigration at the local level and imposes severe burdens on tenants living in apartment complexes and the local business people who operate those complexes. Courts in other jurisdictions, faced with similar local laws, have enjoined their implementation. See Lozano v. City of Hazleton, No. 3:06cv1586, 2006 U.S. Dist. LEXIS 79301 (M.D. Pa. Oct. 31, 2006); Garrett v. City of Escondido, No. 06CV2434 JAH (NLS) (S.D. Cal. Nov. 20, 2006); Reynolds v. City of Valley Park, No. 06-CC-3802 (Mo. Cir. Ct. St. Louis County Sept. 27, 2006).
3. The Farmers Branch Ordinance imposes substantial criminal penalties on property owners, property managers and tenants, but provides no guidance on its implementation, putting local business owners and tenants at substantial and imminent risk of violating a law they cannot understand. The Ordinance also irrationally apportions its burdens on classes of tenants and landlords, exempting some landlords completely from the law’s requirements, requiring some United States citizens to produce documentation not required from non-citizens, and banning some lawful immigrants from renting in an apartment complex.
4. Plaintiffs have no plain, speedy, or adequate remedy at law other than the relief requested in this complaint. Unless enjoined by this Court, the Ordinance will impermissibly burden the constitutional and statutory rights of Plaintiffs.
2

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e073 ofP1a8geP3agoef I1D8 426
JURISDICTION 5. This Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343 over Plaintiffs’ causes of action under the laws and Constitution of the United States. This Court has original jurisdiction over Plaintiffs’ request for declaratory and injunctive relief pursuant to 28 U.S.C. § 2201 and § 2202 and Fed. R. Civ. P. 57 and 65.
VENUE 6. Venue is proper in the Northern District of Texas under 28 U.S.C. § 1391(b) because all of the events giving rise to the claims made in this complaint occurred and will occur in this judicial district and because the defendant City of Farmers Branch is located in this district.
PARTIES Plaintiffs
7. Plaintiff Alfredo Vasquez is Latino and a legal permanent resident of the United States. He lives in the City of Farmers Branch. Mr. Vasquez and his family are tenants in an apartment complex. Some of the family members with whom Mr. Vasquez lives are neither U.S. citizens nor resident aliens of the U.S.
8. Plaintiff Ramiro Perez is Latino and a legal permanent resident of the United States. He lives in the City of Farmers Branch. Mr. Perez and his family are tenants in an apartment complex. Some of the family members with whom Mr. Perez lives are neither U.S. citizens nor resident aliens of the U.S.
9. Plaintiffs Vasquez and Perez, are not capable of determining, as required by the Ordinance, which of their non-citizen family members have “eligible immigration
3

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e074 ofP1a8geP4agoef I1D8 427
status.” These Plaintiffs risk criminal conviction and civil sanctions if they fail to correctly interpret and comply with the Ordinance.
10. Plaintiff Jane Doe #1 is a U.S. citizen child living with her family in an apartment complex in Farmers Branch. Some of the family members of Jane Doe #1 are neither U.S. citizens nor resident aliens of the U.S. Plaintiff Jane Doe #1 is Latina. Pursuant to Fed. R. Civ. P. 17(c), Plaintiff Jane Doe #1 is proceeding by and through her next friend Beatriz Almanza.
11. Plaintiff Jane Doe #2 is a U.S. citizen child living with her family in an apartment complex in Farmers Branch. Some of the family members of Jane Doe #2 are neither U.S. citizens nor resident aliens of the U.S. Plaintiff Jane Doe #2 is Latina. Pursuant to Fed. R. Civ. P. 17(c), Plaintiff Jane Doe #2 is proceeding by and through her next friend Mary Montgomery.
12. Jane Doe #3 and John Does #1 and #2 are siblings and U.S. citizen children. They reside together with their family as tenants in an apartment complex in Farmers Branch. Some of the family members of Jane Doe #3 and John Does #1 and #2 are neither U.S. citizens nor resident aliens of the U.S. Jane Doe #3 and John Does #1 and #2 are Latino. Pursuant to Fed. R. Civ. P. 17(c), Jane Doe #3 and John Does #1 and #2 are proceeding by and through their next friend Mary Montgomery.
13. Jane Doe #4 and John Doe #3 are siblings and U.S. citizen children. They reside together with their family as tenants in an apartment complex in Farmers Branch. Some of the family members of Jane Doe #4 and John Doe #3 are neither U.S. citizens nor resident aliens of the U.S. Jane Doe #4 and John Doe #3 are Latino. Pursuant to Fed.
4

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e075 ofP1a8geP5agoef I1D8 428
R. Civ. P. 17(c), Jane Doe #4 and John Doe #3 are proceeding by and through their next friend Rosa Delia Ayon.
14. Plaintiffs Vasquez Perez and the Doe children believe that if the Ordinance is allowed to go into effect, it will force them to separate from their family members or, in the alternative, that the Ordinance will force them to leave their homes, schools and communities and move away from Farmers Branch.
15. Plaintiffs Vasquez, Perez, and the Doe children have a well-founded fear that the Ordinance will be enforced against them and that they will suffer substantial adverse consequences if the Ordinance is not declared invalid and enjoined. Unless the Ordinance is permanently enjoined and declared invalid, Plaintiffs Vasquez, Perez, and the Doe children are subject to irreparable harm by, inter alia, losing their homes or the ability to move to other apartments in Farmers Branch, having to separate from members of their immediate family with whom they currently reside, and facing criminal liability and significant monetary fines
16. Plaintiff Todd Mongeon is co-owner and property manager of two apartment complexes in Farmers Branch.
17. Plaintiff Andrew Mongeon is co-owner and property manager of two apartment complexes in Farmers Branch.
18. Plaintiffs Todd and Andrew Mongeon (the “Landlord Plaintiffs”) receive substantial income from their rental apartments in the two apartment complexes in Farmers Branch. The Landlord Plaintiffs do not know the immigration status of their present tenants nor do they require their tenants to prove their citizenship or immigration status prior to occupying an apartment in one of their apartment complexes.
5

