Case: Valle Del Sol Inc. v. Goddard

2:07-cv-02518 | U.S. District Court for the District of Arizona

Filed Date: 2007

Case Ongoing

Clearinghouse coding in progress

Case Summary

This case is a reincarnation of a previously filed lawsuit styled Chicanos por la Causa, Inc. and Somos America v. Napolitano, which was consolidated with the lead case Arizona Contractors Assoc., Inc. v. Napolitano. [IM-AZ-0004]. In the original consolidated action, plaintiffs sued the Governor and Attorney General of Arizona, challenging the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act required Arizona employers to verify the employment eligibilit…

This case is a reincarnation of a previously filed lawsuit styled Chicanos por la Causa, Inc. and Somos America v. Napolitano, which was consolidated with the lead case Arizona Contractors Assoc., Inc. v. Napolitano. [IM-AZ-0004]. In the original consolidated action, plaintiffs sued the Governor and Attorney General of Arizona, challenging the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act required Arizona employers to verify the employment eligibility of each employee through a federal verification program and established sanctions against Arizona employers that employed aliens who are not authorized to work. Federal District Court Judge Wake dismissed the original consolidated suit on December 7, 2007 for lack of subject matter jurisdiction, finding that there was no justiciable case or controversy against the Governor or Attorney General, as they did not have the power to enforce the challenged Act. The Court noted that only county attorneys had that power.

See IM-AZ-0010 for further information on both cases after consolidation.

In this suit, which was filed on December 12, 2007, plaintiffs named as defendants the Maricopa County Attorney, the Arizona Attorney General, and the Arizona Department of Revenue as defendants. In all other respects, the claims were the same as those in the previously filed suit. Arizona Contractors Assoc., Inc. also refiled their lawsuit, which was styled Arizona Contractors Association, Inc., et al v. Candelaria, 2:07-cv-02496-NVW. [IM-AZ-0010].

The District Court (Judge Neil V. Wake) consolidated the cases on December 14, 2007 and again designated the Arizona Contractors Association, Inc. suit as the lead case.

On May 26, 2011, the U.S. Supreme Court affirmed the lower courts, holding that the Act fell within ICRA's savings clause and thus was not expressly preempted by federal law. See related cases for more information.

Summary Authors

Elizabeth Daligga (6/25/2012)

Related Cases

Chamber of Commerce of the United States v. Whiting, District of Arizona (2007)

Arizona Contractors Assoc., Inc. v. Napolitano, District of Arizona (2007)

Arizona Contractors Ass'n v. Candelaria, District of Arizona (2007)

People


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Campbell, Kristina Michelle (California)

Dixon, Cynthia Valenzuela (California)

Guizar, Monica T. (California)

Guttentag, Lucas (California)

Jadwat, Omar C. (New York)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Wake, Neil Vincent (Arizona)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Campbell, Kristina Michelle (California)

Dixon, Cynthia Valenzuela (California)

Guizar, Monica T. (California)

Guttentag, Lucas (California)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Newell, Jennifer Chang (California)

Pochoda, Daniel Joseph (Arizona)

Smullin, Rebecca (California)

Tumlin, Karen C. (California)

Valenzuela, Cynthia Ann (California)

Weissglass, Jonathan (California)

Expert/Monitor/Master

Chang, Jennifer (California)

Documents in the Clearinghouse

Document

2:07-cv-02518

Docket (PACER)

Feb. 7, 2008

Feb. 7, 2008

Docket

2:07-cv-02518

Complaint

Dec. 12, 2007

Dec. 12, 2007

Complaint

2:07-cv-02518

07-cv-02496

Findings of Fact, Conclusions of Law, and Order

Feb. 7, 2008

Feb. 7, 2008

Order/Opinion

09-00115

Supreme Court Opinion

Chamber of Commerce of the United States v. Whiting

Supreme Court of the United States

May 26, 2011

May 26, 2011

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000001607221 (TRO Requested), filed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons.Goddard, # 3 Summons Summons.Garriott, # 4 Summons Summons.Thomas, # 5 Exhibit Exhibit.A, # 6 Exhibit Exhibit.B, # 7 Exhibit Exhibit.C, # 8 Exhibit Exhibit.D)(Campbell, Kristina) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

2

MOTION to Reassign Case and Consolidate by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. (Attachments: # 1 Order Reassigning Case)(Campbell, Kristina) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

3

MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. (Attachments: # 1 Memorandum of Points and Authorities in Support of Temporary Restraining Order and Preliminary Injunction, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Declaration of Tyler Moran, # 15 Declaration of Luz Sarmina, # 16 Declaration of Jonathan Weissglass, # 17 Weissglass Exhibit A, # 18 Weissglass Exhibit B, # 19 Weissglass Exhibit C)(Campbell, Kristina) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

This case has been assigned to the Honorable Stephen M. McNamee. All future pleadings or documents should bear the correct case number: CV 07−2518−PHX−SMM. (Entered by REK) (Entered: 12/13/2007)

Dec. 12, 2007

Dec. 12, 2007

4

Notice re Magistrate Consent Form (REK) (Entered: 12/13/2007)

Dec. 12, 2007

Dec. 12, 2007

5

Notice re Amended Summons by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America (Campbell, Kristina) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

6

Notice re Amended Summons by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America (Campbell, Kristina) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

7

Notice re Amended Summons by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America (Campbell, Kristina) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

8

Summons Issued as to Terry Goddard, Andrew Thomas, Gale Garriott. (Attachments: # 1 Thomas, # 2 Garriott)(REK). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

