Case: De Luna v. Hidalgo County

7:10-cv-00268 | U.S. District Court for the Southern District of Texas

Filed Date: July 26, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 26, 2010, two young adults in Hidalgo County filed a lawsuit under 42 U.S.C. §1983 in the U.S. District Court for the Southern District of Texas. The plaintiffs, represented by the American Civil Liberties Union Foundation of Texas, asked the court for declaratory, injunctive and damage relief. The plaintiffs claimed that the defendants, the county and county magistrates and justices of the peace, had violated their constitutional rights by failing to conduct an indigency examination pr…

On July 26, 2010, two young adults in Hidalgo County filed a lawsuit under 42 U.S.C. §1983 in the U.S. District Court for the Southern District of Texas. The plaintiffs, represented by the American Civil Liberties Union Foundation of Texas, asked the court for declaratory, injunctive and damage relief. The plaintiffs claimed that the defendants, the county and county magistrates and justices of the peace, had violated their constitutional rights by failing to conduct an indigency examination prior to their jailing for the failure to pay the fines associated with the failure to attend school citations that had been issued by their school district's police department. Specifically, the plaintiffs claimed that, by failing to conduct an indigency examination to determine whether the plaintiffs were indigent and whether they had made a good faith effort to pay their fines, the defendants had violated their right to due process and equal protection by jailing them for being unable to pay a fine.

On June 24, 2011 Judge Randy Crane granted the defendants' motion to dismiss the plaintiffs' claims for injunctive relief against the judicial defendants. The court found that §1983 does not allow for injunctive relief against judicial officers for acts or omissions taken within their official capacities unless "a declaratory decree was violated or declaratory relief was unavailable." The court further dismissed the claims against the Sheriff in his official capacity because case law in the 5th circuit allows for "unnecessary parties" to be dismissed. The district court found that the official capacity claims against the Sheriff in reality were claims against the county. As such, the district court found that the Sheriff's presence in the lawsuit was unnecessary and dismissed the claims against him in his official capacity.

Judge Randy Crane denied, however, the defendants' motion to dismiss the claim for declaratory relief against the judicial defendants and the claims for injunctive, declaratory and damage relief against the county.

On October 18, 2011, the remaining defendants filled a motion for summary judgment. Plaintiffs then filed a cross motion for summary judgment on November 10, 2011.

In an order issued on February 15 2012, Judge Randy Crane 1) denied class certification, 2) dismissed Plaintiffs' individual claims for declaratory and injunctive relief against the Magistrates and County for lack of standing, 3) granted summary judgment to the named plaintiffs' for their claim for damages against the county because it violated their federal due process and equal protection rights by failing to afford them an affirmative indigency determination before incarcerating them for their failure to pay fines and costs, 4) ruled that plaintiff De Luna was entitled to nominal damages of $1, and 5) ruled that plaintiff Diaz’s entitlement to compensatory damages could not be resolved on summary judgment.

To demonstrate standing to obtain an order declaring as unconstitutional and enjoining Defendants’ challenged practices, the plaintiffs had to show that they faced a “real and immediate” threat that, while indigent, they will again be charged with a Class C, fine-only offense and then arrested and incarcerated solely because they are unable to pay the fine, without being afforded an indigency screening. The court believed that there were simply too many contingencies for the threat to be "real and immediate."

In granting summary judgment on the plaintiff's claim for damages, the court focused on potential defendants who might not think to "speak up" during arraignment, saying that providing the opportunity to bring up indigency is merely a gesture of, but does not provide, due process. Plaintiff De Luna did not show "actual injury" so was only awarded $1 for the unconstitutional violation of due process rights. With the plaintiff Diaz, the court said that the question of whether she knew that she could avoid jail time by bringing up her inability to pay at arraignment still needed to be determined. If she voluntarily chose to serve jail time, there would be no actual injury and she would only recover nominal damages.

A hearing on the remainder of the motions did not take place as the parties filed a joint motion to dismiss (R41) on April 29, 2012, saying that the matter had been amicably resolved. The agreement was filed under seal. The court then approved the motion on April 30.