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e076 ofP1a8geP6agoef I1D8 429
19. The Landlord Plaintiffs are not capable of determining, as required by the Ordinance, which of their tenants have “eligible immigration status.” They rent their apartments pursuant to written lease agreements that expressly state the terms and conditions under which they can evict a tenant or terminate a tenancy. Their lease agreements do not provide that they cannot renew current leases, many of which are month-to-month leases, on the ground that any occupant of the apartment lacks “eligible immigration status.” Plaintiff Landlords will be subject to criminal conviction and civil sanctions if they fail to correctly interpret and comply with the Ordinance.
20. The Landlord Plaintiffs are participants in the U. S. Housing and Urban Development “Housing Choice Voucher Program” as set out in 24 CFR 982, et. seq. (Section 8). The Landlord Plaintiffs currently advertise their apartment complexes as properties that accept vouchers from individuals who qualify with the Dallas Housing Authority for the Section 8 program. Following implementation of Ordinance 2903, the Landlord Plaintiffs will be unable to execute contracts with the Dallas Housing Authority or comply with federal law because Ordinance 2903 conflicts with HUD regulations for the Section 8 program.
21. The Landlord Plaintiffs have a well-founded fear that the Ordinance will be enforced against them and that they will suffer substantial adverse consequences as a result if the Ordinance is not declared invalid and enjoined. Unless the Ordinance is permanently enjoined and declared invalid, the Landlord Plaintiffs are subject to irreparable harm by, inter alia, being subject to significant monetary fines for violating the Ordinance, facing criminal liability, being unable to enter into HUD contracts with prospective tenants or the government, or collect rent on their rental units.
6

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e077 ofP1a8geP7agoef I1D8 430
Defendant 22. Defendant City of Farmers Branch is a municipal corporation created
pursuant to the Texas Constitution Art. XI, § 5 and located within the State of Texas. During the relevant time period alleged herein, the City and its agents, including its governing body, the Farmers Branch City Council, acted under color of law.
STATEMENT OF FACTS The City of Farmers Branch
23. Farmers Branch is located in Dallas County and is a short drive from the City of Dallas. According to the 2000 Census, the population of Farmers Branch is 27,508. The 2000 Census also showed that foreign born persons of all nationalities comprise 25% of the City’s total population.
24. The Latino population of Farmers Branch is much greater than the foreign born population. Over the course of the 1990’s, the Latino population in Farmers Branch almost doubled -- increasing from 20% to 37% of the City’s total population. Although the Latino population has been rising in Farmers Branch, the 2005 Census estimates for the City show an overall decline in population.
25. Similar to the national average, close to one-third of occupied housing in the City is renter-occupied. Compared to the United States as a whole, in 2000 Farmers Branch City had a higher than average number of residents in the workforce; the rates of individuals (6.3%) and families (4%) living in poverty in Farmers Branch were less than half that of the United States.
26. None of the schools located in Farmers Branch are rated by the Texas Education Agency below the level that the State considers to be academically acceptable.
7

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e078 ofP1a8geP8agoef I1D8 431
Furthermore, statistics compiled by the state of Texas show a reduction in the total number of criminal offenses in Farmers Branch over the past few years – from 1,413 in 2003 to 1,306 in 2005.
27. Latinos living in Farmers Branch reside disproportionately in apartment complexes. According to the 2000 Census, 42% of Latino-headed households in Farmers Branch live in apartment complexes. By contrast, only 14% of White Non-Hispanicheaded households in Farmers Branch live in apartment complexes. Events Leading up to Enactment of the Ordinance
28. In August, 2006, the Farmers Branch City Council began discussing the possible adoption of ordinances directed against “illegal aliens” living in the City. Such ordinances had recently been passed in Escondido, California and Hazleton, Pennsylvania.
29. Immediately following the introduction of the August proposal to sanction undocumented immigrants, their landlords and employers, the City of Farmers Branch was swept up in a racially-charged debate over the wisdom of adopting such a law. On August 26, 2006, for example, over 300 protestors rallied outside of City Hall decrying such proposals. An estimated two dozen counter-protestors also demonstrated near City Hall.
30. The sponsor of the August proposal as well as the Ordinance, Councilman Tim O’Hare, publicly described his motives for introducing the law, claiming, “I saw our property values declining . . . what I would call less desirable people move into the neighborhoods, people who don’t value education, people who don’t value taking care of their properties.” He also claimed that his immigration and language-related proposals
8

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e079 ofP1a8geP9agoef I1D8 432
would “turn this city around” and that illegal immigrants were largely responsible for the decline of local schools and local retail operations, “leaving no place for people with a good income to shop.”
31. According to the Dallas Observer newspaper, during a protest held in August, one proponent of the August proposal said: “They’re taking our jobs, our homes. There’s unemployment partly because of the Hispanics. The lady who took my job is Hispanic, and she’s bilingual.” Another proponent, quoted by the Dallas Morning News at a subsequent City Hall protest, explained: “The education system is tanking, health care has gone through the roof, everybody is bilingual.” The Dallas Observer reported that at a protest held outside of City Hall on the evening the Ordinance was passed, proponents explained: “The schools are being overrun by non-English speaking kids. . . ” and “I’m tired of paying for ‘anchor babies.’”
32. The Mayor of Farmers Branch, Bob Phelps, vehemently denied the assertions of O’Hare and other Ordinance proponents: “Our crime rate is down, our schools have moved up to “Recognized,” property values are up." Mayor Bob Phelps publicly expressed a lack of support for the Ordinance before it was enacted. On November 4, 2006, vandals defaced the home of Mayor Phelps, spray painting the grammatically-incorrect statement “Viva Mexicos [sic]” on the side of his house.
33. On November 13, 2006, the City of Farmers Branch (“Farmers Branch” or the “City”) enacted Ordinance 2892.
34. After Ordinance 2892 was passed, apartment complexes suffered from an exodus of apartment renters who relocated out of Farmers Branch.
9

