Case: Daniel Renteria-Villegas v. Metropolitan Government of Nashville and Davidson County

3:11-cv-00218 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 7, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 7, 2011, a natural-born United States citizen of Latino ethnicity filed a lawsuit in the Chancery Court of Davidson County, Tennessee, under various state laws against the Davidson County Sheriff's Office (the "Sheriff"). The plaintiff, initially represented by private counsel, asked the court for declaratory and injunctive relief and damages, claiming that the Metropolitan Government of Nashville and Davidson County (the "Metro Government") had violated the Charter of Metropolitan N…

On January 7, 2011, a natural-born United States citizen of Latino ethnicity filed a lawsuit in the Chancery Court of Davidson County, Tennessee, under various state laws against the Davidson County Sheriff's Office (the "Sheriff"). The plaintiff, initially represented by private counsel, asked the court for declaratory and injunctive relief and damages, claiming that the Metropolitan Government of Nashville and Davidson County (the "Metro Government") had violated the Charter of Metropolitan Nashville and Davidson County (the "Metro Charter"); that his due process rights under the Tennessee Constitution were violated; that he was maliciously harassed due to his race and ethnicity; and that he was falsely imprisoned.

Plaintiff's principal claim was that the Metro Government had violated the Metro Charter by allowing the Sheriff to enter into a 287(g) agreement with the U.S. government, which permitted the Sheriff to perform federal immigration law enforcement functions, even though the Metro Charter conferred all law enforcement duties upon the Nashville Police Department, and even though a prior Tennessee Supreme Court decision, Metro Government v. Poe, held that the Metro Charter took from the Sheriff the responsibility for the preservation of the public peace and vested that duty in the Nashville Police Department. Plaintiff also brought several other claims, including a due process claim and a false imprisonment claim, which would subsequently be dismissed.

On February 28, 2011, the Chancery Court ordered that the United States was an indispensible party to the lawsuit, and granted plaintiff thirty days to amend his complaint. An amended complaint was filed, which added a second plaintiff, added the United States Immigration and Customs Enforcement ("ICE") as a defendant, and dropped all claims except for the violation of the Metro Charter. The case was subsequently removed to the United States District Court for the Middle District of Tennessee.

On June 21, 2011, the District Court (Judge Kevin H. Sharp) granted plaintiffs permission to again amend their complaint. Renteria-Villegas v. Metro. Gov.'t of Nashville & Davidson Cnty., 796 F. Supp. 2d 900 (M.D. Tenn. 2011). The court denied as moot the Defendants' Motions to Dismiss and the Plaintiffs' Motion for Preliminary Injunction. Plaintiffs amended their complaint to add another defendant and ICE subsequently moved to dismiss this latest iteration of the complaint.

On September 12, 2011, the District Court (Judge Sharp) granted in part and denied in part ICE's motion to dismiss, dismissing plaintiff's due process claim against it. Renteria-Villegas v. Metro. Gov.'t of Nashville & Davidson Cnty., No. 3:11-00218, 2011 WL 4048523 (M.D. Tenn. Sept. 12, 2011). The District Court refused to dismiss plaintiff's claim that the 287(g) agreement violated the Metro Charter, and instead chose to certify that question to the Tennessee Supreme Court for determination. The case was stayed pending the resolution of that question of law.

Over a year later, on October 19, 2012, the Tennessee Supreme Court concluded that the 287(g) agreement did not violate the Metro Charter or any other state law cited by the Plaintiffs. Renteria-Villegas v. Metro. Gov.'t of Nashville & Davidson Cnty., 382 S.W.3d 318 (Tenn. 2012). The Tennessee Supreme Court held that, "[w]hile the Charter makes the Police Chief the 'principal conservator of the peace,' it does not expressly prohibit the Sheriff from engaging in all activities that could conceivably be considered 'law enforcement.'"

Following the resolution of this question, in December of 2012, two of the three plaintiffs voluntarily dismissed all of their claims against all defendants. The remaining plaintiff dismissed his claims against ICE, but proceeded against Metro Government with constitutional claims under the Fourth, Fifth, and Fourteenth Amendments, and with a claim of false imprisonment.

In April of 2013, plaintiff's counsel filed a sealed motion asking the Court for leave to withdraw from representation of plaintiff. The District Court granted the motion for the reasons stated in the sealed motion. The Court allowed plaintiff thirty days to either find new counsel or notify the court that he intended to proceed pro se. Plaintiff did neither. The Court deemed the case abandoned, and dismissed it with prejudice.

