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

2:11-cv-00982

Docket

May 8, 2014

May 8, 2014

Docket
1

2:11-cv-00982

Complaint

Nov. 18, 2011

Nov. 18, 2011

Complaint
31

2:11-cv-00982

First Amended Complaint

Nov. 21, 2011

Nov. 21, 2011

Complaint
50

2:11-cv-00982

Order granting temporary restraining order

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

Nov. 23, 2011

Nov. 23, 2011

Order/Opinion
77

2:11-cv-00982

Order denying motion to dissolve temporary restraining order

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

Dec. 2, 2011

Dec. 2, 2011

Order/Opinion
83

2:11-cv-00982

Order granting extension of temporary restraining order

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

Dec. 7, 2011

Dec. 7, 2011

Order/Opinion
88

2:11-cv-00982

Preliminary Injunction

Central Alabama Fair Housing Center v. Julie Magee

Dec. 12, 2011

Dec. 12, 2011

Order/Opinion
88

2:11-cv-00982

Order granting preliminary injunction

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

Dec. 12, 2011

Dec. 12, 2011

Order/Opinion
131

2:11-cv-00982

Protective Order

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

March 5, 2012

March 5, 2012

Order/Opinion
154

2:11-cv-00982

COA remand order

May 17, 2013

May 17, 2013

Order/Opinion

Resources

Docket

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

Last updated May 31, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
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)

1 Exhibit 1

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Nov. 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

Nov. 18, 2011

PACER
3

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

Nov. 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

Nov. 18, 2011

PACER
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

Nov. 18, 2011

PACER
6

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

Nov. 18, 2011

Nov. 18, 2011

PACER
7

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

Nov. 18, 2011

Nov. 18, 2011

PACER
8

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

Nov. 18, 2011

Nov. 18, 2011

PACER
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)

1 Proposed Order

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Nov. 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)

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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Nov. 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

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)

1 Exhibit Index

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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Nov. 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)

1 Proposed Temporary Restraining Order

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2 Proposed Preliminary Injunction Order

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Nov. 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)

1 Exhibit Index

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2 Exhibit 1, Declaration of Jamie L. Crook

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3 Exhibit 2, Declaration of Samuel Brooke

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4 Exhibit 3, Declaration of John Doe #1

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5 Exhibit 4, Declaration of John Doe #2

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6 Exhibit 5, Declaration of Faith R. Cooper

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7 Exhibit 6, Declaration of Lila E. Hackett

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8 Exhibit 7, Declaration of Teresa F. Bettis

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Nov. 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)

Nov. 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)

1 Affidavit

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2 Certificate of Good Standing

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3 Proposed Order

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4 Pro Hac Vice Filing Fee Receipt

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Nov. 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)

1 Certificate of Good Standing

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2 Proposed Order

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3 Pro Hac Vice Filing Fee Receipt

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Nov. 18, 2011

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)

1 Certificate of Good Standing

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2 Proposed Order

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3 Pro Hac Vice Filing Fee Receipt

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Nov. 18, 2011

Nov. 18, 2011

PACER
18

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

Nov. 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)

1 Corrected pdf of Doc. [5]

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Nov. 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

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

Nov. 18, 2011

PACER
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

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, )

Nov. 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

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, )

Nov. 18, 2011

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

Nov. 21, 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

Nov. 21, 2011

RECAP
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

Nov. 21, 2011

RECAP
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)

1 Text of Proposed Order Proposed Order

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Nov. 21, 2011

Nov. 21, 2011

PACER
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)

1 Text of Proposed Order

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Nov. 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)

1 Corrected Certificate of Service

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Nov. 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, )

Nov. 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

Nov. 21, 2011

PACER
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)

1 Exhibit Act 2011-535 / HB 56

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Nov. 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

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)

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 Corrected Certificate of Service

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Nov. 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

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

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)

1 Text of Proposed Order Jamie L. Crook

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Nov. 22, 2011

Nov. 22, 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

Nov. 22, 2011

PACER
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)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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Nov. 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)

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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Nov. 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

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

Nov. 22, 2011

RECAP
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

Nov. 22, 2011

RECAP
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

Nov. 22, 2011

PACER
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

Nov. 22, 2011

PACER
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

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)

1 Ex 8 - Gonzalez Decl

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Nov. 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