Summary Authors

Justin Benson (10/26/2011)

Dan Hofman (3/20/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4398093/parties/de-luna-v-hidalgo-county/


Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Bowie, Courtney (New York)

Caddell, Michael A. (Texas)

Chapman, Cynthia B. (Texas)

Graybill, Lisa Shawn (Texas)

Levy, Dana B. (Texas)

Morton, Clay A. (Texas)

Whitburn, Mark Caddell (Texas)

Attorneys(s) for Defendant

Hernandez, Jose Wilfredo (Texas)

Judge(s)

Crane, Randy (Texas)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Bowie, Courtney (New York)

Caddell, Michael A. (Texas)

Chapman, Cynthia B. (Texas)

Graybill, Lisa Shawn (Texas)

Levy, Dana B. (Texas)

Morton, Clay A. (Texas)

Whitburn, Mark Caddell (Texas)

Attorneys(s) for Defendant

Hernandez, Jose Wilfredo (Texas)

Millin, John Andrew (Texas)

Weitz, Mark A. (Texas)

Wingate, Brandy M. (Texas)

Documents in the Clearinghouse

Document

7:10-cv-00268

Civil Docket

April 30, 2012

April 30, 2012

Docket
1

7:10-cv-00268

Class Action Complaint

July 26, 2010

July 26, 2010

Complaint
50

7:10-cv-00268

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Denying Defendants' Motion to Strike

June 24, 2011

June 24, 2011

Order/Opinion
74

7:10-cv-00268

Defendants' Opposed Motion for Summary Judgment and Memorandum of Law in Support of Same

Oct. 18, 2011

Oct. 18, 2011

Pleading / Motion / Brief
90

7:10-cv-00268

Plaintiffs' Opposed Motion and Memorandum in Support of Their Motion for Summary Judgment and Brief in Opposition to Defendants' Motion for Summary Judgment

De Luna v. Hildalgo County

Nov. 10, 2011

Nov. 10, 2011

Pleading / Motion / Brief
113

7:10-cv-00268

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment, Granting Defendants' Motion for Denial of Class Certification, Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment

De Luna v. Hidalgo County, Texas

853 F.Supp.2d 623

Feb. 15, 2012

Feb. 15, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4398093/de-luna-v-hidalgo-county/

Last updated Aug. 5, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino (Filing fee $ 350 receipt number 0541-6698286) filed by Elizabeth Diaz, Francisco De Luna. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for County)(Graybill, Lisa) (Entered: 07/26/2010)

1 Civil Cover Sheet

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2 Summons for County

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July 26, 2010

July 26, 2010

PACER
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 10/6/2010 at 09:30 AM before Judge Randy Crane. Parties notified.(bgarces, ) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
3

RETURN of Service of SUMMONS Executed as to Hidalgo County, Texas served on 8/19/2010, answer due 10/18/2010, filed.(Graybill, Lisa) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
4

STIPULATION re: Extension of Time to File Answer by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
5

STIPULATION re: Extension of Time to File Answer by Bobby Contreras, filed.(Millin, John) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
6

Unopposed MOTION for Extension of Time For Filing of Defendants' Answer and Unopposed Motion for Continuance of the Court's Initial Pretrial and Scheduling Conference by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 10/8/2010. (Attachments: # 1 Exhibit A: Stipulation to Extend Time for Filing Answer, # 2 Proposed Order)(Millin, John) (Entered: 09/17/2010)

1 Exhibit A: Stipulation to Extend Time for Filing Answer

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2 Proposed Order

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Sept. 17, 2010

Sept. 17, 2010

PACER
7

Unopposed MOTION for Extension of Time For Filing of Defendants' Answer and Unopposed Motion for Continuance of the Court's Initial Pretrial and Scheduling Conference by Bobby Contreras, filed. Motion Docket Date 10/8/2010. (Attachments: # 1 Exhibit A: Stipulation to Extend Time for Filing Answer, # 2 Proposed Order)(Millin, John) (Entered: 09/17/2010)

1 Exhibit A: Stipulation to Extend Time for Filing Answer

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2 Proposed Order

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Sept. 17, 2010

Sept. 17, 2010

PACER
8

ORDER granting 6 and 7 Motion for Extension of Time Answer due by 10/19/2010 Dispositive Motion Filing due by 10/19/2010.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER
9