Summary Authors

Dan Whitman (11/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4383359/parties/renteria-villegas-v-metropolitan-government-of-nashville-davidson-county/


Judge(s)

Brown, Joe B. (Tennessee)

Attorney for Plaintiff
Attorney for Defendant

Braunstein, Joshua E. (District of Columbia)

Curley, Matthew M (Tennessee)

Defoe, Craig Andrew (District of Columbia)

Fox, Lora Barkenbus (Tennessee)

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Documents in the Clearinghouse

Document

3:11-cv-00218

11-00032

Docket [PACER]

June 26, 2013

June 26, 2013

Docket
1-1

3:11-cv-00218

Verified Complaint for Declaratory and Injunctive Relief and Damages

Renteria-Villegas v. Hall

Jan. 7, 2011

Jan. 7, 2011

Complaint
43

3:11-cv-00218

Memorandum [Granting Plaintiff's Motion for Leave to Amend Complaint]

June 21, 2011

June 21, 2011

Order/Opinion

796 F.Supp.2d 796

78

3:11-cv-00218

Opinion [Denying Defendant's Motion to Dismiss]

Sept. 12, 2011

Sept. 12, 2011

Order/Opinion

2011 WL 2011

107-2

No. M2011-02423-SC-R23-CQ

Rule 23 Certified Question of Law from the United States District Court for the Middle District of Tennessee

Tennessee state supreme court

Oct. 19, 2012

Oct. 19, 2012

Order/Opinion

382 S.W.3d 382

121

3:11-cv-00218

Fourth Amended Complaint

Nov. 9, 2012

Nov. 9, 2012

Complaint
134

3:11-cv-00218

Order [Dismissing Case with Prejudice]

May 29, 2013

May 29, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383359/renteria-villegas-v-metropolitan-government-of-nashville-davidson-county/

Last updated Jan. 26, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by United States Immigration and Customs Enforcement from Chancery Court of Davidson County, Tennessee, case number 11-32-II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(eh) (Entered: 03/09/2011)

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 Civil Cover Sheet

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March 9, 2011

March 9, 2011

PACER
2

NOTICE of Initial Case Management Conference set for 5/9/2011 at 02:00 PM in Courtroom 783 before Magistrate Judge Joe Brown. (afs) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

PACER
3

MOTION for Preliminary Injunction by David Gutierrez and by Daniel Renteria-Villegas. (Attachments: # 1 Exhibit A -- MOA, # 2 Exhibit B -- Armenta Paper, # 3 Exhibit C -- DCSO Policy 1-4.100, # 4 Exhibit D -- Sample I-247, # 5 Exhibit E -- JMS Log, # 6 Exhibit F -- ICE Interview Data Collection Sheet, # 7 Exhibit G -- DCSO 287(g) Review, # 8 Exhibit H -- Sample Removal Packet, # 9 Exhibit I -- Sample I-213, # 10 Exhibit J -- ICE Academy Workbook, # 11 Exhibit K -- Sample I-877, # 12 Exhibit L -- Sample Removal Forms, # 13 Exhibit M -- Metro Legal Opinion, # 14 Exhibit N -- Hall Depo Excerpt, # 15 Exhibit O -- DCSO Policy 1-3.142, # 16 Exhibit P -- Sec Comm Jurisdictions, # 17 Exhibit Q -- Sec Comm MOA Sample, # 18 Exhibit R -- NCLR Report on 287(g), # 19 Exhibit S -- AP Story, # 20 Exhibit T -- MNPD Press Release, # 21 Exhibit U -- Gutierrez Plea Bargain Confirm, # 22 Exhibit V -- Taite Open Rec Response, # 23 Exhibit X -- Fox Supp Open Records Response)(Ozment, Harry) (Entered: 03/16/2011)

1 Exhibit A -- MOA

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2 Exhibit B -- Armenta Paper

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3 Exhibit C -- DCSO Policy 1-4.100

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4 Exhibit D -- Sample I-247

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5 Exhibit E -- JMS Log

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6 Exhibit F -- ICE Interview Data Collection Sheet

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7 Exhibit G -- DCSO 287(g) Review

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8 Exhibit H -- Sample Removal Packet

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9 Exhibit I -- Sample I-213

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10 Exhibit J -- ICE Academy Workbook

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11 Exhibit K -- Sample I-877

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12 Exhibit L -- Sample Removal Forms

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13 Exhibit M -- Metro Legal Opinion

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14 Exhibit N -- Hall Depo Excerpt

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15 Exhibit O -- DCSO Policy 1-3.142

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16 Exhibit P -- Sec Comm Jurisdictions

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17 Exhibit Q -- Sec Comm MOA Sample

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18 Exhibit R -- NCLR Report on 287(g)

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19 Exhibit S -- AP Story

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20 Exhibit T -- MNPD Press Release

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21 Exhibit U -- Gutierrez Plea Bargain Confirm

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22 Exhibit V -- Taite Open Rec Response

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23 Exhibit X -- Fox Supp Open Records Response

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March 16, 2011

March 16, 2011

PACER
4

MEMORANDUM in Support of 3 MOTION for Preliminary Injunction by David Gutierrez and filed by Daniel Renteria-Villegas. (Attachments: # 1 Attachment Appendix to Memo in Supp of Prelim Injunc)(Ozment, Harry) (Entered: 03/16/2011)

1 Attachment Appendix to Memo in Supp of Prelim Injunc

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March 16, 2011

March 16, 2011

PACER
5

NOTICE of Appearance by Keli J. Oliver on behalf of Metropolitan Government of Nashville & Davidson County (Oliver, Keli) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
6

MOTION for Extension of Time to File Answer or Responsive Pleading by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
7