Nov. 22, 2011

PACER
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

Nov. 23, 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

Nov. 23, 2011

PACER
50

OPINION AND ORDER that: (1) plaintiffs' 13 MOTION for a Temporary Restraining Order is granted; (2) Defendants Julie Magee and Jimmy Stubbs, and all those acting in concert with them, are hereby ENJOINED from requiring any person who attempts to pay the annual registration fee, required by 1975 Ala. Code § 40-12-255, to prove his or her U.S. citizenship or lawful immigration status; (3) Defendants Magee and Stubbs, and all those acting in concert with them, are ENJOINED from refusing to issue the manufactured home decal required by 1975 Ala. Code § 40-12-255 to any person because that person cannot prove his or her U.S. citizenship or lawful immigration status; (4) Defendant Magee is hereby ORDERED to immediately notify all county officials who are responsiblefor enforcing the manufactured home registration requirements of 1975 Ala. Code § 40-12-255 of this temporary restraining order; (5) This injunction shall expire on December 7, 2011, at 4:30 p.m. Signed by Honorable Judge Myron H. Thompson on 11/23/2011 at 4:30 p.m. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 11/23/2011)

1 Civil Appeals Checklist

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Nov. 23, 2011

Nov. 23, 2011

RECAP
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING REGARDING TEMPORARY RESTRAINING ORDER, Excerpt of Proceedings-Testimony of Kerry Galen Rich (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 11/23/2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Risa Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/14/2011. Redacted Transcript Deadline set for 12/27/2011. Release of Transcript Restriction set for 2/21/2012. (cc, ) (Entered: 11/28/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
53

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING REGARDING TEMPORARY RESTRAINING ORDER, Excerpt of Proceedings-Testimony of Scott Beason (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 11/23/2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Risa Entrekin, Telephone number 334-240-2405. (PDF ACCESS RESTRICTED FOR 90 DAYS) Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/14/2011. Redacted Transcript Deadline set for 12/27/2011. Release of Transcript Restriction set for 2/21/2012. (cc, ) (Entered: 11/28/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
54

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING REGARDING TEMPORARY RESTRAINING ORDER, Excerpt of Proceedings-Testimony of Micky Ray Hammon (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 11/23/2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Risa Entrekin, Telephone number 334-240-2405. (PDF ACCESS RESTRICTED FOR 90 DAYS) Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/14/2011. Redacted Transcript Deadline set for 12/27/2011. Release of Transcript Restriction set for 2/21/2012. (cc, ) (Entered: 11/28/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
51

Proposed Findings of Fact 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 Ex 1 - Hammon Trans, # 2 Ex 2 - Rich Trans, # 3 Ex 3 - Beason Trans, # 4 Text of Proposed Order)(Brooke, Samuel) Document has been edited to restrict access to personal information pursuant to the E-Government Act. (Additional attachment(s) added on 11/28/2011: # 5 Redacted Exhibit 1 - Hammon Transcript, # 6 Redacted Exhibit 2 - Rich Transcript, # 7 Redacted Exhibit 3 - Beason Transcript) (cc, ). (Entered: 11/25/2011)

4 Text of Proposed Order

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5 Redacted Exhibit 1 - Hammon Transcript

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6 Redacted Exhibit 2 - Rich Transcript

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7 Redacted Exhibit 3 - Beason Transcript

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Nov. 25, 2011

Nov. 25, 2011

PACER
55

NOTICE of Correction re 44 MEMORANDUM related to proof of disparate impact to correct the main PDF document to include the electronic signature of counsel (Attachments: # 1 corrected main document to Docket Entry 44 )(djy, ) (Entered: 11/28/2011)

1 corrected main document to Docket Entry [44]

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Nov. 28, 2011

Nov. 28, 2011

PACER
56

NOTICE by Julie Magee State Defendant's Notice of Compliance with Opinion and Order Dated November 23, 2011 (Doc. 50 ) (Attachments: # 1 Exhibit A)(Davis, James) [Modified on 11/29/2011 to create link to Doc. 50 .-DMN] (Entered: 11/28/2011)

1 Exhibit A

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Nov. 28, 2011

Nov. 28, 2011

PACER
57

NOTICE by Julie Magee State Defendant's Notice of Supplemental Evidence and Motion to Dissolve Temporary Restraining Order (Attachments: # 1 Exhibit A)(Davis, James) (Entered: 11/28/2011)

1 Exhibit A

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Nov. 28, 2011

Nov. 28, 2011

PACER
58

Motion for attorney Lee Gelernt 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. (Brooke, Samuel) [Modified on 11/29/2011 to include attorney's name requesting appearance.-DMN] (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
59