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0710 oPf a1g8e 1P0agoef I1D8 433
35. Farmers Branch voters submitted hundreds of petition signatures asking the City Council to repeal or submit Ordinance 2892 to a referendum election. The City called for a referendum election on May 12, 2007 but did not alter the effective date of January 12, 2007 for Ordinance 2892.
36. On January 9, 2007, a state court issued an order temporarily restraining implementation of Ordinance 2892 in Ramos v. City of Farmers Branch, No. 06-12227 (116th District County Dallas County).
37. On January 22, 2007, the City of Farmers Branch City Council repealed Ordinance 2892 and adopted a similar one, Ordinance 2903.
38. Ordinance 2903 has an effective date of May 22, 2007. It is scheduled for a referendum election on May 12, 2007 and will become effective if not repealed in that election.
Ordinance 2903 39. Ordinance 2903 requires apartment owners and/or managers of apartment
complexes in Farmers Branch to obtain and review documentation from tenants occupying their apartments and verify that each tenant is either a United States citizen or has “eligible immigration status.”
40. The Ordinance contains several exemptions for tenants. 41. The Ordinance exempts non-citizens who are over the age of 62 and under the age of 18 from submitting documentation evidencing their immigration status. The Ordinance does not exempt U.S. citizens who are over the age of 62 and under the age of 18 from submitting documentation evidencing their immigration status.
10

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0711 oPf a1g8e 1P1agoef I1D8 434
42. The Ordinance exempts some members of tenant families that seek to continue their lease for an apartment from producing immigration-related documentation if the head of household or spouse has eligible immigration status and no other individuals other than the head of household, the spouse, their parents, or their children live in the apartment. This exemption only requires that the head of household or the spouse of the head of household present evidence of eligible immigration status.
43. The Ordinance provides no explanation or other sufficient guidance to property owners, property managers or tenants as to the meaning of “eligible immigration status.” Similarly, the Ordinance provides no explanation or other sufficient guidance as to what documents constitute “evidence of citizenship” or prove “eligible immigration status.”
44. In the event that a tenant or tenant family is not exempt and cannot produce the required evidence of citizenship or “eligible immigration status,” the Ordinance forces property owners and managers to deny housing to the entire tenant family or face criminal liability and fines of up to five hundred dollars per day.
45. The Ordinance only applies to property owners, managers and tenants of buildings that contain three or more apartments; the Ordinance does not apply to property owners, managers and tenants of single-family rental homes or buildings with less than three apartment units.
46. The Ordinance also prohibits certain classes of non-citizens lawfully present in the United States from renting an apartment in an apartment complex in Farmers Branch.
11

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0712 oPf a1g8e 1P2agoef I1D8 435
47. The Ordinance provides no timely mechanism or procedure by which a tenant family can challenge a designation that a member is “ineligible” to occupy an apartment in Farmers Branch.
48. The Ordinance deprives a tenant family of their property interest before any hearing in which the family can challenge the designation that a member is “ineligible” to occupy an apartment in Farmers Branch.
49. The Ordinance fails to cite any studies, reports, or statistics that would support the conclusion that the citizenship and immigration documentation requirements of the Ordinance are necessary for the safety and welfare of its residents.
CAUSES OF ACTION FIRST CAUSE OF ACTION SUPREMACY CLAUSE OF THE U.S. CONSTITUTION 50. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein. 51. The Ordinance violates the Supremacy Clause, Article VI Clause 2 of the U.S. Constitution, because it attempts to regulate matters that are exclusively reserved to the federal government, because it operates in a field over which Congress has exercised exclusive authority, and because it conflicts and interferes with federal laws and regulations.
SECOND CAUSE OF ACTION EQUAL PROTECTION CLAUSE OF THE THE 14TH AMENDMENT TO THE U.S. CONSTITUTION
12

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0713 oPf a1g8e 1P3agoef I1D8 436
52. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein.
53. The Ordinance irrationally and impermissibly discriminates against property owners and managers of apartment complexes while exempting from regulation property owners and managers of single-family homes and rental properties with less than three units per building.
54. The Ordinance irrationally and impermissibly discriminates against tenants of apartment complexes while exempting from regulation tenants of single-family homes and rental properties with less than three units per building.
55. The Ordinance irrationally and impermissibly discriminates among similarly-situated classes of non-citizens living with lawful status in the United States.
56. The Ordinance irrationally and impermissibly discriminates among similarly-situated citizens and non-citizens who rent or seek to rent an apartment in Farmers Branch.
THIRD CAUSE OF ACTION DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE U.S. CONSTITUTION
57. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein.
58. The Ordinance deprives all Plaintiffs of liberty and property interests without due process of law.
59. The Ordinance deprives Plaintiff tenants of their right to family integrity.
13

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0714 oPf a1g8e 1P4agoef I1D8 437
FOURTH CAUSE OF ACTION CONTRACTS CLAUSE
OF THE U.S. CONSTITUION 60. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein. 61. The Ordinance substantially impairs the contractual relationship between plaintiff property owners and managers and their tenants in violation of the Contracts Clause, Article I, Section 10, Clause 1 of the U.S. Constitution. 62. The Ordinance substantially impairs the contractual relationship between plaintiff property owners and managers and the public housing authority in violation of the Contracts Clause, Article I, Section 10, Clause 1 of the U.S. Constitution.
FIFTH CAUSE OF ACTION FIRST AMENDMENT
TO THE U.S. CONSTITUTION 63. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein. 64. The Ordinance deprives Plaintiff tenants and their families of their right to association preventing them from sharing a deep attachment and experience with family members who share their home, and also by preventing them from living in certain geographic areas of the city.
SIXTH CAUSE OF ACTION FAIR HOUSING ACT 42 U.S.C. 3601, et seq.
14

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0715 oPf a1g8e 1P5agoef I1D8 438
65. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein.
66. By enacting the Ordinance, Defendant has imposed terms and conditions on the rental of housing in the City that has a disproportionate negative impact on Latinos in violation of the federal Fair Housing Act.
SEVENTH CAUSE OF ACTION 42 U.S.C. §1981
67. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth herein.
68. The Ordinance, by targeting the disproportionately Latino occupants of apartment complexes in the City, denies to Latino Plaintiffs, because of their national origin, the right to make and enforce contracts on the same basis as white persons in violation of 42 U.S.C. 1981.
ATTORNEYS’ FEES AND COSTS Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.
PRAYER FOR RELIEF WHEREFORE, plaintiffs respectfully request the following relief:
i. A declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 declaring the Ordinance void because it violates numerous provisions of
15

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0716 oPf a1g8e 1P6agoef I1D8 439
the United States Constitution and various other federal laws as set forth herein; ii. A temporary restraining order and a preliminary and/or permanent injunction pursuant to Fed. R. Civ. P. 65 prohibiting Defendant and its officials, employees and agents from implementing or enforcing the Ordinance; iii. An order awarding plaintiffs costs and attorneys' fees, pursuant to the statutes cited herein, 42 U.S.C. § 1988, and any other applicable law; iv. Such other and further relief as this Court deems just and proper.