9

ORDER that this case and the pending motions be referred to the Clerk of the Court for reassignment by random lot. That a copy of this Order be transmitted to the Honorable Neil. V. Wake. Please open attached pdf for full details. Signed by Judge Stephen M McNamee on 12/14/07. (Attachments: # 1 Reassignment Letter) (ESL) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

10

CONSOLIDATION ORDER − MEMBER CASE with Lead Case number CV 07−2496 PHX−NVW. Case reassigned to Judge Neil V Wake for all further proceedings. Judge Frederick J Martone terminated. Plaintiff's 2 Motion to Reassign and Consolidate is granted. Motion Hearing re 3 Motion for Temporary Restraining Order filed in CV 07−2496 PHX−NVW is set for 12/18/07 at 1:30. Signed by Judge Neil V Wake on 12/14/07. (Attachments: # 1 Letter)(LSP) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

11

SUMMONS Returned Executed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. Gale Garriott served on 12/14/2007. (Campbell, Kristina) Modified on 12/18/2007 DOCUMENT FILED IN ERROR. ATTORNEY NOTICED TO REFILE DOCUMENT IN CORRECT CASE (ESL). (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

12

SUMMONS Returned Executed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. Terry Goddard served on 12/14/2007. (Campbell, Kristina) Modified on 12/18/2007 DOCUMENT FILED IN ERROR, ATTORNEY NOTICED TO REFILE DOCUMENT IN CORRECT CASE (ESL). (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

13

SUMMONS Returned Executed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. Andrew Thomas served on 12/14/2007. (Campbell, Kristina) Modified on 12/18/2007 DOCUMENT FILED IN ERROR, ATTORNEY NOTICED TO REFILE DOCUMENT IN CORRECT CASE (ESL). (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

14

NOTICE TO FILER OF DEFICIENCY re 11 Summons Returned Executed − Complaint/Habeas Petition Only filed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America, 13 Summons Returned Executed − Complaint/Habeas Petition Only filed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America, 12 Summons Returned Executed − Complaint/Habeas Petition Only filed by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. Description of deficiency: Document entered in wrong case. FOLLOW UP REQUIRED. (ESL, ) (Entered: 12/18/2007)

Dec. 18, 2007

Dec. 18, 2007

15

MOTION for Admission Pro Hac Vice as to attorney Linton Joaquin for Plaintiffs by Valle Del Sol Inc. (Attachments: # 1 Text of Proposed Order Order for Admission Pro Hac Vice)(Joaquin, Linton) Modified on 1/7/2008 (LAD). DOCUMENT FILED IN ERROR. ATTORNEY NOTICED TO REFILE DOCUMENT IN LEAD CASE, CV−07−2496−PHX−NVW. (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

16

MOTION for Admission Pro Hac Vice as to attorney Karen C. Tumlin for Plaintiffs by Valle Del Sol Inc. (Attachments: # 1 Text of Proposed Order Order for Admission Pro Hac Vice)(Joaquin, Linton) Modified on 1/7/2008 (LAD). DOCUMENT FILED IN ERROR. ATTORNEY NOTICED TO REFILE DOCUMENT IN LEAD CASE, CV−07−2496−PHX−NVW. (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

17

MOTION for Admission Pro Hac Vice as to attorney Monica T. Guizar for Plaintiffs by Valle Del Sol Inc. (Attachments: # 1 Text of Proposed Order Order for Admission Pro Hac Vice)(Joaquin, Linton) Modified on 1/7/2008 (LAD). DOCUMENT FILED IN ERROR. ATTORNEY NOTICE TO REFILE DOCUMENT IN LEAD CASE, CV−07−2496−PHX−NWV. (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

18

NOTICE TO FILER OF DEFICIENCY re 17 MOTION for Admission Pro Hac Vice as to attorney Monica T. Guizar 16 MOTION for Admission Pro Hac Vice as to attorney Karen C. Tumlin, 15 MOTION for Admission Pro Hac Vice as to attorney Linton Joaquin filed by Valle Del Sol Inc. Description of deficiency: Documents entered in wrong case. FOLLOW UP REQUIRED. PLEASE OPEN ATTACHED PDF FOR FULL DETAILS. (ESL, ) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

19

JUDGMENT IN A CIVIL CASE − IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed February 7, 2008 (#175 in CV 07−2496−PHX−NVW), Defendant Terry Goddard is dismissed without prejudice for lack of subject matter jurisdiction. Judgment is entered in favor of all remaining defendants and against plaintiffs. Plaintiffs to take nothing, and complaint and action are dismissed. (SAT) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

20

MEMORANDUM − re motion for injunction pending appeal and letters received from members of the public (see pdf attached for more details). Signed by Judge Neil V Wake on 2/7/08. (SAT) Modified on 2/7/2008 (SAT). DOCUMENT FILED IN ERROR, DOCUMENT RE−FILED INCORRECT CASE BY THE CLERK. (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

21

NOTICE OF CORRECTION BY THE CLERK re 20 Order. Description of deficiency: Document entered in wrong case. Follow up by Clerks Office: The deficiency indicated above has been addressed by the Clerk. Court use only: SAT. (SAT) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Valle del Sol, Inc., is an Arizona non-profit corporation that advocates social issues in the Latino community. Phoenix, Maricopa County, Arizon

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

National Immigration Law Center

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maricopa County Attorney (Maricopa), County

Arizona Attorney General, State

Arizona Department of Revenue, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Employer sanctions

Employment

Undocumented immigrants - state and local regulation