Case: Villas at Parkside Partners v. City of Farmers Branch

3:08-cv-01551 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 3, 2008

Closed Date: May 27, 2014

Clearinghouse coding complete

Case Summary

On September 3, 2008, several lessors and lessees of residential accommodations in Farmers Branch, Texas, filed a lawsuit against the city in the U.S. District Court for the Northern District of Texas, Dallas Division, under the Supremacy Clause; 42 U.S.C. § 1981; 42 U.S.C. § 1983; the Fair Housing Act (FHA), 42 U.S.C. § 3601, et. seq.; and the Texas Equal Rights Amendment. The plaintiffs, represented by private and public interest counsel, asked the court for monetary, declaratory and injuncti…

On September 3, 2008, several lessors and lessees of residential accommodations in Farmers Branch, Texas, filed a lawsuit against the city in the U.S. District Court for the Northern District of Texas, Dallas Division, under the Supremacy Clause; 42 U.S.C. § 1981; 42 U.S.C. § 1983; the Fair Housing Act (FHA), 42 U.S.C. § 3601, et. seq.; and the Texas Equal Rights Amendment. The plaintiffs, represented by private and public interest counsel, asked the court for monetary, declaratory and injunctive relief, claiming that the city's recently adopted Ordinance 2952 violated both the federal and state constitutions and the FHA. Specifically, the plaintiffs alleged that the ordinance's requirement that anyone wishing to rent a home or apartment prove U.S. citizenship or lawful residence and its requirement that landlords evict all tenants that cannot produce such proof were preempted by federal immigration law, in violation of the due process clause of the federal constitution, and in violation of equal protection measures in the federal and state constitutions and the FHA.

The Northern District had already permanently enjoined a substantially similar law, Ordinance 2903, on May 28, 2008. (See Villas at Parkside Partners v. City of Farmers Branch, and the two cases consolidated with it, Vazquez v. City of Farmers Branch and Barrietos v. City of Farmers Branch, for more information; see also Ramos v. City of Farmers Branch, a case on the ordinance brought in Texas state court.) Ordinance 2952 was passed in response to this injunction, and differed from its predecessor in two main ways: (1) it did not incorporate the HUD (Housing and Urban Development) classification system for non-citizen eligibility for housing, and (2) it reserved all determinations of immigration status to the federal government instead of deputizing landlords or local officials.

On September 12, 2008, the Court (Judge Jane J. Boyle) entered a temporary restraining order against Ordinance 2952, and on September 22 it granted the plaintiffs' motion for a preliminary injunction.

After a series of disputes over discovery and admissible evidence in 2009, on March 24, 2010, the Court (Judge Boyle) granted the plaintiffs' motion for summary judgment and denied that of the defendant. Villas at Parkside Partners v. City of Farmers Branch, 701 F. Supp. 2d 835 (N.D. Tex. 2010). It held that the ordinance was preempted by the Supremacy Clause, in that it was an attempt to regulate in the exclusively federal sphere of immigration, and that it was further preempted by the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101, et seq., which was meant to be the only means of adjudicating the status of non-citizens and the uniform enforcement of which the ordinance undermined. On March 24, the Court issued an order permanently enjoining the ordinance from being enforced.

The defendants appealed to the U.S. Court of Appeals for the Fifth Circuit, and after hearing arguments (October 4, 2011), a three-judge panel (Judge Thomas M. Reavley, Judge Jennifer W. Elrod and Judge James E. Graves Jr.) affirmed the lower court's decision on March 21, 2012. Villas at Parkside Partner v. City of Farmers Branch, 675 F.3d 802 (5th Cir. 2012). In an opinion by Judge Reavley, the panel held that the ordinance was not, as the city maintained, a residential housing regulation, but an impermissible attempt to regulate immigration that impeded the federal government's ability to uniformly enforce its immigration laws and threatened to interfere with its handling of foreign affairs. Judge Elrod, dissenting in part, would have held that the ordinance merely attached consequences to a federal determination of immigration status and did not attempt to regulate immigration per se, but that it was nonetheless preempted in part because the ordinance granted jurisdiction to state courts to review the immigration status of individuals, thus interfering with federal enforcement.