Motion for attorney Diana S. Sen 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) (Main Document replaced on 11/29/2011 to substitute a signed Motion for the unsigned version that was initially e-filed) (cc, ). (Additional attachment(s) added on 11/29/2011: # 2 Affidavit and Certificate of Good Standing) (cc, ). (Entered: 11/28/2011)

1 Text of Proposed Order

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2 Affidavit Certificate of Good Standing

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Nov. 28, 2011

Nov. 28, 2011

PACER
60

Motion for attorney John Foster S. Maer 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) (Main Document replaced on 11/29/2011 to substitute a signed Motion for the unsigned version that was initially e-filed) (cc, ). (Additional attachment(s) added on 11/29/2011: # 2 Affidavit and Certificate of Good Standing) (cc, ). (Entered: 11/28/2011)

1 Text of Proposed Order

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2 Affidavit Certificate of Good Standing

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Nov. 28, 2011

Nov. 28, 2011

PACER
61

ORDER that 27 Motion for Kristi L. Graunke to Appear Pro Hac Vice is granted. Signed by Honorable Judge Myron H. Thompson on 11/28/2011. (cc, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
62

ORDER that 28 Justin B. Cox to Appear Pro Hac Vice is granted. Signed by Honorable Judge Myron H. Thompson on 11/28/2011. (cc, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
63

ORDER that 34 Motion for Jamie L. Crook to appear in this case pro hac vice and 58 Motion for Lee Gelernt to appear in this case pro hac vice are granted. Signed by Honorable Judge Myron H. Thompson on 11/28/2011. (cc, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
64

Proposed Findings of Fact by Julie Magee. (Davis, James) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER

MOTION to Dissolve Temporary Restraining Order by Julie Magee. See 57 Notice for pdf for this entry. (cc, )

Nov. 28, 2011

Nov. 28, 2011

PACER
65

ORDER that, on or before 5:00 p.m. on November 29, 2011, the plaintiffs are to file a written response to the defendants' 57 motion to dissolve temporary restraining order. Signed by Honorable Judge Myron H. Thompson on 11/28/2011. (cc, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER

***Attorney Lee Gelernt, Diana S. Sen, Foster S. Maer added for Fair Housing Center of Northern Alabama pursuant to motions to appear pro hac vice (see Doc. Nos. 58, 59, and 60 for pdfs). (dmn, )

Nov. 28, 2011

Nov. 28, 2011

PACER
66

NOTICE of Correction: 59 and 60 Motions to Appear Pro Hac Vice were e-filed on 11/28/2011 with unsigned pdf's attached. The signed documents have been substituted on the docket sheet and are attached to this notice. Additionally the supporting Affidavits and Certificates of Good Standing were omitted at the time of e-filing and have since been added to the docket sheet. They are attached to this Notice as well (Attachments: # 1 Corrected 59 Motion, # 2 Affidavit Certificate of Good Standing for Diana S. Sen, # 3 Corrected 60 Motion, # 4 Affidavit Certificate of Good Standing for John Foster S. Maer)(cc, ) (Entered: 11/29/2011)

1 Corrected Motion

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2 Affidavit Certificate of Good Standing

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3 Corrected Motion

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4 Affidavit Certificate of Good Standing

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Nov. 29, 2011

Nov. 29, 2011

PACER
67

RESPONSE in Opposition to 57 Motion to Dissolve Temporary Restraining Order 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 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14)(Crook, Jamie) [Modified on 11/30/2011 to include actual title of document.-DMN] (Entered: 11/29/2011)

1 Exhibit 8

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2 Exhibit 9

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3 Exhibit 10

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4 Exhibit 11

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5 Exhibit 12

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6 Exhibit 13

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7 Exhibit 14

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Nov. 29, 2011

Nov. 29, 2011

PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Regarding Temporary Restraining Order Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on November 23, 2011, in Montgomery, AL before Judge Myron H. Thompson. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/20/2011. Redacted Transcript Deadline set for 12/30/2011. Release of Transcript Restriction set for 2/27/2012. (dmn, ) (Entered: 11/30/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
69

ORDER that the motions for admission pro hac vice (Doc. Nos. 59 and 60 ) are granted. Signed by Honorable Judge Myron H. Thompson on 11/30/2011. (dmn, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
70

