Case: Central Alabama Fair Housing Center v. Magee

2:11-cv-00982 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 18, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 18, 2011, two undocumented Mexican immigrants and three Alabama fair housing groups filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and 42 U.S.C. § 1983 against the State of Alabama. The plaintiffs, represented by the National Immigration Law Center, the ACLU, the Southern Poverty Law Center, LatinoJustice, and private counsel, sought injunctive relief, declaratory relief, compensat…

On November 18, 2011, two undocumented Mexican immigrants and three Alabama fair housing groups filed this class-action lawsuit in the U.S. District Court for the Middle District of Alabama under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and 42 U.S.C. § 1983 against the State of Alabama.

The plaintiffs, represented by the National Immigration Law Center, the ACLU, the Southern Poverty Law Center, LatinoJustice, and private counsel, sought injunctive relief, declaratory relief, compensatory damages, and attorneys' fees, alleging that an Alabama law violated the Fair Housing Act and the Supremacy and Due Process Clauses of the U.S. Constitution, and threated to leave families across the state homeless. Specifically, Alabama HB 56 prohibited any individual from entering into a business transaction with the State without proof of U.S. citizenship or lawful immigration status. A separate Alabama law required that owners of mobile homes obtain annual registration tags from the State. Together, these two laws put undocumented immigrant mobile home owners in a difficult position: renew the tags and be subject to a felony prosecution under HB 56, or refrain from renewing the tags and risk other civil and criminal penalties.

On November 23, 2011, the District Court (Judge Myron H. Thomson) granted the plaintiffs' motion for a temporary restraining order and temporarily enjoined the State from enforcing HB 56 against mobile home owners. Cent. Alabama Fair Hous. Ctr. v. Magee, 2011 WL 5878363 (M.D. Ala. Nov. 23, 2011).

Two weeks later, after denying the State's motion to dissolve the temporary restraining order and granting the plaintiffs' motion to extend the order, the District Court imposed a preliminary injunction on the State. Cent. Alabama Fair Hous. Ctr. v. Magee, 835 F. Supp. 2d 1165 (M.D. Ala. 2011). The Court held that the plaintiffs were substantially likely to prevail on their claims that the enforcement of HB 56 against individuals seeking to renew their mobile home registrations intentionally discriminates against and has an unlawful disparate impact on Latinos, in violation of the Fair Housing Act. The Court further held that the plaintiffs demonstrated a substantial likelihood of success on their claim that federal immigration laws preempted HB 56, and that they would suffer irreparable harm in the absence of an injunction.

Based on this holding, the District Court (Judge Thompson) enjoined the State from: (1) requiring any person who attempts to pay the annual mobile home registration fee to prove his or her U.S. citizenship or lawful immigration status; and (2) refusing to issue mobile home registration tags to any person because that person cannot prove his or her U.S. citizenship or lawful immigration status. The Court further declared that it is not a criminal violation of HB 56 for an individual to obtain a registration decal without providing proof of U.S. citizenship or lawful immigration status.

On December 21, 2011, the State appealed the preliminary injunction. While this appeal was pending in the Eleventh Circuit, the parties conducted discovery. On May 17, 2013, the Eleventh Circuit (Judges Gerald Tjoflat, Charles Wilson, and Beverly Martin) dismissed the appeal as moot because in May 2012 the Alabama legislature amended HB 56 to exclude mobile home registrations. Cent. Alabama Fair Hous. Ctr. v. Comm'r, Alabama Dep't of Revenue, 2013 WL 2372302 (11th Cir. May 17, 2013). The Court also vacated the preliminary injunction and remanded the case to the District Court for further proceedings.

With the claims for declaratory and injunctive relief rendered moot by the amended statute, the parties turned to the issue of attorneys' fees and costs. On December 27, 2013, the plaintiffs filed a motion for attorneys' fees and expenses, which was resolved after the State agreed to pay the plaintiffs' attorneys $230,000 in a private settlement. The District Court dismissed the case on May 6, 2014, upon stipulation of the parties.