NOTICE OF RESCHEDULING OF INITAL PRETRIAL CONFERENCE: Initial Conference set for 11/3/2010 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER
10

Opposed MOTION to Dismiss Based on Rule 12(b)(1) and 12(b)(6) and Opposed Motion to Strike by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/9/2010. (Attachments: # 1 Proposed Order Granting Motion to Dismiss and Motion to Strike)(Millin, John) (Entered: 10/19/2010)

1 Proposed Order Granting Motion to Dismiss and Motion to Strike

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Oct. 19, 2010

Oct. 19, 2010

PACER
11

Opposed MOTION to Dismiss Based on Rule 12b(1) and 12(b)(6) and Opposed Motion to Strike by Bobby Contreras, filed. Motion Docket Date 11/9/2010. (Attachments: # 1 Proposed Order Granting Motion to Dismiss and Motion to Strike)(Millin, John) (Entered: 10/19/2010)

1 Proposed Order Granting Motion to Dismiss and Motion to Strike

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Oct. 19, 2010

Oct. 19, 2010

PACER
12

ANSWER to 1 Complaint, by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
13

ANSWER to 1 Complaint, by Bobby Contreras, filed.(Millin, John) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
14

DEMAND for Trial by Jury by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
15

DEMAND for Trial by Jury by Bobby Contreras, filed.(Millin, John) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
16

REPORT of Rule 26(f) Planning Meeting by Francisco De Luna, Elizabeth Diaz, filed.(Caddell, Michael) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
17

CERTIFICATE OF INTERESTED PARTIES by Francisco De Luna, Elizabeth Diaz, filed.(Caddell, Michael) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
18

DESIGNATION of John A. Millin IV as attorney in charge of Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
19

DESIGNATION of John A. Millin IV as attorney in charge of Bobby Contreras, filed.(Millin, John) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
20

CERTIFICATE OF INTERESTED PARTIES by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
21

CERTIFICATE OF INTERESTED PARTIES by Bobby Contreras, filed.(Millin, John) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
22

SCHEDULING ORDER. Amended Pleadings due by 3/11/2011. Joinder of Parties due by 3/11/2011 Discovery due by 5/6/2011. Dispositive Motion Filing due by 5/20/2011. Non-Dispositive Motion Filing due by 5/20/2011. Joint Pretrial Order due by 6/28/2011. Pretrial Conference set for 7/5/2011 at 09:30 AM before Judge Randy Crane Jury Selection set for 7/6/2011 at 09:30AM before Judge Randy Crane Motion Hearing set for 6/7/2011 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
23

First AMENDED COMPLAINT with Jury Demand against Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino filed by Elizabeth Diaz, Francisco De Luna. (Attachments: # 1 Complaint)(Caddell, Michael) (Entered: 11/09/2010)

1 Complaint

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Nov. 9, 2010

Nov. 9, 2010

PACER
24

Second MOTION to Dismiss Under FRCP 12(b) and Motion to Strike by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 12/14/2010. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 11/23/2010)

1 Proposed Order

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Nov. 23, 2010

Nov. 23, 2010

PACER
25

Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike by Bobby Contreras, filed. Motion Docket Date 12/14/2010. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 11/23/2010)

1 Proposed Order

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Nov. 23, 2010

Nov. 23, 2010

PACER
26

ANSWER to 23 Amended Complaint/Counterclaim/Crossclaim etc., by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
27

ANSWER to 23 Amended Complaint/Counterclaim/Crossclaim etc., by Bobby Contreras, filed.(Millin, John) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
28

DEMAND for Trial by Jury by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
29

DEMAND for Trial by Jury by Bobby Contreras, filed.(Millin, John) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
30

RESPONSE in Opposition to 25 Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike, 24 Second MOTION to Dismiss Under FRCP 12(b) and Motion to StrikeSecond MOTION to Dismiss Under FRCP 12(b) and Motion to Strike, filed by Francisco De Luna, Elizabeth Diaz. (Caddell, Michael) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER
31