DATED: March 9, 2007

Respectfully submitted,
_/s/_____________________________ Nina Perales State Bar No. 24005046 Marisol L. Perez State Bar No. 24029768 David Urias N.M. Bar No. 14178 David Hinojosa State Bar No. 24010689 Diego Bernal State Bar No. 24048350 Marisa Bono State Bar No. 24052874 MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 110 Broadway St. Suite 300 San Antonio, TX 78205 Phone: (210) 224-5476 Fax: (210) 224-5382
Lisa Graybill Texas Bar No. 24054454
16

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0717 oPf a1g8e 1P7agoef I1D8 440
Legal Director AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF TEXAS 1210 Rosewood Avenue Austin, Texas 78702 Phone: (512) 478-7300 Fax: (512) 478-7303
Lee Gelernt State Bar No. NY 2502532 Omar C. Jadwat State Bar No. NY 4118170 AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 125 Broad St., 18th Fl. New York, NY 10004 Tel. (212) 549-2620 Fax: (212) 549-2654
Lucas Guttentag State Bar No. CA 90208 Jennifer C. Chang State Bar No. CA 233033 AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street San Francisco, CA 94111 Tel: (415) 343-0770 Fax: (415) 395-0950
David J. Healey State Bar No. TX 09327980 Katherine J. Caplan State Bar No. TX 24031914 Weil, Gotshal & Manges LLP 700 Louisiana Street Suite 1600 Houston, Texas 77002 Tel. (713) 546-5111 Fax: (713) 224-9511
Lori Martin Browne State Bar No. 24013106 Weil, Gotshal & Manges LLP 200 Crescent Court, Suite 300 Dallas, Texas 75201 Telephone: (214) 746-8166 Fax: (214) 746-7777
David Broiles, Local Counsel
17

CaseCa3s:0e63-c:0v6-0-c2v3-7062-3L76DocDuomceunmte4n3t 39F-i2led 0F3i/l2e2d/0073/09P/a2g0e0718 oPf a1g8e 1P8agoef I1D8 441 State Bar No. 03054500 Cagle and Broiles 100 N. Forest Park, Suite 220 Ft. Worth, Texas 76102 Tel. (817) 335-3311 Fax: (817) 335-7733 Attorneys for Plaintiffs
18

 
 Case 3:06-cv-02376 Document 16 Filed 01/11/2007 Page 1 of 1

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

ALFREDO VASQUEZ, et al., Plaintiffs,
v. CITY OF FARMERS BRANCH,
Defendant.

§ § § § § Civil Action No. 3:06-CV-2376-L § § § §

ORDER

Before the court is Plaintiffs’ Application for Temporary Restraining Order, filed January

9, 2007. In a state case styled Guillermo Ramos v. The City of Farmers Branch, et al., pending in

the 116th Judicial District Court in Dallas County, the court has issued an Order Granting Temporary

Restraining Order enjoining the City of Farmers Branch and its officials from effectuating or

enforcing the ordinance that is the subject of the lawsuit before this court. As the state court has

temporarily enjoined the City of Farmers Branch and its officials from enforcing the ordinance, any

action by this court at this stage would be superfluous insofar as ruling on the pending motion.

Plaintiffs’ application is therefore temporarily denied as moot. The court will take no further action

on the application at this time, except to issue the following briefing schedule: the City of Farmers

Branch shall file their response to Plaintiffs’ application by January 18, 2007, and Plaintiffs shall

file their reply by January 22, 2007.

It is so ordered this 11th day of January, 2007.

_________________________________ Sam A. Lindsay United States District Judge

Order - Solo Page

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ALFRED0 VASQUEZ, RAMIRO

9

PEREZ, JANE DOE #1, a minor, by

9

and through her next h e n d BEATRIZ

9

ALMANZA; JANE DOES #2 and 3,

6

and JOHN DOES #1 and 2, minors,

8

by and through their next fhend MARY 9

MONTGOMERY; TODD MONGEON 9

and ANDREW MONGEON,

9

9

Plaintiffs,

0

9

VS.

9

9

CITY OF FARMERS BRANCH,

9

0

Defendant.

9

Civil Action No. 3-06CV2376-R

STIPULATION AND ORDER

It is hereby stipulated by and between the undersigned duly authorized counsel for the parties as follows:
1. Plaintiffs filed their Application for Temporary Restraining Order on January 9, 2007, seeking to temporarily enjoin Defendant City of Farmers Branch's enforcement of Ordinance 2892 ("the Ordinance").
2. On January 11,2007, the Court issued a briefing schedule on Plaintiffs' Application for a Temporary Restraining Order. The Court ordered Defendants to file their response to the Application on January 18,2007 and ordered Plaintiffs to file their reply by January 22,2007.

3. Defendant, as represented by counsel, has expressed intent to review and reconsider Ordinance 2892 on January 22,2007. That reconsideration will include, but will not be limited to the repeal, amendment, or replacement of Ordinance 2892. Based on this impending action, the parties wish to extend the briefing schedule previously agreed to and adopted by the Court on January 11,2007.
4. This stipulation is being entered into by the parties by their duly authorized counsel and is not to be construed as an admission of fact or liability or by any of the parties.
5 . Defendant shall refrain from the enforcement or application of Ordinance 2892 or any like version beginning January 22,2007 or any date before January 22, 2007 on which the temporary restraining order in Ramos v. City of Farmers Branch, No. 0612227 (116t"District Court Dallas County) is lifted.
6. If Defendant intends to enforce Ordinance 2892 or any like version, Defendant shall provide at least 14 days advanced written notice to Plaintiffs in order to allow Plaintiffs to renew their Application for a Temporary Restraining Order. Defendant will not enforce the Ordinance until the Court in this case makes a determination on the Application prior to enforcing the Ordinance.
7. If Defendant subsequently provides notice of its intent to apply or enforce Ordinance 2892 or any like version, Defendant shall respond to Plaintiffs' Application for a Temporary Restraining Order within five business days. Plaintiffs shall reply to Defendant's response within two business days.