After the appellate ruling, Farmers Branch petitioned for a rehearing of the case en banc, which a majority of the Fifth Circuit appellate court judges approved on July 31, 2012. Then on July 22, 2013, in a 9-5 judgment, the 14-judge en banc panel struck down the ordinance. The 5-judge plurality opinion (Judge Stephen A. Higginson) held the criminal provisions of the ordinance to be conflict-preempted for presenting an obstacle to the purposes of federal anti-harboring law and federal authority to arrest and detain for possible unlawful presence, while the judicial review section of the ordinance was held to be explicitly preempted because federal law reserves the power to classify non-citizens to the federal government. The plurality proceeded to invalidate the entire law because they found the impermissible portions to be unseverable. The Reavely and Dennis opinions held the entirety of the ordinance conflict-preempted on broader grounds. In her partial concurrence/partial dissent, Judge Owen found only subsection (E)(4) and a sentence of (E)(5) from the judicial review section to be preempted, holding the rest of the ordinance not to be in conflict with federal law.

The 5-judge dissent (Judges Edith H. Jones and Jennifer Walker Elrod) found an even narrower portion of the ordinance's judicial review provisions to have been preempted, maintaining that the rest of the ordinance was not in conflict with federal law. The dissent further found that the plurality's severability analysis was flawed, explaining that the ordinance could stand on its own, even divested of criminal penalties, because of the presence of the civil penalties.

Farmers Branch then appealed to the Supreme Court, which denied cert on Mar. 7, 2014. The parties then settled on an attorneys' fees in meditation.

This case is now closed.

Summary Authors

Christopher Schad (6/4/2012)

Kenneth Gray (7/30/2013)

Ava Morgenstern (9/19/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5027814/parties/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/


Judge(s)
Attorney for Plaintiff

Anello, Farrin R (New York)

Arias, Jose Guadalupe (Texas)

Biles, C. Dunham (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Jeffrey Eric

Bernal, Diego Manuel (Texas)

Judge(s)

Boyle, Jane J. (Texas)

Clement, Edith Brown (Louisiana)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Elrod, Jennifer Walker (Texas)

Garza, Emilio M. (Texas)

Graves, James Earl Jr. (Mississippi)

Haynes, Catharina (Texas)

Higginson, Stephen Andrew (Louisiana)

Jolly, E. Grady (Mississippi)

Jones, Edith Hollan (Texas)

Owen, Priscilla Richman (Texas)

Prado, Edward Charles (Texas)

Reavley, Thomas Morrow (Texas)

Southwick, Leslie (Mississippi)

Stewart, Carl E. (Louisiana)

show all people

Documents in the Clearinghouse

Document

3:08-cv-01551

Docket [PACER]

April 27, 2015

April 27, 2015

Docket

Ordinance No. 2952

Villas at Parkside Partners v. Farmers Branch

No Court

Jan. 22, 2008

Jan. 22, 2008

Statute/Ordinance/Regulation
1

3:08-cv-01551

Plaintiffs' Complaint and Jury Demand

Sept. 3, 2008

Sept. 3, 2008

Complaint
22

3:08-cv-01551

3:08-cv-01615

Order (consolidating with Case No. 08-1551)

Reyes v. City of Farmers Branch

Sept. 16, 2008

Sept. 16, 2008

Order/Opinion

3:08-cv-01551

Press Release

Villas at Parkside Partners v. City of Farmers Branch

No Court

March 24, 2010

March 24, 2010

Press Release
177

3:08-cv-01551

Memorandum Opinion and Order

March 24, 2010

March 24, 2010

Order/Opinion

10-10751

Opinion (5th Cir.)

U. S. Court of Appeals for the Fifth Circuit

March 21, 2012

March 21, 2012

Order/Opinion

10-10751

Order (granting En Banc rehearing)

Villas at Parkside Partners v. Farmers Branch

U. S. Court of Appeals for the Fifth Circuit

July 31, 2012

July 31, 2012

Order/Opinion

10-10751

En Banc Opinion

Villas at Parkside Partners v. Farmers Branch

U. S. Court of Appeals for the Fifth Circuit

July 22, 2013

July 22, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5027814/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/

Last updated March 6, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
177

ORDER granting in part and denying in part 92 Motion for Summary Judgment; granting in part and denying in part 93 Motion for Summary Judgment; granting in part and denying in part 96 Motion for Summary Judgment. See Order for details. (Ordered by Judge Jane J Boyle on 3/24/2010) (Judge Jane J Boyle)