REPLY to Response to 24 Second MOTION to Dismiss Under FRCP 12(b) and Motion to StrikeSecond MOTION to Dismiss Under FRCP 12(b) and Motion to Strike, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Millin, John) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
32

REPLY to Response to 25 Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike, filed by Bobby Contreras. (Millin, John) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
33

MOTION to Amend by Bobby Contreras, Francisco De Luna, Elizabeth Diaz, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 4/20/2011. (Attachments: # 1 Proposed Order)(Caddell, Michael) (Entered: 03/30/2011)

1 Proposed Order

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March 30, 2011

March 30, 2011

PACER
34

MOTION for Protective Order by Bobby Contreras, Francisco De Luna, Elizabeth Diaz, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 4/20/2011. (Attachments: # 1 Proposed Order)(Caddell, Michael) (Entered: 03/30/2011)

1 Proposed Order

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March 30, 2011

March 30, 2011

PACER
35

MOTION for Gouri Narayan Bhat to Withdraw as Attorney by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 4/21/2011. (Bhat, Gouri) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
36

AMENDED SCHEDULING ORDER. ( Discovery due by 7/8/2011., Dispositive Motion Filing due by 7/22/2011., Non-Dispositive Motion Filing due by 7/22/2011., Joint Pretrial Order due by 8/29/2011., Pretrial Conference set for 9/6/2011 at 09:30 AM before Judge Randy Crane, Jury Selection set for 9/7/2011 at 09:30AM before Judge Randy Crane, Motion Hearing set for 8/19/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated:.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
37

PROTECTIVE ORDER Motion(s) terminated: 34 MOTION for Protective Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
38

ORDER granting 35 Motion to Withdraw as Attorney. Attorney Gouri Narayan Bhat terminated.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 04/01/2011)

April 1, 2011

April 1, 2011

PACER
39

Sealed Event, filed. (With attachments) (Entered: 04/19/2011)

April 19, 2011

April 19, 2011

PACER
40

Sealed Event, filed. (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
41

MOTION to Compel Deposition of Mary Alice Palacios by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/3/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Levy, Dana) (Entered: 05/13/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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May 13, 2011

May 13, 2011

PACER
42

ORDER Setting Hearing on Motion 41 MOTION to Compel Deposition of Mary Alice Palacios : Motion Hearing set for 5/25/2011 at 12:00 PM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 05/19/2011)

May 18, 2011

May 18, 2011

PACER
43

*DOCUMENT FILED INCORRECTLY. ATTORNEY WILL REFILE CORRECT DOCUMENT AS #44. MOTION for Courtney A. Bowie to Appear as Attorney by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/10/2011. (Levy, Dana) Modified on 5/23/2011 (rcoronado, ). (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
44

AMENDED 43 MOTION( Motion Docket Date 6/10/2011.), MOTION for Courtney A. Bowie to Appear as Attorney by Francisco De Luna, Elizabeth Diaz, filed. (Attachments: # 1 Proposed Order)(Levy, Dana) (Entered: 05/20/2011)

1 Proposed Order

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May 20, 2011

May 20, 2011

PACER
45

ORDER granting 44 Plaintiff's Motion for Courtney A. Browie to Appear as Attorney-in-Charge.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
46

ORDER Setting Hearing on Defendants' Motion for Mental Examination of Plaintiffs set for 5/25/2011 at 12:00 PM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
47

RESPONSE in Opposition to 41 MOTION to Compel Deposition of Mary Alice Palacios, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 05/25/2011)

1 Proposed Order

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May 25, 2011

May 25, 2011

PACER
48

Opposed MOTION to Compel Discovery Responses by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/29/2011. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit A)(Graybill, Lisa) (Entered: 06/08/2011)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H

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8 Exhibit A

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June 8, 2011

June 8, 2011

PACER
49

Opposed MOTION to Modify The Scheduling Order by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/6/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Graybill, Lisa) (Entered: 06/15/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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June 15, 2011

June 15, 2011

PACER
50

ORDER granting in part and denying in part 24 Motion to Dismiss and Denying Motion to Strike.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
51

Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/19/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Graybill, Lisa) (Entered: 06/28/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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June 28, 2011