NOTICE of Appearance by Elizabeth A. Sanders on behalf of Metropolitan Government of Nashville & Davidson County (Sanders, Elizabeth) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
8

ORDER granting 6 Motion for Extension of Time to File Pleading to April 15, 2011. (Brown, Joe) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER
9

NOTICE of Filing by Daniel Renteria-Villegas re 4 Memorandum in Support (Attachments: # 1 Attachment Appendix With Corrected Table of Contents)(Ozment, Harry) (Entered: 03/18/2011)

1 Attachment Appendix With Corrected Table of Contents

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March 18, 2011

March 18, 2011

PACER
10

MOTION to Dismiss by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
11

MEMORANDUM in Support of 10 MOTION to Dismiss filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1 - Feb. 8, 2011 Letter)(Defoe, Craig) (Entered: 03/21/2011)

1 Exhibit 1 - Feb. 8, 2011 Letter

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March 21, 2011

March 21, 2011

PACER
12

MOTION to Dismiss Second Amended Complaint by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
13

DECLARATION of Constance S. Taite filed by Metropolitan Government of Nashville & Davidson County re: 12 MOTION to Dismiss Second Amended Complaint. (Oliver, Keli) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
14

MEMORANDUM in Support of 12 MOTION to Dismiss Second Amended Complaint filed by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment Hudson unpublished opinion, # 2 Attachment Arias unpublished opinion, # 3 Attachment Lakewood unpublished opinion)(Oliver, Keli) (Entered: 03/29/2011)

1 Attachment Hudson unpublished opinion

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2 Attachment Arias unpublished opinion

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3 Attachment Lakewood unpublished opinion

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March 29, 2011

March 29, 2011

PACER
15

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction by David Gutierrez and filed by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment Cox unpublished opinion, # 2 Attachment Brian A. unpublished opinion, # 3 Attachment Arias unpublished opinion)(Oliver, Keli) (Entered: 03/29/2011)

1 Attachment Cox unpublished opinion

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2 Attachment Brian A. unpublished opinion

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3 Attachment Arias unpublished opinion

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March 29, 2011

March 29, 2011

PACER
16

DECLARATION of Constance S. Taite filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
17

DECLARATION of Sheriff Daron Hall filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
18

DECLARATION of Matt Morley filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
19

MOTION to Stay re 3 MOTION for Preliminary Injunction by David Gutierrez and by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
20

MEMORANDUM in Support of 19 MOTION to Stay re 3 MOTION for Preliminary Injunction by David Gutierrez and filed by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
21

RESPONSE in Opposition re 10 MOTION to Dismiss Defendant ICE filed by Daniel Renteria-Villegas. (Attachments: # 1 Exhibit Exhibit A -- Metro Motion to Dismiss in State Ct, # 2 Exhibit Exhibit B -- Metro Memo of Law Supp Dismissal in State Court, # 3 Exhibit Exhibit C -- Metro Reply Supp Addition of ICE)(Ozment, Harry) (Entered: 04/04/2011)

1 Exhibit Exhibit A -- Metro Motion to Dismiss in State Ct

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2 Exhibit Exhibit B -- Metro Memo of Law Supp Dismissal in State Court

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3 Exhibit Exhibit C -- Metro Reply Supp Addition of ICE

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April 4, 2011

April 4, 2011

PACER
22

MEMORANDUM in Support of 21 Response in Opposition to Motion, filed by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

RECAP
23

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment U.S. v. Arizona PI, # 2 Attachment Adler Unpublished, # 3 Attachment Charter Lakeside Unpublished, # 4 Attachment Mann Unpublished, # 5 Attachment Siemens Unpublished)(Oliver, Keli) (Entered: 04/05/2011)

1 Attachment U.S. v. Arizona PI

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2 Attachment Adler Unpublished

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3 Attachment Charter Lakeside Unpublished

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4 Attachment Mann Unpublished

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5 Attachment Siemens Unpublished

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April 5, 2011

April 5, 2011

PACER
24

RESPONSE to Motion re 19 MOTION to Stay re 3 MOTION for Preliminary Injunction by David Gutierrez and filed by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
25

MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss Second Amended Complaint by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
26

MOTION for Leave to File Reply Memorandum in Support of ICE's Motion to Dismiss by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
27

REPLY to Response to 10 MOTION to Dismiss, filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Attachment 1 - Case Law (TIG Insurance Company v. Merryland Childcare))(Wildasin, Mark) Modified text on 4/13/2011 (tmw). (Entered: 04/11/2011)

1 Attachment 1 - Case Law (TIG Insurance Company v. Merryland Childcare)

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April 11, 2011

April 11, 2011

PACER
28

ORDER granting 25 Motion for Extension of Time, to 4/19/2011, to File Response re 12 MOTION to Dismiss Second Amended Complaint. Signed by Senior Judge John T. Nixon on 4/13/11. (tmw) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
29

ORDER OF RECUSAL. Senior Judge John T. Nixon recused. Case reassigned to District Judge Aleta A. Trauger for all further proceedings. Signed by Senior Judge John T. Nixon on 4/19/11. (tmw) (Entered: 04/19/2011)