Summary Authors

Perry Miska (3/10/2014)

Robert Lake (6/22/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5517404/parties/central-alabama-fair-housing-center-v-magee/


Judge(s)

Coody, Charles S. (Alabama)

Martin, Beverly Baldwin (Georgia)

Thompson, Myron Herbert (Alabama)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Crook, Jamie L. (District of Columbia)

Dane, Stephen M. (District of Columbia)

Judge(s)

Coody, Charles S. (Alabama)

Martin, Beverly Baldwin (Georgia)

Thompson, Myron Herbert (Alabama)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Crook, Jamie L. (District of Columbia)

Dane, Stephen M. (District of Columbia)

Gelernt, Lee (New York)

Graunke, Kristi L. (Georgia)

Huerta, Alvaro M. (California)

Joaquin, Linton (California)

Maer, Foster (New York)

Sen, Diana S. (New York)

Tumlin, Karen C. (California)

Attorneys(s) for Defendant

Clements, Fred Lee Jr. (Alabama)

Davis, James William (Alabama)

Fairbanks, Misty S (Alabama)

Fleming, Margaret L. (Alabama)

Messick, Misty Shawn Fairbanks (Alabama)

Parker, William G. Jr. (Alabama)

Payne, Joshua Kerry (Alabama)

Strange, Luther J (Alabama)

Webb, Kendrick E. (Alabama)

Documents in the Clearinghouse

Document

Docket

May 8, 2014 Docket
1

Complaint

Nov. 18, 2011 Complaint
31

First Amended Complaint

Nov. 21, 2011 Complaint
50

Order granting temporary restraining order

2011 WL 5878363, 2011 U.S.Dist.LEXIS 135537

Nov. 23, 2011 Order/Opinion
77

Order denying motion to dissolve temporary restraining order

2011 WL 6010501, 2011 U.S.Dist.LEXIS 138056

Dec. 2, 2011 Order/Opinion
83

Order granting extension of temporary restraining order

2011 WL 6090125, 2011 U.S.Dist.LEXIS 140808

Dec. 7, 2011 Order/Opinion
88

Preliminary Injunction

Central Alabama Fair Housing Center v. Julie Magee

Dec. 12, 2011 Order/Opinion
88

Order granting preliminary injunction

835 F.Supp.2d 1165, 2011 WL 6182334, 2011 U.S.Dist.LEXIS 142788

Dec. 12, 2011 Order/Opinion
131

Protective Order

2012 WL 705675, 2012 U.S.Dist.LEXIS 28630

March 5, 2012 Order/Opinion
154

COA remand order

May 17, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5517404/central-alabama-fair-housing-center-v-magee/

Last updated May 12, 2022

ECF Number Description Date Link
2

Summons Issued as to Julie Magee and returned to counsel for personal service. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES against William Harper, Julie Magee, filed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. (Attachments: # 1 Exhibit 1)(dmn) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
2

Summons Issued as to Julie Magee and returned to counsel for personal service. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
3

Summons Issued; summons and complaint mailed CMRRR as to William Harper. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
3

Summons Issued; summons and complaint mailed CMRRR as to William Harper. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
4

Corporate/Conflict Disclosure Statement by Central Alabama Fair Housing Center. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
5

Corporate/Conflict Disclosure Statement by Center for Fair Housing, Inc. (dmn, ) (Main Document 5 replaced on 11/18/2011) (dmn, ). (Entered: 11/18/2011)

Nov. 18, 2011
4

Corporate/Conflict Disclosure Statement by Central Alabama Fair Housing Center. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
6

Corporate/Conflict Disclosure Statement by Fair Housing Center of Northern Alabama. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
5

Corporate/Conflict Disclosure Statement by Center for Fair Housing, Inc. (dmn, ) (Main Document 5 replaced on 11/18/2011) (dmn, ). (Entered: 11/18/2011)

Nov. 18, 2011 PACER
7

Corporate/Conflict Disclosure Statement by John Doe #1. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
6

Corporate/Conflict Disclosure Statement by Fair Housing Center of Northern Alabama. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
7

Corporate/Conflict Disclosure Statement by John Doe #1. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
8

Corporate/Conflict Disclosure Statement by John Doe #2. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
9

MOTION for Leave to Proceed Under a Pseudonym by John Doe #1, John Doe #2. (Attachments: # 1 Proposed Order)(dmn) (Entered: 11/18/2011)

Nov. 18, 2011
8

Corporate/Conflict Disclosure Statement by John Doe #2. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
10

BRIEF/MEMORANDUM in Support of 9 MOTION for Leave to File filed by John Doe #1, John Doe #2. (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)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
9

MOTION for Leave to Proceed Under a Pseudonym by John Doe #1, John Doe #2. (Attachments: # 1 Proposed Order)(dmn) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
11

MOTION for Class Certification by John Doe #1, John Doe #2. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
10

BRIEF/MEMORANDUM in Support of 9 MOTION for Leave to File filed by John Doe #1, John Doe #2. (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)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
12