June 28, 2011

PACER
52

Joint MOTION to Amend 36 Scheduling Order,, Terminate Motions, by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/29/2011. (Bowie, Courtney) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
53

Unopposed MOTION to Withdraw 49 Opposed MOTION to Modify The Scheduling Order by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/29/2011. (Bowie, Courtney) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
54

ORDER granting 53 Motion to Withdraw; withdrawing 49 Opposed MOTION to Modify The Scheduling Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
55

ORDER granting 48 Motion to Compel Discovery Responses.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
56

ORDER Setting Hearing on Pending Motions - 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios : Motion Hearing set for 7/22/2011 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
57

AMENDED SCHEDULING ORDER: ( Discovery due by 10/7/2011., Dispositive Motion Filing due by 10/21/2011., Non-Dispositive Motion Filing due by 10/21/2011., Joint Pretrial Order due by 11/28/2011., Pretrial Conference set for 12/5/2011 at 09:30 AM before Judge Randy Crane, Jury Selection set for 12/6/2011 at 09:30AM before Judge Randy Crane, Motion Hearing set for 11/18/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated: 52 Joint MOTION to Amend 36 Scheduling Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
58

Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 8/5/2011. (Attachments: # 1 Exhibit A: Verification, # 2 Proposed Order)(Millin, John) (Entered: 07/15/2011)

1 Exhibit A: Verification

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2 Proposed Order

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July 15, 2011

July 15, 2011

PACER
59

RESPONSE in Opposition to 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Millin, John) (Entered: 07/18/2011)

July 18, 2011

July 18, 2011

PACER
60

ORDER RESETTING HEARING ON PENDING MOTIONS: Motion Hearing on Plaintiffs' Motion to Compel the Discovery Responses by Mary Alice Palacios is reset for 8/19/2011 at 09:30 AM before Judge Randy Crane), 58 Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios-MOOT.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
61

RESPONSE in Opposition to 58 Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios, filed by Francisco De Luna, Elizabeth Diaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Bowie, Courtney) (Entered: 07/19/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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July 19, 2011

July 19, 2011

PACER
62

ORDER CANCELLING MOTIONS HEARING AND SETTING DEPOSITION: ( Deposition of Mary Alice Palacios set for 8/25/2011 at 08:30 AM before Judge Randy Crane) (Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
63

MOTION for Reconsideration of 55 Order on Motion to Compel by Hidalgo County, Texas, filed. Motion Docket Date 8/24/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Ramirez, Dennis) (Entered: 08/03/2011)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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Aug. 3, 2011

Aug. 3, 2011

PACER
64

Opposed MOTION for Sanctions by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 8/24/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Graybill, Lisa) (Entered: 08/03/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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Aug. 3, 2011

Aug. 3, 2011

PACER
65

RESPONSE in Opposition to 63 MOTION for Reconsideration of 55 Order on Motion to Compel, filed by Francisco De Luna, Elizabeth Diaz. (Bowie, Courtney) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
66

RESPONSE in Opposition to 64 Opposed MOTION for Sanctions, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Attachments: # 1 Exhibit A: Supplement to Interrogatory Answers, # 2 Exhibit B: Second Supplement to Interrogatory Answers, # 3 Exhibit C: Supplement to Responses to Requests for Production, # 4 Proposed Order denying Plaintiffs' Motion for Sanctions)(Millin, John) (Entered: 08/23/2011)

1 Exhibit A: Supplement to Interrogatory Answers

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2 Exhibit B: Second Supplement to Interrogatory Answers

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3 Exhibit C: Supplement to Responses to Requests for Production

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4 Proposed Order denying Plaintiffs' Motion for Sanctions

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Aug. 23, 2011

Aug. 23, 2011

PACER
67

Supplemental RESPONSE in Opposition to 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios, filed by Mary Alice Palacios. (Attachments: # 1 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 1, # 2 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 2, # 3 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 3)(Millin, John) (Entered: 08/24/2011)

1 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 1

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2 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 2

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3 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 3

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Aug. 24, 2011

Aug. 24, 2011

PACER
68

MOTION for Brandy Wingate to Appear Pro Hac Vice by Mary Alice Palacios, filed. Motion Docket Date 9/15/2011. (bgarces, ) (Entered: 08/29/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
69