April 19, 2011

April 19, 2011

PACER
30

MOTION to Amend/Correct Complaint With [Proposed] Third Amended Complaint by Daniel Renteria-Villegas. (Attachments: # 1 Attachment Proposed Third Amended Complaint, # 2 Exhibit 1 to Third Amended Complaint -- Metro Charter Sections, # 3 Exhibit 2 to Third Amended Complaint -- Certified Copy of 2009 MOA, # 4 Exhibit 3 to Third Amended Complaint -- Certified Copy of Metro Council Resolution)(Ozment, Harry) (Entered: 04/19/2011)

1 Attachment Proposed Third Amended Complaint

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2 Exhibit 1 to Third Amended Complaint -- Metro Charter Sections

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3 Exhibit 2 to Third Amended Complaint -- Certified Copy of 2009 MOA

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4 Exhibit 3 to Third Amended Complaint -- Certified Copy of Metro Council Resoluti

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April 19, 2011

April 19, 2011

PACER
31

RESPONSE in Opposition re 12 MOTION to Dismiss Second Amended Complaint filed by Daniel Renteria-Villegas. (Attachments: # 1 Exhibit 1 -- 287(g) Training Materials, # 2 Exhibit 2 -- POST Commission Standards, # 3 Exhibit 3 -- ICE Interview Data Collection Sheet)(Ozment, Harry) (Entered: 04/19/2011)

1 Exhibit 1 -- 287(g) Training Materials

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2 Exhibit 2 -- POST Commission Standards

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3 Exhibit 3 -- ICE Interview Data Collection Sheet

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April 19, 2011

April 19, 2011

PACER
32

ORDER granting 26 Motion for Leave to File Reply Memorandum in Support of ICE's Motion to Dismiss. Signed by District Judge Aleta A. Trauger on 4/20/11. (tmw) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
33

ORDER: It is hereby ORDERED that the Motion to Stay filed by defendant United States Immigration and Customs Enforcement 19, to which defendant Metropolitan Government of Nashville and Davidson County has responded in support 24, and to which the plaintiffs have filed no response, is GRANTED. The defendants need not respond to the plaintiffs' Motion For Preliminary Injunction 3 until further order of the court. It is further ORDERED that the reference of this case for case management to the Magistrate Judge 2 is WITHDRAWN, and the initial case management conference scheduled for May 9, 2011 is CANCELLED. The court will defer ruling on the two pending Motions to Dismiss (Docket Nos. 10, 12 ) until the defendants respond to the plaintiffs' Motion For Leave to Amend Complaint 30, which responses should address whether the pending Motion to Dismiss will be moot, if the court allows the filing of a Third Amended Complaint. Signed by District Judge Aleta A. Trauger on 4/20/2011. (hb) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

PACER
34

RESPONSE in Opposition re 30 MOTION to Amend/Correct Complaint With [Proposed] Third Amended Complaint, filed by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment Unpublished Sapp v. Broadwing, # 2 Attachment Unpublished Vianix v. Nuance, # 3 Attachment Unpublished Barker v. TSA)(Oliver, Keli) Modified text on 5/5/2011 (tmw). (Entered: 05/03/2011)

1 Attachment Unpublished Sapp v. Broadwing

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2 Attachment Unpublished Vianix v. Nuance

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3 Attachment Unpublished Barker v. TSA

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May 3, 2011

May 3, 2011

PACER
35

RESPONSE to Motion re 30 MOTION to Amend/Correct Complaint With [Proposed] Third Amended Complaint, filed by United States Immigration and Customs Enforcement. (Wildasin, Mark) Modified text on 5/5/2011 (tmw). (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
36

MOTION for Leave to re 34 Response in Opposition to Motion, to File Reply by Daniel Renteria-Villegas. (Attachments: # 1 Attachment [Proposed] Reply to Metro Opp to Amend Complaint)(Ozment, Harry) (Entered: 05/05/2011)

1 Attachment [Proposed] Reply to Metro Opp to Amend Complaint

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May 5, 2011

May 5, 2011

PACER
37

MOTION for Leave to File Sur-Reply re 30 Motion for Leave to Amend Complaint, by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Exhibit Proposed Sur-Reply)(Sanders, Elizabeth) Modified text on 5/13/2011 (tmw). (Entered: 05/12/2011)

1 Exhibit Proposed Sur-Reply

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May 12, 2011

May 12, 2011

PACER
38

ORDER granting 36 Motion for Leave to File Reply. Signed by District Judge Aleta A. Trauger on 5/12/11. (tmw) (Entered: 05/13/2011)

May 12, 2011

May 12, 2011

PACER
39

REPLY to Response to Motion re 30 Motion for Leave to Amend Complaint, filed by Daniel Renteria-Villegas. (Ozment, Harry) Modified text on 5/13/2011 (tmw). (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

PACER
40

ORDER granting 37 Motion for Leave to File Sur-reply. Signed by District Judge Aleta A. Trauger on 5/16/11. (tmw) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
41