BRIEF/MEMORANDUM in Support of 11 MOTION for Class Certification filed by John Doe #1, John Doe #2. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
11

MOTION for Class Certification by John Doe #1, John Doe #2. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
13

MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Proposed Temporary Restraining Order, # 2 Proposed Preliminary Injunction Order)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
12

BRIEF/MEMORANDUM in Support of 11 MOTION for Class Certification filed by John Doe #1, John Doe #2. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
14

BRIEF/MEMORANDUM in Support of 13 MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, Declaration of Jamie L. Crook, # 3 Exhibit 2, Declaration of Samuel Brooke, # 4 Exhibit 3, Declaration of John Doe #1, # 5 Exhibit 4, Declaration of John Doe #2, # 6 Exhibit 5, Declaration of Faith R. Cooper, # 7 Exhibit 6, Declaration of Lila E. Hackett, # 8 Exhibit 7, Declaration of Teresa F. Bettis)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
13

MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Proposed Temporary Restraining Order, # 2 Proposed Preliminary Injunction Order)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER

***Attorney Stephen M. Dane, Karen C. Tumlin, and Linton Joaquin added for Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 pursuant to Motions for Admission Pro Hac Vice filed 11/18/2011. (dmn) (Entered: 11/18/2011)

Nov. 18, 2011
14

BRIEF/MEMORANDUM in Support of 13 MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, Declaration of Jamie L. Crook, # 3 Exhibit 2, Declaration of Samuel Brooke, # 4 Exhibit 3, Declaration of John Doe #1, # 5 Exhibit 4, Declaration of John Doe #2, # 6 Exhibit 5, Declaration of Faith R. Cooper, # 7 Exhibit 6, Declaration of Lila E. Hackett, # 8 Exhibit 7, Declaration of Teresa F. Bettis)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
15

Motion for STEPHEN M. DANE to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602020614) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011

***Attorney Stephen M. Dane, Karen C. Tumlin, and Linton Joaquin added for Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 pursuant to Motions for Admission Pro Hac Vice filed 11/18/2011. (dmn)

Nov. 18, 2011 PACER
17

Motion for Karen C. Tumlin to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602020612) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order, # 3 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
15

Motion for STEPHEN M. DANE to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602020614) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
16

Motion for LINTON JOAQUIN to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602020613) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order, # 3 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
18

Filing fee: $ 350.00, receipt number 4602020611. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
19

NOTICE of Correction re 5 Corporate/Conflict Disclosure Statement. The wrong pdf was attached when originally filed. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected pdf of Doc. 5 )(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011
17

Motion for Karen C. Tumlin to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602020612) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order, # 3 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
20

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. All Plaintiffs. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011
18

Filing fee: $ 350.00, receipt number 4602020611. (dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
19

NOTICE of Correction re 5 Corporate/Conflict Disclosure Statement. The wrong pdf was attached when originally filed. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected pdf of Doc. 5 )(dmn, ) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
21

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. William Harper served on 11/18/2011, answer due 12/9/2011. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011
22

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. Julie Magee served on 11/18/2011, answer due 12/9/2011. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011
20

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. All Plaintiffs. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011 PACER

Set/Reset Hearings: Oral Argument re 13 Motion for Temporary Restraining Order and Preliminary Injunction set for 11/18/2011 04:30 PM by telephone before Honorable Judge Myron H. Thompson. (ag, ) (Entered: 11/18/2011)

Nov. 18, 2011
21

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. William Harper served on 11/18/2011, answer due 12/9/2011. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
23

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Oral Argument held on 11/18/2011 (PDF available for court use only), Motion Hearing held on 11/18/2011 re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe #2, Fair Housing Center of Northern Alabama, John Doe #1, Central Alabama Fair Housing Center, Center for Fair Housing, Inc. (PDF available for court use only). (Court Reporter Risa Entrekin.) (ag, ) (Main Document 23 replaced on 11/22/2011) (ag, ). (Entered: 11/18/2011)

Nov. 18, 2011
22

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. Julie Magee served on 11/18/2011, answer due 12/9/2011. (Bauer, Mary) (Entered: 11/18/2011)

Nov. 18, 2011 PACER

Set/Reset Hearings: Evidentiary Hearing re 13 Motion for Preliminary Injunction set for 11/23/2011 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. (ag, ) (Entered: 11/18/2011)

Nov. 18, 2011

Set/Reset Hearings: Oral Argument re 13 Motion for Temporary Restraining Order and Preliminary Injunction set for 11/18/2011 04:30 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )

Nov. 18, 2011 PACER
24

ORDER granting motions for admission pro hac vice (Doc. Nos. 15 , 16 , &17 ). Signed by Honorable Judge Myron H. Thompson on 11/21/2011. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011
23

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Oral Argument held on 11/18/2011 (PDF available for court use only), Motion Hearing held on 11/18/2011 re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe #2, Fair Housing Center of Northern Alabama, John Doe #1, Central Alabama Fair Housing Center, Center for Fair Housing, Inc. (PDF available for court use only). (Court Reporter Risa Entrekin.) (ag, ) (Main Document 23 replaced on 11/22/2011) (ag, ). (Entered: 11/18/2011)

Nov. 18, 2011 PACER
25

ORDER that plaintiffs' 13 MOTION for a Preliminary Injunction is set for an Evidentiary Hearing on 11/23/2011 at 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. The defendants are to file a written response to the motion by no later than noon on 11/22/2011. The clerk of the court is DIRECTED to notify by telephone all defense counsel (those who appeared in person and by telephone at the status conference on 11/18/2011) of this order. Signed by Honorable Judge Myron H. Thompson on 11/21/2011. Copies furnished to Calendar group, AG. Counsel notified by telephone as directed. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011

Set/Reset Hearings: Evidentiary Hearing re 13 Motion for Preliminary Injunction set for 11/23/2011 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. (ag, )

Nov. 18, 2011 PACER
26

ORDER that plaintiffs' 13 MOTION for a Temporary Restraining Order is set for an Evidentiary Hearing on 11/23/2011 at 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. The defendants are to file a written response to the motion by no later than noon on 11/22/2011. The court misspoke during the on−the−record conference on 11/18/2011, when it said that the motion for a TRO was "folded" into the motion for a preliminary injunction. Instead, the two motions will be considered as separate motions on 11/23/2011. The clerk of the court is DIRECTED to notify by telephone all defense counsel (those who appeared in person and by telephone at the status conference on 11/18/2011) of this order. Signed by Honorable Judge Myron H. Thompson on 11/21/2011. Copies furnished to Calendar group and AG. Counsel notified by telephone as directed. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011
24

ORDER granting motions for admission pro hac vice (Doc. Nos. 15, 16, & 17 ). Signed by Honorable Judge Myron H. Thompson on 11/21/2011. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
27

Motion for Kristi L. Graunke to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brooke, Samuel) [Modified on 11/22/2011 to add attorney's name requesting appearance.−DMN] (Entered: 11/21/2011)

Nov. 21, 2011
25

ORDER that plaintiffs' 13 MOTION for a Preliminary Injunction is set for an Evidentiary Hearing on 11/23/2011 at 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. The defendants are to file a written response to the motion by no later than noon on 11/22/2011. The clerk of the court is DIRECTED to notify by telephone all defense counsel (those who appeared in person and by telephone at the status conference on 11/18/2011) of this order. Signed by Honorable Judge Myron H. Thompson on 11/21/2011. Copies furnished to Calendar group, AG. Counsel notified by telephone as directed. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011 RECAP
28

Motion for Justin B. Cox to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) [Modified on 11/22/2011 to add attorney's name requesting appearance.−DMN] (Entered: 11/21/2011)

Nov. 21, 2011
26

ORDER that plaintiffs' 13 MOTION for a Temporary Restraining Order is set for an Evidentiary Hearing on 11/23/2011 at 08:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. The defendants are to file a written response to the motion by no later than noon on 11/22/2011. The court misspoke during the on-the-record conference on 11/18/2011, when it said that the motion for a TRO was "folded" into the motion for a preliminary injunction. Instead, the two motions will be considered as separate motions on 11/23/2011. The clerk of the court is DIRECTED to notify by telephone all defense counsel (those who appeared in person and by telephone at the status conference on 11/18/2011) of this order. Signed by Honorable Judge Myron H. Thompson on 11/21/2011. Copies furnished to Calendar group and AG. Counsel notified by telephone as directed. (dmn) (Entered: 11/21/2011)

Nov. 21, 2011 RECAP
29

Corporate/Conflict Disclosure Statement by Julie Magee. (Fairbanks, Misty) (Additional attachment(s) added on 11/22/2011: # 1 Corrected Certificate of Service) (dmn, ). (Entered: 11/21/2011)