ORDER granting 68 Motion for Brandy Wingate to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 08/29/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
70

Opposed MOTION for Status Hearing by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 10/28/2011. (Attachments: # 1 Exhibit A)(Bowie, Courtney) (Entered: 10/07/2011)

1 Exhibit A

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Oct. 7, 2011

Oct. 7, 2011

PACER
71

Opposed MOTION to Amend 57 Scheduling Order,,, Terminate Motions,, by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 10/28/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bowie, Courtney) (Entered: 10/07/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Oct. 7, 2011

Oct. 7, 2011

PACER
72

AMENDED SCHEDULING ORDER ( Dispositive Motion Filing due by 11/10/2011., Non-Dispositive Motion Filing due by 11/10/2011., Joint Pretrial Order due by 12/27/2011., Pretrial Conference set for 1/3/2012 at 09:30 AM before Judge Randy Crane, Jury Selection set for 1/4/2012 at 09:30AM before Judge Randy Crane, Motion Hearing set for 12/9/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated: 71 Opposed MOTION to Amend 57 Scheduling Order,, 70 Opposed MOTION for Status Hearing.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
73

ORDER GRANTING EMERGENCY OPPOSED MOTION TO EXTEND DEADLINES AND AMEND CASE MANAGEMENT ORDER: 64 Motion for Sanctions taking under advisement.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
74

MOTION for Summary Judgment by Hidalgo County, Texas, filed. Motion Docket Date 11/8/2011. (Attachments: # 1 Proposed Order, # 2 Exhibit A: Plaintiff's First Amended Complaint, # 3 Exhibit B: Affidavit of Robert Leal, # 4 Exhibit C: Transcript of Elizabeth Diaz Arraignment, # 5 Exhibit D: Transcript of Francisco De Luna Arraignment, # 6 Exhibit E: Interrogatory Responses of Elizabeth Diaz, # 7 Exhibit F: Interrogatory Responses of Francisco De Luna, # 8 Exhibit G: Transcript excerpts of Elizabeth Diaz deposition, # 9 Exhibit H: Transcript excerpts of Francisco De Luna deposition, # 10 Exhibit I: Dana Levy letter, # 11 Exhibit J: Trial transcript of Lee Roy Trevino)(Millin, John) (Entered: 10/18/2011)

1 Proposed Order

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2 Exhibit A: Plaintiff's First Amended Complaint

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3 Exhibit B: Affidavit of Robert Leal

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4 Exhibit C: Transcript of Elizabeth Diaz Arraignment

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5 Exhibit D: Transcript of Francisco De Luna Arraignment

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6 Exhibit E: Interrogatory Responses of Elizabeth Diaz

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7 Exhibit F: Interrogatory Responses of Francisco De Luna

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8 Exhibit G: Transcript excerpts of Elizabeth Diaz deposition

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9 Exhibit H: Transcript excerpts of Francisco De Luna deposition

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10 Exhibit I: Dana Levy letter

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11 Exhibit J: Trial transcript of Lee Roy Trevino