IT IS SO STIPULATED AND RESPECTFULLY REQUESTED THAT THE COURT ENTER THE ABOVE STIPULATION:

DATED: January 18,2007

Respectfully submitted,

S/ Matthew Boyle Matthew Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 972-650-7 100 972-650-7105 (fax)
Attorney for Defendants

s/Nina Perales Nina Perales State Bar No. 24005046 MEXICANAMERICALNEGALDEFENSAEND EDUCATIONAFUL ND 110 Broadway, Ste 300 San Antonio, Texas 78205 21 0-224-5476 2 10-224-5382 (fax)
Lisa Graybill Texas Bar No. 24054454 Legal Director AMERICACNIVILLIBERTIEUSNION FOUNDATIOONF TEXAS 1210 Rosewood Avenue Austin, Texas 78702 (512) 478-7300 (512) 478-7303 (fax)
Omar C. Jadwat Jennifer C. Chang AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 125 Broad St., 18th F1. New York, NY 10004 Tel. (212) 549-2620 Fax: (212) 549-2654
David J. Healey Texas Bar No. 09327980 Weil, Gotshal & Manges LLP 700 Louisiana Street Suite 1600 Houston, Texas 77002 Tel. (713) 546-5111 Fax: (713) 224-9511

David Broiles, Local Counsel Texas Bar No. 03054500 Cagle and Broiles 100 N. Forest Park, Suite 220 Ft. Worth, Texas 76 102 Tel. (817) 335-3311 Fax: (817) 335-7733
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

By my signature below, I certify that a true copy of the forgoing document was
sent via electronic filing through the ECF system and/or facsimile on January 18, 2007
to:
John Boyle 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, TX 75234 972-247-4836 (Fax)

S/Nina Perales Nina Perales

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ALFRED0 VASQUEZ, RAMIRO

§

PEREZ, JANE DOE #I, a minor, by

§

and through her next fnend BEATRIZ

§

ALMANZA; JANE DOES #2 and 3,

§

and JOHN DOES #1 and 2, minors,

§

by and through their next h e n d MARY §

MONTGOMERY; TODD MONGEON §

and ANDREW MONGEON,

§

§

Plaintiffs,

9

8

§

§

§

CITY OF FARMERS BRANCH,

§

9

Defendant.

§

Civil Action No. 3-06CV2376-L

PLAINTIFFS' STATUS REPORT TO THE HONORABLE UNITED STATES DISTRICT COURT: COME NOW Plaintiffs Alfredo Vasquez, et al., and file this status report pursuant to this Court's January 18, 2007 order, Dkt. Entry No. 20. Plaintiffs state the following:
1. On January 22, 2007, the City of Farmers Branch City Council repealed Ordinance 2892 and adopted Ordinance 2903.
2. Ordinance 2903, like its predecessor, imposes stringent citizenship verification requirements upon landlords in Farmers Branch and provides both criminal and monetary penalties for its violation.
3. The parties will confer on January 25,2007, to discuss the new ordinance and any pleading issues resulting from the adoption of Ordinance 2903.

State Bar No. 24005046 Marisol L. Perez State Bar No. 24029768 David Urias N.M. Bar No. No. 14178 David Hinojosa State Bar No. 24010689 Diego Bernal State Bar No. 24048350 Marisa Bono State Bar No. 24052874 MEXICAANMERICALNEGALDEFENSAEND EDUCATIONFAULND 110 Broadway St. Suite 300 San Antonio, TX 78205 Phone: (210) 224-5476 Fax: (210) 224-5382
Lisa Graybill Texas Bar No. 24054454 Legal Director AMERICACNIVILLIBERTIEUSNION FOUNDATIOONF TEXAS 1210 Rosewood Avenue Austin, Texas 78702 Phone: (512) 478-7300 Fax: (5 12) 478-7303
Omar C. Jadwat
AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT
125 Broad St., 18th F1. New York, NY 10004 Tel. (212) 549-2620 Fax: (212) 549-2654
David J. Healey State Bar No. 09327980 Weil, Gotshal & Manges LLP

700 Louisiana Street Suite 1600 Houston, Texas 77002 Tel. (713) 546-5111 Fax: (713) 224-95 11
David Broiles Local Counsel State Bar No. 03054500 Cagle and Broiles 100 N. Forest Park, Suite 220 Ft. Worth, Texas 76 102 Tel. (817) 335-331 1 Fax: (817) 335-7733
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I certify that I sent, via electronic mail, a true and correct copy of Plaintiffs' Status Report to the following on January 24,2007:
John F. Boyle, Jr. Matthew C.G. Boyle Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062-2763

 
 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

 
 FB - Template Communication

http://www.ci.farmers-branch.tx.us/Communication/Ordinance%20No...

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.
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
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
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 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

Communication Links
Dept. Home About City Branch Mail Branch Review Contact Us City History Disclaimer FBTV Privacy Sister Cities Site Map
Search
Search the City Web Site
Download Acrobat Reader
to read PDF Files

1 of 4

1/2/2007 8:39 AM

FB - Template Communication

http://www.ci.farmers-branch.tx.us/Communication/Ordinance%20No...

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 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.

2 of 4

1/2/2007 8:39 AM

FB - Template Communication

http://www.ci.farmers-branch.tx.us/Communication/Ordinance%20No...

3 of 4

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.

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

1/2/2007 8:39 AM

FB - Template Communication

http://www.ci.farmers-branch.tx.us/Communication/Ordinance%20No...

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.