SUR-REPLY in Opposition to Pltfs' 30 Motion for Leave to Amend, filed by Metropolitan Government of Nashville & Davidson County. (tmw) (Entered: 05/17/2011)

May 16, 2011

May 16, 2011

PACER
42

ORDER REASSIGNING CASE. Case reassigned to District Judge Kevin H. Sharp for all further proceedings. District Judge Aleta A. Trauger no longer assigned to case. Signed by District Judge Aleta A. Trauger on 6/1/11. (tmw) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
43

MEMORANDUM. Signed by District Judge Kevin H. Sharp on 6/21/11. (tmw) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

RECAP
44

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby GRANTS Plaintiffs' Motion for Leave to Amend Complaint 30 . Plaintiffs' proposed Third Amended Complaint and the accompanying exhibits (Docket Nos. 30 -1 to 30 -4) are hereby filed as of record in this case. With that ruling, the Motions to Dismiss filed by Defendants United States Immigration and Customs Enforcement 10 and the Metropolitan Government of Nashville and Davidson County 12 are hereby DENIED AS MOOT. Plaintiffs' Motion for Preliminary Injunction 3 is also DENIED AS MOOT. Said denials are without prejudice to the parties filing similar motions in relation to the Third Amended Complaint, if appropriate. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 6/21/11. (tmw) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

RECAP
45

THIRD AMENDED COMPLAINT against Metropolitan Government of Nashville & Davidson County, United States Immigration and Customs Enforcement, filed by Daniel Renteria-Villegas, David Ernesto Gutierrez-Turcios, Rosa Landaverde. (Attachments: # 1 Exhibit 1 - Metro Charter Sections, # 2 Exhibit 2 - Certified Copy of 2009 MOA, # 3 Exhibit 3 - Certified Copy of Metro Council Resolution)(tmw) (Entered: 06/21/2011)

1 Exhibit 1 - Metro Charter Sections

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2 Exhibit 2 - Certified Copy of 2009 MOA

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3 Exhibit 3 - Certified Copy of Metro Council Resolution

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June 21, 2011

June 21, 2011

PACER
46

ORDER: This case is hereby referred to the Magistrate Judge for case management purposes pursuant to Local Rule 16.01. IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 6/23/11. (tmw) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
47

Consent MOTION for Extension of Time to File Answer re 45 Amended Complaint, Or Otherwise Respond, by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
48

ORDER granting 47 Motion for Extension of Time to Answer All Defendants. (Brown, Joe) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
49

NOTICE of Appearance by Derrick C. Smith on behalf of Metropolitan Government of Nashville & Davidson County (Smith, Derrick) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
50

MOTION to Amend Order for Certification for Interlocutory Appeal and for Stay Pending Appeal re 44 Order, by Metropolitan Government of Nashville & Davidson County. (Smith, Derrick) Modified text on 7/22/2011 (tmw). (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

RECAP
51

MEMORANDUM in Support of 50 MOTION to Amend Order for Certification for Interlocutory Appeal and for Stay Pending Appeal re 44 Order, filed by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment Treatise Section, # 2 Attachment Revell Unpublished, # 3 Attachment Aarti Unpublished, # 4 Attachment Hudson Unpublished)(Smith, Derrick) Modified text on 7/22/2011 (tmw). (Entered: 07/05/2011)

1 Attachment Treatise Section

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2 Attachment Revell Unpublished

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3 Attachment Aarti Unpublished

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4 Attachment Hudson Unpublished

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July 5, 2011

July 5, 2011

RECAP
52

RESPONSE in Opposition re 50 MOTION to Amend Order for Certification for Interlocutory Appeal and for Stay Pending Appeal re 44 Order, filed by Daniel Renteria-Villegas. (Attachments: # 1 Attachment Unreported Case -- Brown v. Matausak, # 2 Attachment Unreported Case -- Feck v. Dia Sekou Mari-Juta, # 3 Attachment Unreported Case -- Shreeve v. Obama, # 4 Attachment Unreported Case -- Trollinger v. Tyson Foods)(Ozment, Harry) Modified text on 7/22/2011 (tmw). (Entered: 07/14/2011)

1 Attachment Unreported Case -- Brown v. Matausak

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2 Attachment Unreported Case -- Feck v. Dia Sekou Mari-Juta

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3 Attachment Unreported Case -- Shreeve v. Obama

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4 Attachment Unreported Case -- Trollinger v. Tyson Foods

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July 14, 2011

July 14, 2011

PACER
53

ORDER: Accordingly, Metro's "Motion to Amend Order for Certification for Interlocutory Appeal and for Stay Pending Appeal" 50 is hereby DENIED. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/19/11. (tmw) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

RECAP
54

MOTION to Dismiss Third Amended Complaint by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
55

MEMORANDUM in Support of 54 MOTION to Dismiss Third Amended Complaint filed by United States Immigration and Customs Enforcement. (Wildasin, Mark) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
56

ANSWER to 45 Amended Complaint, by Metropolitan Government of Nashville & Davidson County.(Oliver, Keli) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

PACER
57

NOTICE of Hearing: Initial Case Management Conference set 8/23/2011 at 10:00 a.m. before Magistrate Judge Joe Brown, Courtroom 783. (af) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
58