March 24, 2010

March 24, 2010

RECAP
197

ORDER granting in part and denying in part 182 Motion for Attorney Fees and DIRECTING the parties to mediation. (Ordered by Judge Jane J Boyle on 7/9/2010) (Judge Jane J Boyle) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

RECAP
198

ORDER granting in part and denying in part 184 Motion for Attorney Fees and DIRECTING the parties to mediation. (Ordered by Judge Jane J Boyle on 7/9/2010) (Judge Jane J Boyle) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

RECAP
199

MEDIATION ORDER. Mediator appointed. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The mediator is directed by the Court to complete the attached Alternative Dispute Resolution Summary Form and file it with the clerk of court within ten (10) days after the mediation session is completed. (see order) (Ordered by Judge Jane J Boyle on 7/9/2010) (tln) (Entered: 07/12/2010)

July 9, 2010

July 9, 2010

PACER
200

NOTICE OF APPEAL to the Fifth Circuit as to 179 Judgment, 197 Order on Motion for Attorney Fees, 177 Order on Motion for Summary Judgment,,,,, 198 Order on Motion for Attorney Fees by The City of Farmers Branch Texas. Filing fee $455, receipt number 0539-3362027. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Jung, Peter) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
201

TRANSCRIPT REQUEST (transcripts already on file) by The City of Farmers Branch Texas for proceedings held on 9/12/08, 2/27/09, 6/4/09 before Judge Boyle/Ramirez. (Jung, Peter) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER

USCA Case Number 10-10751 for 200 Notice of Appeal,, filed by The City of Farmers Branch Texas. (svc)

Aug. 6, 2010

Aug. 6, 2010

PACER
202

Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: yes. Prv Fee: $ $3850.00. Outcome of ADR: Parties were unable to reach a settlement. (Morgan, Cecilia) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
203

Unopposed MOTION to Withdraw as Attorney Farrin R. Anello filed by Jose Guadalupe Arias, Ginger Edwards, Alicia Garcia, Aide Garza, Valentin Reyes, Alfredo Vasquez, Maria de la Luz Vasquez (Anello, Farrin) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
204

ORDER granting 203 Motion to Withdraw as Attorney. Attorney Farrin R Anello terminated. (see order) (Ordered by Judge Jane J Boyle on 9/13/2010) (axm) (Entered: 09/14/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
205

ORDER granting in part and denying in part 183 Motion to Alter Judgment. (see order) (Ordered by Judge Jane J Boyle on 9/14/2010) (axm) (Entered: 09/15/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
206

AMENDED FINAL JUDGMENT: It is Ordered, Adjudged and Decreed enforcement of Ordinance 2952 is permanently enjoined. It is Further Ordered that all costs of court are taxed against the party incurring the same and that all relief not granted herein is expressly denied. (Ordered by Judge Jane J Boyle on 9/14/2010) (axm) (Entered: 09/15/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
207

NOTICE (Amended) of Appeal re: 206 Judgment, 177 Order on Motion for Summary Judgment,,,,, filed by The City of Farmers Branch Texas (Jung, Peter) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER

AMENDED NOTICE OF APPEAL to the Fifth Circuit as to 177 Memorandum Opinion and Order, 206 Amended Final Judgment by The City of Farmers Branch Texas. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (See document #207 for image.) (skt)

Sept. 15, 2010

Sept. 15, 2010

PACER

Record on Appeal for USCA5 10-10751 (related to 200 appeal): Record consisting of: 51 volumes of ECF electronic records and 1 volume from 3:08cv1615, 5 Volume(s) electronic transcript, Sealed or ex parte document number(s): 142,146-149 (circuit approval is required for access), certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (svc)

Sept. 17, 2010

Sept. 17, 2010

PACER

USCA Case Number 10-10928 for 207 Notice of Appeal, filed by The City of Farmers Branch Texas. (svc)

Sept. 29, 2010

Sept. 29, 2010

PACER

Record on Appeal for USCA5 10-10751/10-10928 (related to 200, appeal): Record consisting of: 1 Disk containing 51 volumes of ECF electronic records and 1 volume from 3:08cv1615, 5 Volume(s) electronic transcript, transmitted to Peter Michael Jung of Strasburger & Price by mail. (svc)