Nov. 21, 2011
27

Motion for Kristi L. Graunke to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brooke, Samuel) [Modified on 11/22/2011 to add attorney's name requesting appearance.-DMN] (Entered: 11/21/2011)

Nov. 21, 2011 PACER

***Attorney Misty S. Fairbanks,James William Davis,Margaret Lindsey Fleming, William G. Parker, Jr., Joshua K. Payne added for Julie Magee pursuant to Doc. 29 ). (dmn, ) (Entered: 11/21/2011)

Nov. 21, 2011
28

Motion for Justin B. Cox to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order)(Brooke, Samuel) [Modified on 11/22/2011 to add attorney's name requesting appearance.-DMN] (Entered: 11/21/2011)

Nov. 21, 2011 PACER
29

Corporate/Conflict Disclosure Statement by Julie Magee. (Fairbanks, Misty) (Additional attachment(s) added on 11/22/2011: # 1 Corrected Certificate of Service) (dmn, ). (Entered: 11/21/2011)

Nov. 21, 2011 PACER
30

NOTICE by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 of Voluntary Dismissal of Defendant William Harper (Brooke, Samuel) (Entered: 11/21/2011)

Nov. 21, 2011
31

AMENDED COMPLAINT (FIRST) against Julie Magee, filed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. (Attachments: # 1 Exhibit Act 2011−535 / HB 56)(Brooke, Samuel) (Entered: 11/21/2011)

Nov. 21, 2011

***Attorney Misty S. Fairbanks,James William Davis,Margaret Lindsey Fleming, William G. Parker, Jr., Joshua K. Payne added for Julie Magee pursuant to Doc. 29 ). (dmn, )

Nov. 21, 2011 PACER
32

Summons Issued as to Jimmy Stubbs and returned to counsel for personal service. (dmn, ) (Entered: 11/21/2011)

Nov. 21, 2011
30

NOTICE by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 of Voluntary Dismissal of Defendant William Harper (Brooke, Samuel) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
33

RESPONSE in Opposition re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (State Defendant's First Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction) filed by Julie Magee. (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)(Fairbanks, Misty) (Additional attachment(s) added on 11/22/2011: # 15 Corrected Certificate of Service) (dmn, ). (Entered: 11/21/2011)

Nov. 21, 2011
31

AMENDED COMPLAINT (FIRST) against Julie Magee, filed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. (Attachments: # 1 Exhibit Act 2011-535 / HB 56)(Brooke, Samuel) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
32

Summons Issued as to Jimmy Stubbs and returned to counsel for personal service. (dmn, ) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
35

PRO HAC VICE filing fee received for Kristi L. Graunke re 27 Motion for Admission Pro Hac Vice: $ 50.00, receipt number 4602020641.(dmn, ) (Entered: 11/22/2011)

Nov. 21, 2011
33

RESPONSE in Opposition re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (State Defendant's First Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction) filed by Julie Magee. (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)(Fairbanks, Misty) (Additional attachment(s) added on 11/22/2011: # 15 Corrected Certificate of Service) (dmn, ). (Entered: 11/21/2011)

Nov. 21, 2011 PACER
36

PRO HAC VICE Filing fee received for Justin B. Cox re [ 28 Motion for Admission Pro Hac Vice: $ 50.00, receipt number 4602020640.(dmn, ) (Entered: 11/22/2011)

Nov. 21, 2011
35

PRO HAC VICE filing fee received for Kristi L. Graunke re 27 Motion for Admission Pro Hac Vice: $ 50.00, receipt number 4602020641.(dmn, ) (Entered: 11/22/2011)

Nov. 21, 2011 PACER
34

Motion to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order Jamie L. Crook)(Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011
36

PRO HAC VICE Filing fee received for Justin B. Cox re [ 28 Motion for Admission Pro Hac Vice: $ 50.00, receipt number 4602020640.(dmn, ) (Entered: 11/22/2011)

Nov. 21, 2011 PACER
37

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. Jimmy Stubbs served on 11/22/2011, answer due 12/13/2011. (Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011
34

Motion to Appear Pro Hac Vice by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Attachments: # 1 Text of Proposed Order Jamie L. Crook)(Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
39

MOTION to Change Venue by Julie Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fleming, Margaret) (Entered: 11/22/2011)

Nov. 22, 2011
37

SUMMONS Returned Executed by Fair Housing Center of Northern Alabama, Central Alabama Fair Housing Center, Center for Fair Housing, Inc., John Doe #2, John Doe #1. Jimmy Stubbs served on 11/22/2011, answer due 12/13/2011. (Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
40