RESPONSE in Opposition re 54 MOTION to Dismiss Third Amended Complaint by ICE filed by Daniel Renteria-Villegas. (Attachments: # 1 Exhibit A -- Deposition of Daren Hall, # 2 Exhibit B -- Gutierrez Domestic Assault Sentence, # 3 Exhibit C -- Renteria Agg Assault Dismissed, # 4 Exhibit D -- Sheriff Hall's 287(G) Request)(Ozment, Harry) (Entered: 08/08/2011)

1 Exhibit A -- Deposition of Daren Hall

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2 Exhibit B -- Gutierrez Domestic Assault Sentence

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3 Exhibit C -- Renteria Agg Assault Dismissed

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4 Exhibit D -- Sheriff Hall's 287(G) Request

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Aug. 8, 2011

Aug. 8, 2011

PACER
59

MEMORANDUM in Support of 58 Response in Opposition to Motion, filed by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
60

MOTION to Stay Discovery as to the Claims Against ICE by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
61

MEMORANDUM in Support of 60 MOTION to Stay Discovery as to the Claims Against ICE filed by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
62

MOTION for attorney(s) Dan Werner to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1134284) by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
63

MOTION for attorney(s) Tom Fritzsche to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1134290) by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
64

MOTION for attorney(s) Trina Realmuto to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1134293) by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
65

ORDER: Presently pending in this matter are three motions for admission of attorneys 62, 63, and 64 . These motions are all GRANTED and the Clerk will add these attorneys as counsel for the Plaintiffs. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 8/15/11. (tmw) (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

PACER
66

MOTION for Leave to File Reply Memorandum in Support of ICE's re 54 MOTION to Dismiss Third Amended Complaint by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
67

REPLY to Response to Motion re 54 MOTION to Dismiss Third Amended Complaint filed by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER
68

Joint MOTION to Continue Initial Case Management Conference by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
69

MOTION for Summary Judgment (Partial) by Daniel Renteria-Villegas. (Attachments: # 1 Attachment Plaintiff's Statement of Undisputed Facts, # 2 Exhibit A -- Kidd Email Re I-213s, # 3 Exhibit B -- Taite Email Re English, # 4 Exhibit C -- Gutierrez Green Card, # 5 Exhibit D -- Landaverde Assessor Printout, # 6 Exhibit E -- Landaverde Assessor Title Chain & Deed Book, # 7 Exhibit F -- 2010 Prop Tax Statement, # 8 Exhibit G -- Elenilson I-213 (DCSO 287(g)), # 9 Exhibit H -- Gutierrez-Landaverde Master Calendar Hearing Notice, # 10 Exhibit I -- Nashville City Paper Story Re Gun, # 11 Exhibit J -- Gun in Jail Complaint)(Ozment, Harry) (Entered: 08/19/2011)

1 Attachment Plaintiff's Statement of Undisputed Facts

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2 Exhibit A -- Kidd Email Re I-213s

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3 Exhibit B -- Taite Email Re English

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4 Exhibit C -- Gutierrez Green Card

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5 Exhibit D -- Landaverde Assessor Printout

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6 Exhibit E -- Landaverde Assessor Title Chain & Deed Book

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7 Exhibit F -- 2010 Prop Tax Statement

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8 Exhibit G -- Elenilson I-213 (DCSO 287(g))

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9 Exhibit H -- Gutierrez-Landaverde Master Calendar Hearing Notice

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10 Exhibit I -- Nashville City Paper Story Re Gun

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11 Exhibit J -- Gun in Jail Complaint

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Aug. 19, 2011

Aug. 19, 2011

PACER
70

MEMORANDUM in Support of 69 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by Daniel Renteria-Villegas. (Attachments: # 1 Attachment Bailey v County of Shelby, # 2 Attachment Nye v Bayer Cropscience, # 3 Attachment State v Baker, # 4 Attachment State v Bohanan, # 5 Attachment State v Hakoda, # 6 Attachment US v Medlin, # 7 Attachment Villegas v Metro)(Ozment, Harry) (Entered: 08/19/2011)

1 Attachment Bailey v County of Shelby

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2 Attachment Nye v Bayer Cropscience

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3 Attachment State v Baker

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4 Attachment State v Bohanan

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5 Attachment State v Hakoda

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6 Attachment US v Medlin

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7 Attachment Villegas v Metro

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Aug. 19, 2011

Aug. 19, 2011

PACER
71

ORDER granting 68 Joint MOTION to Stay Discovery and Reschedule the Initial Case Management Conference. The Magistrate Judge will promptly reschedule an initial case management conference upon either a decision by Judge Sharp on the pending motion to dismiss 54 or a motion pursuant to Rule 56(d) permitting discovery in response to an anticipated Plaintiffs' motion for partial summary judgment. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 8/22/11. (tmw) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
72

MOTION To Hold Plaintiffs' Motion for Partial Summary Judgment In Abeyance re 69 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
73

ORDER granting 66 Motion for Leave to File Reply Memorandum. Signed by District Judge Kevin H. Sharp on 8/30/11. (tmw) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER
74