Oct. 15, 2010

Oct. 15, 2010

PACER
208

***Per attorney, filed in error*** NOTICE of Withdrawal of Counsel filed by Valentin Reyes (Perales, Nina) Modified on 11/9/2010 (mcr). (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
209

NOTICE Withdrawal of Counsel (Corrected) re: 208 Notice (Other) filed by Valentin Reyes (Perales, Nina) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER

Record on Appeal for USCA5 10-10751/10-10928 (related to 200, appeal): transmitted to Lisa Graybill on disk only by mail. (svc)

Feb. 23, 2011

Feb. 23, 2011

PACER

Record on Appeal for USCA5 10-10751/10-10928 (related to 200, appeal): transmitted to Bickel and Brewer c/o Kyle Witherspoon on disk only by mail. (svc)

Feb. 28, 2011

Feb. 28, 2011

PACER
210

Record on Appeal for USCA5 10-10751/10-10928 (related to 200, appeal): Record consisting of: 52 Volume(s) ECF electronic record, 5 Volume(s) electronic transcript, Sealed or ex parte document number(s): 1, transmitted to USCA5. Shipped: Federal Express 296232215003094,296232215003056,296232215003063,296232215003070,296232215003087, (svc) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
211

ORDER of USCA granting motion to file amicus brief filed by American Immigration Lawyers Association. (svc) (Entered: 09/18/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
212

***Disregard - Filed in Error*** NOTICE: This closed case has funds remaining in the registry of the court, and these funds will be transferred to the Treasury of the United States under 28 U.S.C. 2042 if the person entitled thereto does not make a timely claim to withdraw the funds. Registry funds may only be withdrawn by order of the court. Under Fed.R.Civ.P. 7(b)(1), a request for a court order must be made by motion. Clerk to notify parties not electronically noticed. (kmw) Modified on 5/28/2013 (chmb). (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
213

Opinion of USCA (certified copy) in accordance with USCA judgment re 200 Notice of Appeal filed by The City of Farmers Branch Texas. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
214

JUDGMENT/MANDATE of USCA as to 200 Notice of Appeal. The judgment of the District Court is affirmed. Issued as Mandate: 8/13/2013. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER

Appeal Record Returned: 1 sealed envelope of sealed documents returned. (axm)

Aug. 15, 2013

Aug. 15, 2013

PACER
215

USCA5 BILL OF COSTS: Costs taxed in amount of $ 142.20 against The City of Farmers Branch, Texas. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
216

USCA5 BILL OF COSTS: Costs taxed in amount of $ 116.50 against The City of Farmers Branch. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
217

USCA5 BILL OF COSTS: Costs taxed in amount of $ 162.00 against The City of Farmers Branch, Texas. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
218

USCA5 BILL OF COSTS: Costs taxed in amount of $ 115.00 against The City of Farmers Branch, Texas. (axm) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
219

***WITHDRAWN PER NOTICE AT DOCKET 240 *** Supplemental MOTION for Attorney Fees filed by Chateau Ritz Partners, Lakeview at Parkside Partners Ltd, Mary Miller Smith, Villas at Parkside Partners with Brief/Memorandum in Support. (Attachments: # 1 Cover Sheet Appendix, # 2 Declaration(s) Renard 1 of 3, # 3 Declaration(s) Renard 2 of 3, # 4 Declaration(s) Renard 3 of 3, # 5 Declaration(s) C. Dunham Biles, # 6 Declaration(s) F. Finn) (Biles, C) Modified on 6/13/2014 (cea). (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
220

STATUS REPORT ORDER: The Court ORDERS Defendants to update the Court as to the status of this case. Specifically, Defendants shall update the Court as to the status of its appeal and indicate whether it intends to respond to Plaintiffs' Motion at this time. (Ordered by Judge Jane J Boyle on 9/27/2013) (jrr) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
221

Status Report and MOTION to Defer Response to Supplemental Motion for Attorney Fees re 220 Status Report Order, filed by The City of Farmers Branch Texas (Masso, Jadd) Docket text modified on 10/2/2013 (twd). (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
222