MOTION in Limine Concerning Proposed Testimony of Legislators by Julie Magee. (Davis, James) (Entered: 11/22/2011)

Nov. 22, 2011
38

BRIEF/MEMORANDUM in Opposition re 14 BRIEF/MEMORANDUM in Support,, 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Julie Magee. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Fleming, Margaret) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
41

ORDER TO SHOW CAUSE by the plaintiffs as to why Magee's 39 Motion to Change Venue filed by Julie Magee should not be granted; Show Cause Response due by 7:00 a.m. on 11/23/2011. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (djy, ) (Entered: 11/22/2011)

Nov. 22, 2011
39

MOTION to Change Venue by Julie Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fleming, Margaret) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
42

ORDER TO SHOW CAUSE, in writing, by the plaintiffs as to why 40 Motion in Limine filed by Julie Magee should not be granted; Show Cause Response due by 7:00 a.m. on 11/23/2011. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (djy, ) (Entered: 11/22/2011)

Nov. 22, 2011
40

MOTION in Limine Concerning Proposed Testimony of Legislators by Julie Magee. (Davis, James) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
43

PRO HAC VICE Filing fee for Jamie L. Crook re 34 Motion: $ 50.00, receipt number 4602020643. (dmn, ) (Entered: 11/22/2011)

Nov. 22, 2011
41

ORDER TO SHOW CAUSE by the plaintiffs as to why Magee's 39 Motion to Change Venue filed by Julie Magee should not be granted; Show Cause Response due by 7:00 a.m. on 11/23/2011. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (djy, ) (Entered: 11/22/2011)

Nov. 22, 2011 RECAP
44

BRIEF/MEMORANDUM in Support Related to Proof of Disparate Impact Under the Fair Housing Act filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Brooke, Samuel) (Main Document 44 replaced on 11/28/2011 to correct the main PDF document to include the electronic signature of counsel) (qc/djy, ). (Entered: 11/22/2011)

Nov. 22, 2011
42

ORDER TO SHOW CAUSE, in writing, by the plaintiffs as to why 40 Motion in Limine filed by Julie Magee should not be granted; Show Cause Response due by 7:00 a.m. on 11/23/2011. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (djy, ) (Entered: 11/22/2011)

Nov. 22, 2011 RECAP
45

BRIEF/MEMORANDUM in Support Related to Proof of Intent Under the Fair Housing Act filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011
43

PRO HAC VICE Filing fee for Jamie L. Crook re 34 Motion: $ 50.00, receipt number 4602020643. (dmn, ) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
46

NOTICE by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction OF SUPPLEMENTAL EVIDENCE (Attachments: # 1 Ex 8 − Gonzalez Decl)(Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011
44

BRIEF/MEMORANDUM in Support Related to Proof of Disparate Impact Under the Fair Housing Act filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Brooke, Samuel) (Main Document 44 replaced on 11/28/2011 to correct the main PDF document to include the electronic signature of counsel) (qc/djy, ). (Entered: 11/22/2011)

Nov. 22, 2011 PACER
47

RESPONSE in Opposition re 39 MOTION to Change Venue filed by Central Alabama Fair Housing Center. (Tumlin, Karen) (Entered: 11/22/2011)

Nov. 22, 2011
48

RESPONSE in Opposition re 40 MOTION in Limine Concerning Proposed Testimony of Legislators filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Dane, Stephen) (Entered: 11/23/2011)

Nov. 23, 2011
45

BRIEF/MEMORANDUM in Support Related to Proof of Intent Under the Fair Housing Act filed by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2. (Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
49

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 11/23/2011 re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe #2, Fair Housing Center of Northern Alabama, John Doe #1, Central Alabama Fair Housing Center, Center for Fair Housing, Inc. (PDF available for court use only). (Court Reporter Risa Entrekin.) (Attachments: # 1 Witness List, # 2 Plaintiffs Exhibit List) Exhibits in binder with case file(ag, ) (Entered: 11/23/2011)

Nov. 23, 2011
46

NOTICE by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, John Doe #2 re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction OF SUPPLEMENTAL EVIDENCE (Attachments: # 1 Ex 8 - Gonzalez Decl)(Brooke, Samuel) (Entered: 11/22/2011)

Nov. 22, 2011 PACER

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 18, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two undocumented Mexican immigrants and three fair housing groups

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

LatinoJustice PRLDEF

National Immigration Law Center

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Supremacy Clause

Availably 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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Immigration status

National origin discrimination

National Origin/Ethnicity:

Hispanic