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Oct. 18, 2011

Oct. 18, 2011

PACER
75

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
76

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
77

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
78

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
79

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
80

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
81

EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed. (Attachments: # 1 Exhibit 3 of 49, # 2 Exhibit 4 of 49, # 3 Exhibit 5 of 49, # 4 Exhibit 6 of 49, # 5 Exhibit 7 of 49, # 6 Exhibit 8 of 49, # 7 Exhibit 9 of 49, # 8 Exhibit 10 of 49, # 9 Exhibit 11 of 49, # 10 Exhibit 12 of 49, # 11 Exhibit 13 of 49, # 12 Exhibit 14 of 49, # 13 Exhibit 15 of49, # 14 Exhibit 16 of 49, # 15 Exhibit 17 of 49, # 16 Exhibit 18 of 49, # 17 Exhibit 19 of 49, # 18 Exhibit 20 of 49, # 19 Exhibit 21 of 49, # 20 Exhibit 22 of 49, # 21 Exhibit 23 of 49, # 22 Exhibit 24 of 49, # 23 Exhibit 25 of 49, # 24 Exhibit 26 of 49, # 25 Exhibit 27 of 49, # 26 Exhibit 28 of 49, # 27 Exhibit 29 of 49, # 28 Exhibit 30 of 49, # 29 Exhibit 31 of 49, # 30 Exhibit 32 of 49, # 31 Exhibit 33 of 49, # 32 Exhibit 34 of 49, # 33 Exhibit 35 of 49, # 34 Exhibit 36 of 49, # 35 Exhibit 37 of 49, # 36 Exhibit 38 of 49, # 37 Exhibit 39 of 49, # 38 Exhibit 40 of 49, # 39 Exhibit 41 of 49, # 40 Exhibit 42 of 49, # 41 Exhibit 43 of 49, # 42 Exhibit 44 of 49, # 43 Exhibit 45 of 49, # 44 Exhibit 46 of 49, # 45 Exhibit 47 of 49, # 46 Exhibit 48 of 49, # 47 Exhibit 49 of 49)(Millin, John) (Entered: 10/19/2011)

1 Exhibit 3 of 49

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2 Exhibit 4 of 49

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3 Exhibit 5 of 49

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4 Exhibit 6 of 49

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5 Exhibit 7 of 49

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6 Exhibit 8 of 49

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7 Exhibit 9 of 49

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8 Exhibit 10 of 49

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9 Exhibit 11 of 49

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10 Exhibit 12 of 49

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11 Exhibit 13 of 49

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12 Exhibit 14 of 49

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13 Exhibit 15 of49

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14 Exhibit 16 of 49

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15 Exhibit 17 of 49

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16 Exhibit 18 of 49

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17 Exhibit 19 of 49

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18 Exhibit 20 of 49

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19 Exhibit 21 of 49

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20 Exhibit 22 of 49

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21 Exhibit 23 of 49

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22 Exhibit 24 of 49

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23 Exhibit 25 of 49

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24 Exhibit 26 of 49

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25 Exhibit 27 of 49

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26 Exhibit 28 of 49

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27 Exhibit 29 of 49

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28 Exhibit 30 of 49

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29 Exhibit 31 of 49

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30 Exhibit 32 of 49

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31 Exhibit 33 of 49

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32 Exhibit 34 of 49

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33 Exhibit 35 of 49

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34 Exhibit 36 of 49

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35 Exhibit 37 of 49

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36 Exhibit 38 of 49

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37 Exhibit 39 of 49

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38 Exhibit 40 of 49

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39 Exhibit 41 of 49

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40 Exhibit 42 of 49

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41 Exhibit 43 of 49

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42 Exhibit 44 of 49

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43 Exhibit 45 of 49

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44 Exhibit 46 of 49

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45 Exhibit 47 of 49

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46 Exhibit 48 of 49

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47 Exhibit 49 of 49

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Oct. 19, 2011

Oct. 19, 2011

PACER
82

NOTICE of Appearance by Mark Whitburn on behalf of Francisco De Luna, Elizabeth Diaz, filed. (Whitburn, Mark) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
83

Opposed MOTION to Compel Discovery Responses by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/14/2011. (Attachments: # 1 Exhibit A: ACLU Billing Records, # 2 Exhibit B: Caddell Billing, # 3 Exhibit C: Bhat Berk Law Billing, # 4 Exhibit D: Correspondence dated February 10, 2011, # 5 Exhibit E: Francisco De Luna Answers to Interrogatories, # 6 Exhibit F: Elizabeth Diaz Answers to Interrogatories, # 7 Proposed Order)(Millin, John) (Entered: 10/21/2011)

1 Exhibit A: ACLU Billing Records

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2 Exhibit B: Caddell Billing

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3 Exhibit C: Bhat Berk Law Billing

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4 Exhibit D: Correspondence dated February 10, 2011

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5 Exhibit E: Francisco De Luna Answers to Interrogatories

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6 Exhibit F: Elizabeth Diaz Answers to Interrogatories

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7 Proposed Order

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Oct. 21, 2011

Oct. 21, 2011

PACER
84

Unopposed MOTION for Extension of Time Response to Defendants' Motion for Summary Judgment by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 11/25/2011. (Attachments: # 1 Proposed Order)(Whitburn, Mark) (Entered: 11/04/2011)