ORDER granting 221 Motion to Defer Response to Supplemental Motion for Attorney Fees and ORDERS that Defendant's deadline to respond to Plaintiffs' Supplemental Motion for Attorneys' Fees (doc. 219) is hereby stayed pending the resolution of Defendant's appeal. (Ordered by Judge Jane J Boyle on 10/2/2013) (tla) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
223

NOTICE of Attorney Appearance by Marisa Bono on behalf of Jose Guadalupe Arias, Ginger Edwards, Alicia Garcia, Aide Garza, Valentin Reyes. (Filer confirms contact info in ECF is current.) (Bono, Marisa) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
224

MOTION for Briefing Schedule for Attorney's Fees and Costs Following Disposition of Supreme Court Appeal filed by Jose Guadalupe Arias, Ginger Edwards, Alicia Garcia, Aide Garza, Valentin Reyes (Attachments: # 1 Proposed Order) (Perales, Nina) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
226

Appeal Record Not Returned. Electronic copy of the record has been recycled (svc) (Entered: 10/22/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
225

ORDER granting 224 Motion for Briefing Schedule for Attorney's Fees and Costs Following Disposition of Supreme Court Appeal. Plaintiffs shall have thirty (30) days after the disposition of the appeal or after entry of final judgment following remand to file a supplementary motion for award of attorneys' fees and costs. Defendant shall have thirty (30) days after service of the supplemental motion for attorneys' fees and costs in which to file a responsive memorandum. Plaintiffs shall have fourteen (14) days after service of the responsive memorandum to file any reply. (Ordered by Judge Jane J Boyle on 10/16/2013) (cea) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
227

Received letter from USCA5 Re: Supreme Court denying certiorari (svc) (Entered: 03/11/2014)

March 7, 2014

March 7, 2014

PACER
228

Unopposed MOTION to Extend Time to File a Supplementary Motion for Award of Attorney's Fees and Costs filed by Chateau Ritz Partners, Lakeview at Parkside Partners Ltd, Mary Miller Smith, Villas at Parkside Partners (Attachments: # 1 Proposed Order) (Perales, Nina) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
229

MEDIATION ORDER. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/31/2014. (Ordered by Judge Jane J Boyle on 3/24/2014) (chmb) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
230

ELECTRONIC ORDER granting 228 Unopposed Motion to Extend Time. The Reyes Plaintiffs shall have until 4/17/2014 to to file a supplementary motion for award of attorneys fees and costs. The parties may seek additional time to submit their attorney's fees briefing based on the Court's Mediation Order entered 3/24/14. Nevertheless, the Court's Mediation Order remains in place and the Court will not issue any ruling on the amount of attorneys fees and costs to be awarded until the parties comply with the Mediation Order. (Ordered by Judge Jane J Boyle on 3/27/2014) (chmb). (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
231

***WITHDRAWN PER NOTICE AT DOCKET 240 *** Supplemental MOTION for Attorney Fees filed by Chateau Ritz Partners, Lakeview at Parkside Partners Ltd, Mary Miller Smith, Villas at Parkside Partners with Brief/Memorandum in Support. (Attachments: # 1 Cover Sheet Appendix, # 2 Declaration(s) Declaration of James S. Renard, # 3 Declaration(s) Declaration of C. Dunham Biles, # 4 Declaration(s) Declaration of Frank Finn) (Biles, C) Modified on 6/13/2014 (cea). (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
232

MOTION for Extension of Time to File Response/Reply to 219 Supplemental MOTION for Attorney Fees, 231 Supplemental MOTION for Attorney Fees filed by The City of Farmers Branch Texas (Attachments: # 1 Proposed Order) (Masso, Jadd) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
233

ELECTRONIC ORDER granting 232 Unopposed Motion to Extend Time to File Response/Reply. The City of Farmers Branch shall have until May 16, 2014 to respond to the Villa Plaintiffs' Supplemental Application for Attorneys' Fees and Costs. (Ordered by Judge Jane J Boyle on 4/17/2014) (chmb). (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
234

***WITHDRAWN PER NOTICE AT DOCKET 241 *** Supplemental MOTION for Attorney Fees and Costs filed by Jose Guadalupe Arias, Ginger Edwards, Alicia Garcia, Aide Garza, Valentin Reyes with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Appendix, # 2 Exhibit(s) Exhibit A - Declaration of Nina Perales, # 3 Exhibit(s) Exhibit B - Declaration of Omar Jadwat, # 4 Exhibit(s) Exhibit C - Declaration of Edward Cloutman, # 5 Proposed Order) (Perales, Nina) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
235