ATTEST:

APPROVED:

Cindee Peters, City Secretary

Bob Phelps, Mayor

APPROVED AS TO FORM: John F. Boyle, Jr., City Attorney About City Privacy Sitemap

Contact Us Disclaimer

Search

Home

©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

4 of 4

1/2/2007 8:39 AM

 
 District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

CLOSED, ECF, KAPLAN, MEMBER
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:06-cv-02376-L

Vasquez et al v. City of Farmers Branch Assigned to: Judge Sam A Lindsay Lead case: 3:06-cv-02371-L Member case: (View Member Case) Cause: 28:1343 Violation of Civil Rights
Plaintiff
Alfredo Vasquez

Date Filed: 12/26/2006 Date Terminated: 04/18/2007 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Marisol L Perez Mexican American Legal Defense & Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 Email: mperez@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles Law Offices of David Broiles 100 N Forest Park Suite 220 Fort Worth, TX 76102 817/335-3311 Fax: 817/335-7733 FAX Email: pooh@kbblawyers.com ATTORNEY TO BE NOTICED
David J Healey Weil Gotshal & Manges 700 Louisiana Suite 1600 Houston, TX 77002-2784 713/546-5000 Fax: 713/224-9511 Email: david.healey@weil.com
David G Hinojosa Mexican American Legal Defense &

1 of 16

7/21/2008 6:43 PM

District Version 3.2.1 2 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 Email: dhinojosa@maldef.org
David H Urias Mexican American Legal Defense & Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 Email: durias@maldef.org ATTORNEY TO BE NOTICED
Diego Manuel Bernal Mexican American Legal Defense & Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 Email: dbernal@maldef.org ATTORNEY TO BE NOTICED
Jennifer C Chang ACLU Foundation Immigrant's Rights Project 39 Drumm St San Francisco, CA 94111 415/343-0774 Email: jchang@aclu.org
Katharine J Caplan Weil Gotshal & Manges 700 Louisiana Suite 1600 Houston, TX 77002-2784 713/546-5282
Lee Gelernt American Civil Liberties Union Foundation 125 Broad St 18th Floor
7/21/2008 6:43 PM

District Version 3.2.1 3 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
New York, NY 10004 212/549-2616
Lisa Graybill American Civil Liberties Union Foundation of Texas 1210 Rosewood Ave Austin, TX 78702 512/478-7300 x 116 Fax: 512/478-7303 Email: lgraybill@aclutx.org
Lori Martin Browne Weil Gotshal & Manges 200 Crescent Court Suite 300 Dallas, TX 75201 214/746-7700 Email: lori.browne@weil.com ATTORNEY TO BE NOTICED
Lucas Guttentag ACLU Foundation Immigrants' Rights Project 39 Drumm St San Francisco, CA 94111 415/343-0773
Marisa Bono Mexican American Legal Defense & Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 Email: mbono@maldef.org
Nina Perales Mexican American Legal Defense & Educational Fund Inc 110 Broadway Suite 300 San Antonio, TX 78205 210/224-5476 Fax: 210/224-5382 FAX Email: nperales@maldef.org ATTORNEY TO BE NOTICED
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Ramiro Perez
4 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Omar C Jadwat American Civil Liberties Union Foundation Immigrants' Rights Project 125 Broad St 18th Fl New York, NY 10004 212/549-2620 Fax: 212/549-2654 Email: ojadwat@aclu.org
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
Jennifer C Chang (See above for address)
Katharine J Caplan (See above for address)
Lee Gelernt (See above for address)
Lisa Graybill (See above for address)
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Jane Doe 1 a minor, by and through her next friend Beatriz Almanza
5 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
Jennifer C Chang (See above for address)
Katharine J Caplan (See above for address)
Lee Gelernt (See above for address)
Lisa Graybill (See above for address)
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Jane Does 2 and 3 minors, by and through their next friend Mary Montgomery
6 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
Jennifer C Chang (See above for address)
Katharine J Caplan (See above for address)
Lee Gelernt
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff John Does 1 and 2 minors, by and through their next friend Mary Montgomery

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
(See above for address)
Lisa Graybill (See above for address)
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
Jennifer C Chang (See above for address)

7 of 16

7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Todd Mongeon
8 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Katharine J Caplan (See above for address)
Lee Gelernt (See above for address)
Lisa Graybill (See above for address)
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Andrew Mongeon
9 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Jennifer C Chang (See above for address)
Katharine J Caplan (See above for address)
Lee Gelernt (See above for address)
Lisa Graybill (See above for address)
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Marisol L Perez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Broiles (See above for address) ATTORNEY TO BE NOTICED
David J Healey (See above for address)
David G Hinojosa (See above for address)
David H Urias (See above for address) ATTORNEY TO BE NOTICED
7/21/2008 6:43 PM

District Version 3.2.1
Plaintiff Jane Doe 4 and John Doe 3 minors, by and through their next friend Rosa Delia Ayon
10 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
Diego Manuel Bernal (See above for address) ATTORNEY TO BE NOTICED
Jennifer C Chang (See above for address)
Katharine J Caplan (See above for address)
Lee Gelernt (See above for address)
Lisa Graybill (See above for address)
Lori Martin Browne (See above for address) ATTORNEY TO BE NOTICED
Lucas Guttentag (See above for address)
Marisa Bono (See above for address)
Nina Perales (See above for address) ATTORNEY TO BE NOTICED
Omar C Jadwat (See above for address)
represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David G Hinojosa (See above for address) ATTORNEY TO BE NOTICED
Marisa Bono (See above for address) ATTORNEY TO BE NOTICED
Marisol L Perez
7/21/2008 6:43 PM

District Version 3.2.1
V. Defendant City of Farmers Branch
V. Movant Federation for American Immigration Reform, Inc
11 of 16

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...
(See above for address) ATTORNEY TO BE NOTICED
represented by 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
John Francis Boyle, Jr Boyle & Lowry 4201 Wingren Suite 108 Irving, TX 75062 972/650-7100
Kristy Jocelyn Orr Boyle & Lowry 4201 Wingren Suite 108 Irving, TX 75062 214/650-7100 Fax: 214/650-7105
represented by Scott Shanes Strasburger & Price 2801 Network Blvd Suite 600 Frisco, TX 75034 469/287-3906 Fax: 469/287-3999 Email: scott.shanes@strasburger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
G Michael Cooper, III Immigration Law Reform Institute
7/21/2008 6:43 PM