Emergency MOTION and Incorporated Memorandum to Enforce Judgment (to Enforce TRO and to Stay Enforcement of Registration Deadline) 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 Ex 15 - Brooke 3d Supp Decl, # 2 Ex 16 - Tumlin Decl, # 3 Ex 17 - Singh Decl, # 4 Text of Proposed Order)(Brooke, Samuel) [Modified on 12/1/2011 to reflect that the memorandum is incorporated.-DMN] (Entered: 11/30/2011)

1 Ex 15 - Brooke 3d Supp Decl

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2 Ex 16 - Tumlin Decl

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3 Ex 17 - Singh Decl

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4 Text of Proposed Order

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Nov. 30, 2011

Nov. 30, 2011

PACER
71

ORDER directing as follows: (1) defendant Julie Magee is to file a response to the 70 Emergency MOTION to Enforce TRO and to Stay Enforcement of Registration Deadline by 11:00 a.m. on December 1, 2011; (2) the 70 Emergency MOTION to Enforce TRO and to Stay Enforcement of Registration Deadline is set for Hearing on 12/1/2011 @ 2:00 PM at the FMJ USCC, Montgomery, AL in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 11/30/11. Furnished to calendar group & AG.(djy, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
72

PRO HAC VICE Filing fees for DIANA S. SEN, LEE GELERNT, and JOHN FOSTER S. MAER received re 58, 59, and 60 Motions to Appear Pro Hac Vice: $ 150.00, receipt number 4602020712. (dmn, ) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
73

RESPONSE in Opposition State Defendant's Response to Plaintiffs' Emergency Motion to Enforce Temporary Restraining Order (Doc. 70 ), and Reply in Support of Notice of Supplemental Evidence and Motion to Dissolve Temporary Restraining Order (Doc. 57 ) by Julie Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, James) [Modified on 12/2/2011 to create actual hyperlink to Doc. 70 and 57 .-DMN] (Entered: 12/01/2011)

1 Exhibit 1

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2 Exhibit 2

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Dec. 1, 2011

Dec. 1, 2011

PACER
74

OPINION AND ORDER that defendant Julie Magee's 57 Motion to Dissolve the Temporary Restraining Order is denied as further set out in the opinion and order. Signed by Honorable Judge Myron H. Thompson on 12/1/2011. (dmn, ) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

RECAP
75

ORDER: Based upon the representations made in open court on 11/23/2011, it is ORDERED that plaintiffs' 9 Motion to Proceed Under Pseudonym is granted, subject to the conditions stated in court. Signed by Honorable Judge Myron H. Thompson on 12/1/2011. (dmn, ) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

RECAP

ORAL MOTION to Withdraw 70 Emergency MOTION to Enforce Judgment (to Enforce TRO and to Stay Enforcement of Registration Deadline) by Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama. (ag, )

Dec. 1, 2011

Dec. 1, 2011

PACER
77

ORDER: At the oral request of counsel for plaintiffs made on the record on 12/1/2011, it is ORDERED that plaintiff's 70 Emergency Motion to Enforce Temporary Restraining Order and to Stay Enforcement of Registration Deadline is withdrawn. Signed by Honorable Judge Myron H. Thompson on 12/2/2011. (dmn, ) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
78

MOTION for Leave to Appear Pro Hac Vice by Alvaro M. Huerta on behalf of All Plaintiffs 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 Cert of Good Standing, # 2 Text of Proposed Order)(Brooke, Samuel) (Additional attachment(s) added on 12/5/2011: # 3 Corrected Certificate of Service to Doc. 78 ) (dmn, ). (Attachment 1 replaced on 12/7/2011 due to wrong certificate was filed originally.-DMN] (Entered: 12/02/2011)

1 Cert of Good Standing

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2 Text of Proposed Order

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3 Corrected Certificate of Service to Doc. [78]

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Dec. 2, 2011

Dec. 2, 2011

PACER

***Attorney Alvaro Moises Huerta added for Center for Fair Housing, Inc., Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, John Doe #1, and John Doe #2 pursuant to Doc. 78 . (dmn, )

Dec. 2, 2011

Dec. 2, 2011

PACER
79

Evidentiary Submission State Defendant's Supplemental Evidence in Opposition to Plaintiffs' Motion for Preliminary Injunction (Doc. 13 ) filed by Julie Magee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Davis, James) [Modified on 12/5/2011 to create actual hyperlink to Doc. 13 .-DMN] (Entered: 12/05/2011)

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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Dec. 5, 2011