RESPONSE in Opposition re 72 MOTION To Hold Plaintiffs' Motion for Partial Summary Judgment In Abeyance re 69 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION To Hold Plaintiffs' Motion for Partial Summary Judgment In Abeyance re 69 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER
75

MOTION for Discovery Open Case for Necessary Discovery for the Purpose of Presenting Facts to Respond to Plaintiff's Motion for Partial Summary Judgment by Metropolitan Government of Nashville & Davidson County. (Attachments: # 1 Attachment Affidavit of Derrick C. Smith)(Smith, Derrick) (Entered: 09/02/2011)

1 Attachment Affidavit of Derrick C. Smith

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Sept. 2, 2011

Sept. 2, 2011

PACER
76

MEMORANDUM in Support of 75 MOTION for Discovery Open Case for Necessary Discovery for the Purpose of Presenting Facts to Respond to Plaintiff's Motion for Partial Summary Judgment filed by Metropolitan Government of Nashville & Davidson County. (Smith, Derrick) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
77

Consent MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Discovery Open Case for Necessary Discovery for the Purpose of Presenting Facts to Respond to Plaintiff's Motion for Partial Summary Judgment, 69 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) by United States Immigration and Customs Enforcement. (Defoe, Craig) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
78

MEMORANDUM. An appropriate Order will be entered. Signed by District Judge Kevin H. Sharp on 9/12/11. (tmw) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

RECAP
79

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby enters the following rulings: (1) Defendant United States Immigration and Custom Enforcement's Motion to Dismiss Counts II and III 54 is hereby GRANTED IN PART and DENIED IN PART. The Motion to Dismiss Count II is DENIED AT THIS TIME, but the Motion to Dismiss Plaintiffs' due process claim as to Immigration and Custom Enforcement, as set forth in Count III, is hereby GRANTED; (2) Plaintiffs' Motion for Partial Summary Judgment Finding Defendants Liable Under Counts I and II 69 is hereby DENIED AT THIS TIME; (3) Defendant Metropolitan Government of Nashville and Davidson County's Motion to Hold Plaintiffs' Motion for Partial Summary Judgment in Abeyance 72 is hereby DENIED AS MOOT; (4) Defendant Metropolitan Government of Nashville and Davidson County's Motion to Open Case for Necessary Discovery 75 is hereby DENIED AS MOOT; and (5) The Court will certify to the Tennessee Supreme Court the question of whether the Memorandum of Agreement between Immigration and Customs Enforcement and the Metropolitan Government of Nashville and Davidson County violates the Nashville Metropolitan Charter. The parties are hereby ORDERED to meet in person and confer in a good faith effort to compose a short set of stipulated facts listing the specific immigration enforcement duties that Davidson County Sheriff's Office personnel perform under the Memorandum of Agreement. Upon certifying the question to the Tennessee Supreme Court, the Court will administratively stay this case until the Tennessee Supreme Court decides whether to answer the certified questions and/or renders an opinion on the certified question. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 9/12/11. (tmw) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

RECAP
80

ORDER: Judge Sharp has issued an order staying proceedings in this matter pending the results of a certification of a question to the Tennessee Supreme Court 79 . In view of this order, the United States' motion to stay discovery as to claims against ICE 60 is terminated as moot. Likewise, the consent motion for an extension of time to file responses to motions for discovery is terminated as moot. The parties are directed to immediately notify the Magistrate Judge of the action of the Tennessee Supreme Court so that a case management conference can be promptly scheduled, if needed. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 9/13/11. (tmw) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
81

MOTION For Extention of Time To Submit Stipulations To Be Presented To Tennessee Supreme Court by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
82

RESPONSE in Opposition re 81 MOTION For Extention of Time To Submit Stipulations To Be Presented To Tennessee Supreme Court filed by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
83

ORDER denying 81 Motion for Extension of Time to Submit Stipulations to be Presented to Tennessee Supreme Court. Signed by District Judge Kevin H. Sharp on 9/20/11. (tmw) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
84

JOINT STIPULATION re 79 Order, by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - MOA)(Defoe, Craig) Modified text on 10/25/2011 (tmw). (Entered: 10/03/2011)

1 Exhibit A - MOA

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Oct. 3, 2011

Oct. 3, 2011

PACER
85

MOTION To Modify And/Or Clarify September 12, 2011 Order re 79 Order, by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) Modified text on 10/25/2011 (tmw). (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
86

STIPULATION re 79 Order Proposed Stipulations by Metropolitan Government of Nashville & Davidson County. (Oliver, Keli) Modified text on 10/25/2011 (tmw). (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
87

STIPULATION of Duties Proposed by Plaintiffs by Daniel Renteria-Villegas. (Attachments: # 1 Exhibit A -- Plaintiffs Proposed List of Supplemental Duties, # 2 Exhibit B -- Plaintiffs List of Proposed Duties Used in 9-28 Meeting, # 3 Exhibit C -- Metro's List of Proposed Duties Used in 9-28 Meeting, # 4 Exhibit D -- Declaration of Trina Realmuto, # 5 Exhibit E -- Declaration of Thomas Fritzsche)(Ozment, Harry) (Entered: 10/03/2011)