District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

1666 Connecticut Ave Suite 402 Washington, DC 20009 202/232-5590 Fax: 202/464-3590 TERMINATED: 03/02/2007
Michael M Hethmon Immigration Law Reform Institute 1666 Connecticut Ave NW Suite 402 Washington, DC 20009 202/232-5590 Fax: 202/464-3590 Email: mhethmon@irli.org
Sara Kate Jancaitis Strasburger & Price PO Box 50100 901 Main St Ste 4400 Dallas, TX 75250-100 214/651-4822 Fax: 214/659-4055 Email: sarakate.jancaitis@strasburger.com ATTORNEY TO BE NOTICED
Steven Paul Watten Strasburger & Price PO Box 50100 901 Main St Ste 4300 Dallas, TX 75250-0100 214/651-4300

Date Filed 12/26/2006
12/26/2006 12/26/2006 12/26/2006
12/27/2006

# Docket Text
1 Verified COMPLAINT for Declaratory and Injunctive Relief against City of Farmers Branch filed by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Filing fee $350; Receipt number 7198) (axm, ) (Entered: 12/26/2006)
***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 12/26/2006)
2 Summons Issued as to City of Farmers Branch. (ISS-1) (axm, ) (Entered: 12/26/2006)
3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (axm, ) (Entered: 12/26/2006)
4 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jerry Buchmeyer on 12/27/2006) (axm, ) (Entered: 12/27/2006)

12 of 16

7/21/2008 6:43 PM

District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

12/27/2006 12/28/2006 12/29/2006 12/29/2006 12/29/2006 01/05/2007 01/08/2007 01/09/2007 01/09/2007
01/09/2007
01/10/2007 01/10/2007

5 SUMMONS Returned Executed as to City of Farmers Branch served on 12/26/2006, answer due 1/16/2007. (lmr, ) (Entered: 12/27/2006)
6 Unopposed MOTION Proceed Anonymously by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2 with Brief in Support. (Attachments: # 1 Appendix Appx.- Minor Children Pls. Mot. to Proceed Anonymously# 2 Text of Proposed Order Proposed Order) (Perales, Nina) (Entered: 12/28/2006)
7 Court Request for Recusal: Judge Jerry Buchmeyer recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge David C Godbey for all further proceedings. (lrl) (Entered: 12/29/2006)
8 ORDER OF RECUSAL: Case is assigned to the docket of Judge David C. Godbey. See order for specifics. (Signed by Judge A. Joe Fish on 12/29/2006) (epp) (Entered: 12/29/2006)
9 Advisory to the Court by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Perales, Nina) Modified on 1/3/2007 (lmr, ). (Entered: 12/29/2006)
10 Unopposed MOTION Transfer for Possible Consolidation by Alfredo Vasquez with Memorandum in Support. (Attachments: # 1 Appendix Motion to Transfer Appendix# 2 Text of Proposed Order Proposed Order) (Perales, Nina) (Entered: 01/05/2007)
11 Application and Order for Admission Pro Hac Vice by Omar C Jadwat for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/03/07) (lmp) (Entered: 01/08/2007)
12 ORDER. The above-referenced matter is TRANSFERRED to the docket of the Honorable Sam A. Lindsay for possible consolidation. Judge David C Godbey no longer assigned to case. (Signed by Judge David C Godbey on 01/09/07) (lmp) (Entered: 01/09/2007)
13 MOTION for Injunction Temporary Restraining Order by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez with Memorandum in Support. (Attachments: # 1 Exhibit Memorandum in Support of TRO# 2 Appendix Appendix Part 1# 3 Appendix Appendix Part 2# 4 Appendix Appendix Part 3# 5 Appendix Appendix Part 4# 6 Appendix Appendix Part 5# 7 Appendix Appendix Part 6) (Perales, Nina) (Entered: 01/09/2007)
14 UNOPPOSED MOTION for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for Temporary Restraining Order by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Perales, Nina) Modified on 1/10/2007 (lmp). (Entered: 01/09/2007)
15 Plea In Abatement by City of Farmers Branch.(Boyle, Matthew) Modified on 1/11/2007 (lmp). (Entered: 01/10/2007)
17 Application and Order for Admission Pro Hac Vice by Jennifer C Chang for Jane Doe 1 and Jane Does 2 and 3.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/10/07) (lmp) (Entered: 01/12/2007)

13 of 16

7/21/2008 6:43 PM

District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

01/11/2007
01/11/2007
01/15/2007 01/18/2007 01/18/2007
01/23/2007 01/24/2007 01/26/2007 01/26/2007 01/29/2007 01/31/2007
01/31/2007 02/05/2007 02/15/2007

16 ORDER temporarily denying as moot 13 MOTION for Injunction Temporary Restraining Order. The court will take no further action on the application at this time, except to issue the following briefing schedule: the City of Farmers Branch shall file their response to Plaintiffs application by January 18, 2007, and Plaintiffs shall file their reply by January 22, 2007.(see order for specifics) (Signed by Judge Sam A Lindsay on 01/11/07) (lmp) Modified on 1/11/2007 (lmp). (Entered: 01/11/2007)
Minute Entry for proceedings held before Judge Sam A. Lindsay : Telephone Conference. Attorney Appearances: Plaintiff - Marisol L. Perez and Nina Perales; Defense - Matthew C.G. Boyle and John F. Boyle, Jr. (Court Reporter Charyse Crawford.) Time in Court: 10 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (dag) (Entered: 01/16/2007)
18 ANSWER to Complaint by City of Farmers Branch (Boyle, Matthew) (Entered: 01/15/2007)
19 STIPULATION by Alfredo Vasquez et al and Defendant City Of Farmers Branch. (Attachments: # 1 Text of Proposed Order) (Perales, Nina) (Entered: 01/18/2007)
20 ORDER: Before the court is a stipulation entered into between the parties in this case and filed on January 18, 2007. The court accepts the stipulation and issues it as an order of the court. The court further directs the parties to inform it in writing forthwith of any action that Defendant City of Farmers Branch takes regarding the repeal, modification, or replacement of Ordinance 2892. (Signed by Judge Sam A Lindsay on 01/18/07) (lmp) (Entered: 01/19/2007)
21 STATUS REPORT by City of Farmers Branch. (Boyle, Matthew) (Entered: 01/23/2007)
22 STATUS REPORT by Alfredo Vasquez. (Perales, Nina) (Entered: 01/24/2007)
24 Application and Order for Admission Pro Hac Vice by Lee Gelernt for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/26/07) (lmp) (Entered: 01/30/2007)
25 MOTION for Leave to Intervene as Defendant and File an Answer by Federation for American Immigration Reform, Inc. (lmp) Modified on 2/1/2007 (lmp). (Entered: 01/30/2007)
23 Vacation Letter. (Boyle, Matthew) (Entered: 01/29/2007)
26 ORDER granting 14 UNOPPOSED MOTION for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for Temporary Restraining Order. Plaintiffs brief is limited to 33 pages. (Signed by Judge Sam A Lindsay on 1/31/2007) (mfw) (Entered: 01/31/2007)
27 ORDER granting 6 Unopposed MOTION Proceed Anonymously (Signed by Judge Sam A Lindsay on 1/31/2007) (mfw) (Entered: 01/31/2007)
28 Application and Order for Admission Pro Hac Vice by Lucas Guttentag for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 02/05/07) (lmp) (Entered: 02/06/2007)
29 NOTICE of Attorney Appearance by Lori Martin Browne on behalf of all plaintiffs (Browne, Lori) (Entered: 02/15/2007)