1 Proposed Order

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Nov. 4, 2011

Nov. 4, 2011

PACER
85

RESPONSE in Opposition to 83 Opposed MOTION to Compel Discovery Responses, filed by Francisco De Luna, Elizabeth Diaz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Bowie, Courtney) (Entered: 11/04/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Nov. 4, 2011

Nov. 4, 2011

PACER
86

ORDER granting 84 Motion for Extension of Time to File Response to Motion for Summary Judgment by 11/10/2011.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
87

Opposed MOTION Deny Class Certification by Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/28/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit B Part 3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Hernandez, Jose) (Entered: 11/07/2011)

1 Exhibit A

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2 Exhibit B Part 1

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3 Exhibit B Part 2

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4 Exhibit B Part 3

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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Nov. 7, 2011

Nov. 7, 2011

PACER
88

ORDER mooting and denying 83 Motion to Compel and 87 Motion to Compel.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
89

MOTION to Compel Compliance with Court Order( Motion Docket Date 12/1/2011.), MOTION for Discovery, MOTION for Sanctions by Hidalgo County, Texas, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Millin, John) (Entered: 11/10/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Nov. 10, 2011

Nov. 10, 2011

PACER
90

Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 12/1/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Bowie, Courtney) (Entered: 11/10/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Exhibit 28

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29 Exhibit 29

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30 Exhibit 30

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Nov. 10, 2011

Nov. 10, 2011

RECAP
91

Opposed MOTION to Certify Class by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 12/1/2011. (Attachments: # 1 Proposed Order)(Whitburn, Mark) (Entered: 11/10/2011)

1 Proposed Order

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Nov. 10, 2011

Nov. 10, 2011

PACER
92

MEMORANDUM in Support re: 91 Opposed MOTION to Certify Class by Francisco De Luna, Elizabeth Diaz, filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Whitburn, Mark) (Entered: 11/10/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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Nov. 10, 2011

Nov. 10, 2011

PACER
93

PROPOSED ORDER Order Denying Class Certification re: 87 Opposed MOTION Deny Class Certification, filed.(Hernandez, Jose) (Entered: 11/11/2011)

Nov. 11, 2011

Nov. 11, 2011

PACER
94

Letter from Taurean K Brown re: copies Exhibit 17 and Exhibit 24, filed. (forwarded to Chambers) (bgarces, ) (Entered: 11/15/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
95

ORDER denying 89 Motion to Compel.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
96

Opposed MOTION for Continuance of Jury Selection, Trial Setting, and All Deadlines, Opposed MOTION for Extension of Time File Response To Plaintiff's Motion for Summary Judgment( Motion Docket Date 12/12/2011.), Opposed MOTION to Modify Scheduling Order by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Millin, John) (Entered: 11/21/2011)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Nov. 21, 2011

Nov. 21, 2011

PACER
97

RESPONSE in Opposition to 87 Opposed MOTION Deny Class Certification, filed by Francisco De Luna, Elizabeth Diaz. (Whitburn, Mark) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
98

RESPONSE in Opposition to 96 Opposed MOTION for Continuance of Jury Selection, Trial Setting, and All DeadlinesOpposed MOTION for Extension of Time File Response To Plaintiff's Motion for Summary JudgmentOpposed MOTION to Modify Scheduling Order, filed by Francisco De Luna. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Bowie, Courtney) (Entered: 11/28/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Nov. 28, 2011

Nov. 28, 2011

PACER
99

Supplemental INITIAL DISCLOSURES by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Millin, John) (Entered: 11/29/2011)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Nov. 29, 2011

Nov. 29, 2011

PACER
100

ORDER on 96 Motion for Continuance/for Extension of Time and to Modify ( Response to Motion for Summary Judgment due by 12/12/2011).(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 26, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Young adults jailed in the Hidalgo County Adult Detention Facility for failure to pay fines from school attendance violations

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Hidalgo County (Hidalgo), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Juveniles

Over/Unlawful Detention

Affected Gender:

Female

Male

Type of Facility:

Government-run