1 Exhibit A -- Plaintiffs Proposed List of Supplemental Duties

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2 Exhibit B -- Plaintiffs List of Proposed Duties Used in 9-28 Meeting

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3 Exhibit C -- Metro's List of Proposed Duties Used in 9-28 Meeting

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4 Exhibit D -- Declaration of Trina Realmuto

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5 Exhibit E -- Declaration of Thomas Fritzsche

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Oct. 3, 2011

Oct. 3, 2011

PACER
88

ORDER: The Court will hold a HEARING on Metro's Motion to Modify and/or Clarify 85 on Friday, October 21, 2011, at 1:30 p.m. At the hearing, the parties shall be prepared to discuss not only that Motion, but also their proposed stipulations and their objections to their opponent's proposed stipulations. The Court intends to use the hearing to formalize and finalize a listing of the duties of the Sheriff's personnel as they pertain to the issue of the legality of the Agreement, and the Court expects the parties' full cooperation in that endeavor. As this Court pointed out in its last opinion, it is in the best interest of all of the parties to receive a definitive answer from the Tennessee Supreme Court on the central issue in this case. It is an opportunity that should not be squandered. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 10/11/11. (tmw) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
89

RESPONSE filed by United States Immigration and Customs Enforcement re 87 Stipulation, filed by Daniel Renteria-Villegas, 86 Stipulation, filed by Metropolitan Government of Nashville & Davidson County. (Defoe, Craig) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
90

OBJECTIONS to Plaintiff's Proposed Stipulations. (Oliver, Keli) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
91

STIPULATION re 84 Stipulation, Revised by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
92

ORDER: For the reasons explained at the hearing held on October 21, 2011, the Metropolitan Government's "Motion to Modify and/or Clarify September 11, 2011 Order" 85 is hereby DENIED. However, because there was an indication at the hearing that the parties may be able to enter into some additional stipulations regarding the duties performed by Sheriff's Department personnel under the 287(g) Agreement, and they have in fact filed at least one (1) additional stipulation, the Court will allow the parties seven (7) days from the date of entry of this Order within which to file any further stipulations. If no additional stipulations are filed within that time, the Court will enter an Order certifying this case to the Tennessee Supreme Court utilizing the "Joint Stipulation" 84 and subsequent amendment 91 that has been previously filed. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 10/25/11. (tmw) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
93

STIPULATION re 92 Order on Motion for Miscellaneous Relief,,, 91 Stipulation Revised and Amended by Daniel Renteria-Villegas. (Ozment, Harry) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
94

NOTICE of Appearance by R. Andrew Free on behalf of All Plaintiffs (Free, R.) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
95

ORDER CERTIFYING QUESTION. The Court hereby CERTIFIES to the Tennessee Supreme Court the aforementioned question of state law. In accordance with Tenn. Sup. Ct. R. 23, Sec. 4, the Clerk of this Court shall serve copies of this Certification Order upon all parties or their counsel of record. Additionally, the Clerk shall file this Certification Order and the copy of the MOA attached hereto as Exhibit A with the Clerk of the Tennessee Supreme Court, under seal of this Court, along with proof of service. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 11/9/11. (Attachments: # 1 Exhibit A - Memorandum of Agreement) (xc:Counsel of record via NEF; certified copy to Clerk of TN Supreme Court via cert mail) (tmw) (Entered: 11/09/2011)

1 Exhibit A - Memorandum of Agreement

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Nov. 9, 2011

Nov. 9, 2011

RECAP
96

ORDER: Contemporaneously herewith, the Court enters an Order certifying the controlling question in this case to the Tennessee Supreme Court. In accordance with this Court's September 12, 2011, Order 79, this case is hereby ADMINISTRATIVELY STAYED until the Tennessee Supreme Court decides whether to answer the certified questions and/or renders an opinion on the certified question. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 11/9/11. (tmw) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
97

CERTIFIED MAIL RECEIPT re 95 Order Certifying Question. (tmw) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
98

Certified Mail Return Receipt Card received this date as to DE #95 mailed to Tennessee Supreme Court Clerk's Office, signed for by S. Jackson with no date of delivery indicated. (tmw) (Entered: 11/16/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
99

Letter from Tennessee Supreme Court stating: A Certification Order pursuant to Rule 23 of the Supreme Court Rules was filed in the Supreme Court on November 15, 2011, and was assigned case no. M2011-02423-SC-R23-CQ. (tmw) (Entered: 11/17/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
100

NOTICE of Appearance by Matthew M. Curley on behalf of United States Immigration and Customs Enforcement (Curley, Matthew) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 7, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A natural-born United States citizen of Latino ethnicity

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Davidson County Sheriff's Office (Nashville, Davidson), County

United States Immigration and Customs Enforcement (Washington D.C.), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Conditional Dismissal

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Over/Unlawful Detention

Policing:

False arrest

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Discrimination-basis:

National origin discrimination

Language:

Spanish

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

National Origin/Ethnicity:

Hispanic