14 of 16

7/21/2008 6:43 PM

District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

02/15/2007 02/22/2007 02/22/2007 02/28/2007 03/01/2007 03/01/2007 03/01/2007 03/02/2007
03/06/2007 03/09/2007 03/13/2007 03/21/2007 03/22/2007

30 RESPONSE in Opposition filed by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez re 25 MOTION to Intervene (Browne, Lori) (Entered: 02/15/2007)
31 Application and Order for Admission Pro Hac Vice by Katharine J Caplan for all Plaintiffs.(see order for specifics) (Signed by Judge Sam A Lindsay on 02/22/07) (lmp) (Entered: 02/22/2007)
32 Application and Order for Admission Pro Hac Vice by David J Healey for All Plaintiff's.(see order for specifics) (Signed by Judge Sam A Lindsay on 02/22/07) (lmp) (Entered: 02/22/2007)
33 Unopposed MOTION to Substitute Attorney. Added attorney Sara Kate Jancaitis, Scott Shanes and Steven Paul Watten for Federation for American Immigration Reform, Inc. (Jancaitis, Sara Kate) Modified on 2/28/2007 (lmp). (Entered: 02/28/2007)
34 MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion to Intervene by Federation for American Immigration Reform, Inc. (Jancaitis, Sara Kate) Modified on 3/6/2007 (lmp). (Entered: 03/01/2007)
36 ORDER granting 34 FAIR's Motion for Extension of Time to Reply to Plaintiffs' Memorandum of Law in Opposition to Motion to Intervene. Replies due by 3/6/2007. (Signed by Judge Sam A Lindsay on 3/1/07) (klm) (Entered: 03/02/2007)
37 Application and Order for Admission Pro Hac Vice by Michael M Hethmon for Federation for American Immigration Reform, Inc.(see order for specifics) (Signed by Judge Sam A Lindsay on 03/01/07) (lmp) (Entered: 03/05/2007)
35 ORDER granting 33 Motion to Substitute Attorney; granting 34 Motion to Extend Time to File Response/Reply. Accordingly, the deadline for FAIR to file its reply to Plaintiffs Memorandum in Opposition to Motion to Intervene is hereby extended from March 2, 2007 to no later than 5:00 p.m., March 6, 2007. (Signed by Judge Sam A Lindsay on 3/2/2007) (skt) (Entered: 03/02/2007)
38 REPLY filed by Federation for American Immigration Reform, Inc re 25 MOTION to Intervene. (Jancaitis, Sara Kate) Modified on 3/9/2007 (lmp). (Entered: 03/06/2007)
39 Unopposed MOTION to Amend/Correct 1 Complaint, by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez (Attachments: # 1 Exhibit First Amended Complaint For Declaratory And Injunctive Relief) (Perales, Nina) (Entered: 03/09/2007)
40 ORDER granting 39 Unopposed MOTION to Amend/Correct 1 Complaint. Accordingly, Plaintiffs shall file their First Amended Complaint for Declaratory and Injunctive Relief within three business days of this order. (Signed by Judge Sam A Lindsay on 03/13/07) (lmp) (Entered: 03/13/2007)
41 Unopposed MOTION for Leave to File First Amended Complaint Beyond Court-Ordered Deadline by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez (Perales, Nina) (Entered: 03/21/2007)
42 ORDER granting 41 Unopposed MOTION for Leave to File First Amended Complaint Beyond Court-Ordered Deadline. Accordingly, Plaintiffs shall file their First Amended

15 of 16

7/21/2008 6:43 PM

District Version 3.2.1

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?955502454865192-L_5...

03/22/2007 03/30/2007 04/02/2007
04/10/2007 04/13/2007 04/18/2007
04/18/2007

Complaint for Declaratory and Injunctive Relief within three business days of this order. (Signed by Judge Sam A Lindsay on 03/22/07) (lmp) (Entered: 03/22/2007)
43 FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all defendants filed by Alfredo Vasquez. (Perales, Nina) Modified on 3/23/2007 (lmp). (Entered: 03/22/2007)
44 Unopposed Motion for Extension of Time to File Answer by City of Farmers Branch (Boyle, Matthew) (Entered: 03/30/2007)
45 ORDER granting 44 Motion for Extension of Time to File Answer. Accordingly, the deadline for Defendant to answer or otherwise respond to Plaintiffs' First Amended Complaint extended to April 13, 2007. City of Farmers Branch answer due 4/13/2007.(see order for specifics) (Signed by Judge Sam A Lindsay on 04/02/07) (lmp) (Entered: 04/03/2007)
46 Vacation Letter for the followng dates April 20th & 23rd, 2007. May 4th & 7th, 2007. (Boyle, Matthew) Modified on 4/11/2007 (lmp). (Entered: 04/10/2007)
47 MOTION to Dismiss for Plaintiffs' Failure to State Claim and Lack of Jurisdiction by City of Farmers Branch. (Boyle, Matthew) Modified on 4/16/2007 (lmp). (Entered: 04/13/2007)
48 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 (per doc. 48). (cxb) (Entered: 04/19/2007)

PACER Service Center

Transaction Receipt

07/21/2008 18:42:59

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 3:06-cv-02376-L

Billable Pages: 11

Cost:

0.88

16 of 16

7/21/2008 6:43 PM