Dec. 5, 2011

PACER
80

BRIEF/MEMORANDUM in Opposition to Plaintiffs' Motion for Preliminary Injunction [Doc. 13] filed by Julie Magee. (Davis, James) [Modified on 12/5/2011 to create link to Doc. 13 .-DMN] (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
81

ORDER that the 78 Motion to Appear Pro Hac Vice is granted. Signed by Honorable Judge Myron H. Thompson on 12/6/2011.(dmn, ) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
82

SUPPLEMENTAL BRIEFING re 13 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction REGARDING WHETHER CLASS C FELONY PROVISIONS OF SECTION 30 SHOULD BE PRELIMINARILY ENJOINED 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 Ex 15 - Lopez Dec & DOJ-OIG Report)(Brooke, Samuel) [Modified on 12/7/2011 to reflect this is a "Supplemental" brief.-DMN] (Entered: 12/06/2011)

1 Ex 15 - Lopez Dec & DOJ-OIG Report

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Dec. 6, 2011

Dec. 6, 2011

PACER
83

OPINION AND ORDER that the temporary restraining order entered on 11/23/2011, (doc. no. 50 ), is extended to 12/12/2011, at 4:30 p.m., at which time it will expire. Signed by Honorable Judge Myron H. Thompson on 12/7/2011. (dmn, ) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

RECAP

Mail Returned as Undeliverable. 74 Opinion and Order mailed to Jimmy Stubbs returned by USPS with the following notation, "Not Deliverable as Addressed, Unable to Forward." Document re-mailed 12/7/2011 to correct address.(dmn, )

Dec. 7, 2011

Dec. 7, 2011

PACER
84

PRO HAC VICE Filing fee for Alvaro M. Huerta received re 78 Motion: $ 50.00, receipt number 4602020836.(dmn, ) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER

Mail Returned as Undeliverable. 75 Order and 77 Order mailed to Jimmy Stubbs returned by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Documents re-mailed to current address on docket. (dmn, )

Dec. 8, 2011

Dec. 8, 2011

PACER
85

MOTION to Dismiss by Julie Magee. (Davis, James) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER

Mail Returned as Undeliverable. 69 & 71 Orders and 74 & 83 Opinions and Orders sent to Jimmy Stubbs were returned with the following USPS notation, "Return To Sender, Not Deliverable As Addressed, Unable To Forward." (No pdf attached) (wcl, )

Dec. 9, 2011

Dec. 9, 2011

PACER
86

ORDER re 85 MOTION to Dismiss. Motion Submission Deadline set for 1/9/2012 without oral argument, with any opposition briefs due by 12/30/2011, and any reply to the opposition due by 1/9/2012. Signed by Honorable Judge Myron H. Thompson on 12/12/2011. (dmn, ) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
87

OPINION. Signed by Honorable Judge Myron H. Thompson on 12/12/2011. (dmn, ) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

RECAP
88

PRELIMINARY INJUNCTION: In accordance with the opinion issued today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs' 13 Motion for Preliminary Injunction is granted. (2) Defendants Julie Magee and Jimmy Stubbs, and all those acting in concert with them, are preliminarily ENJOINED as further set out in the order. (3) Defendants Magee and Stubbs, and all those acting in concert with them, are preliminarily ENJOINED as further set out in the order. (4) Defendant Magee is to notify immediately all county officials, who are responsible for enforcing the manufactured home registration requirements of 1975 Ala. Code § 40-12-255, of this preliminary injunction. (5) The court preliminarily DECLARES that it is not a criminal violation of § 30 of HB 56 for an individual who owns, maintains, or keeps a manufactured home to make or attempt to make a registration payment and obtain a registration decal without providing proof of U.S. citizenship or lawful immigration status. The plaintiffs are not required to post any security while this preliminary injunction remains in effect. 42 U.S.C. § 3613(b)(2). Signed by Honorable Judge Myron H. Thompson on 12/12/2011. (Attachments: # 1 Civil Appeals Checklist) (dmn, ) (Entered: 12/12/2011)

1 Civil Appeals Checklist

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Dec. 12, 2011

Dec. 12, 2011

RECAP
89

MOTION for Extension of Time to File Answer by Jimmy Stubbs. (Clements, Fred) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
90

Corporate/Conflict Disclosure Statement by Jimmy Stubbs. (Clements, Fred) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER

Case Details

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):

Supremacy Clause

Due Process

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:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Immigration status

National origin discrimination

National Origin/Ethnicity:

Hispanic