RESPONSE filed by The City of Farmers Branch Texas re: 219 Supplemental MOTION for Attorney Fees, 231 Supplemental MOTION for Attorney Fees (Attachments: # 1 Exhibit(s)) (Masso, Jadd) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
236

RESPONSE filed by The City of Farmers Branch Texas re: 234 Supplemental MOTION for Attorney Fees and Costs (Attachments: # 1 Exhibit(s)) (Masso, Jadd) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
237

Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: Dunham Biles, James S. Renard, Nina Perales, William C. Dowdy III and Omar C. Jadwat. Prv Fee: $ 5,525.00. Outcome of ADR: Settled as a result of ADR. (Kaplan, Jeff) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
238

Agreed MOTION to Stay Deadline for Plaintiffs' to file Reply Briefs in Support of Their Applications for Attorneys' Fees and Costs filed by Jose Guadalupe Arias, Chateau Ritz Partners, Ginger Edwards, Alicia Garcia, Aide Garza, Lakeview at Parkside Partners Ltd, Valentin Reyes, Mary Miller Smith, The City of Farmers Branch Texas, Alfredo Vasquez, Maria de la Luz Vasquez, Villas at Parkside Partners (Attachments: # 1 Proposed Order) (Biles, C) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
239

ELECTRONIC ORDER granting 238 Agreed Motion to Stay. The Court ORDERS that Villas Plaintiffs and Reyes Plaintiffs deadlines to file their respective reply briefs in support of their applications for attorneys fees and costs is hereby stayed. If the issue of attorneys fees is not resolved on or before June 23, 2014: (1) the parties shall so notify the Court; and (2) the Villas Plaintiffs and Reyes Plaintiffs shall file their reply briefs on or before July 11, 2014.(Ordered by Judge Jane J Boyle on 5/29/2014) (chmb). (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
240

NOTICE of Withdrawal of Villas Plaintiffs' Pending Applications for Attorneys Fees filed by Chateau Ritz Partners, Lakeview at Parkside Partners Ltd, Mary Miller Smith, Villas at Parkside Partners (Biles, C) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

PACER
241

NOTICE of Withdrawal of their Pending Motions for Attorneys' Fees and Costs filed by Jose Guadalupe Arias, Ginger Edwards, Alicia Garcia, Aide Garza, Valentin Reyes (Perales, Nina) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
242

Unopposed MOTION to Withdraw as Counsel for Alicia Garcia, Ginger Edwards, Jose Arias and Aide Garza filed by Valentin Reyes (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order) (Perales, Nina) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
243

ORDER granting 242 Unopposed Motion for Attorney Withdrawal: It is ORDERED that all counsel currently representing the Reyes Plaintiffs be terminated as attorneys of record for Plaintiffs Ginger Edwards, Jose Guadalupe Arias, Aide Garza, and Alicia Garcia in this case. It is further ORDERED that Plaintiffs Ginger Edwards, Jose Guadalupe Arias, Aide Garza, and Alicia Garcia retain new counsel and cause such counsel to enter an appearance by no later than 5/17/2015, or provide the Court with written notice of their intention to proceed pro se. Failure to do either will result in dismissal of their actions under Federal Rule of Civil Procedure 41(b). (Ordered by Judge Jane J Boyle on 4/16/2015) (twd) (Main Document 243 replaced on 4/16/2015) (twd). (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:243. Thu Apr 16 16:46:59 CDT 2015 (crt)

April 16, 2015

April 16, 2015

PACER
244

Certified mail receipt returned for 243 Order served on Alicia Garcia (4/20/2015), Aide Garza (4/20/2015), Jose Guadalupe Arias (4/22/2015) and Ginger Edwards (4/22/2015). (twd) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 3, 2008

Closing Date: May 27, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Owners of and residents at several apartment complexes in Farmers Branch, Texas

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

MALDEF

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Farmers Branch, TX (Dallas), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Freedom of speech/association

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Housing

Discrimination-area:

Disparate Treatment

Housing Sales/Rental

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation