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
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Civil Cover Sheet
View on PACER
|
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
View on PACER
2 Exhibit B -- Armenta Paper
View on PACER
3 Exhibit C -- DCSO Policy 1-4.100
View on PACER
4 Exhibit D -- Sample I-247
View on PACER
5 Exhibit E -- JMS Log
View on PACER
6 Exhibit F -- ICE Interview Data Collection Sheet
View on PACER
7 Exhibit G -- DCSO 287(g) Review
View on PACER
8 Exhibit H -- Sample Removal Packet
View on PACER
9 Exhibit I -- Sample I-213
View on PACER
10 Exhibit J -- ICE Academy Workbook
View on PACER
11 Exhibit K -- Sample I-877
View on PACER
12 Exhibit L -- Sample Removal Forms
View on PACER
13 Exhibit M -- Metro Legal Opinion
View on PACER
14 Exhibit N -- Hall Depo Excerpt
View on PACER
15 Exhibit O -- DCSO Policy 1-3.142
View on PACER
16 Exhibit P -- Sec Comm Jurisdictions
View on PACER
17 Exhibit Q -- Sec Comm MOA Sample
View on PACER
18 Exhibit R -- NCLR Report on 287(g)
View on PACER
19 Exhibit S -- AP Story
View on PACER
20 Exhibit T -- MNPD Press Release
View on PACER
21 Exhibit U -- Gutierrez Plea Bargain Confirm
View on PACER
22 Exhibit V -- Taite Open Rec Response
View on PACER
23 Exhibit X -- Fox Supp Open Records Response
View on PACER
|
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
View on PACER
|
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
View on PACER
|
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
View on PACER
|
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
View on PACER
2 Attachment Arias unpublished opinion
View on PACER
3 Attachment Lakewood unpublished opinion
View on PACER
|
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
View on PACER
2 Attachment Brian A. unpublished opinion
View on PACER
3 Attachment Arias unpublished opinion
View on PACER
|
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
View on PACER
2 Exhibit Exhibit B -- Metro Memo of Law Supp Dismissal in State Court
View on PACER
3 Exhibit Exhibit C -- Metro Reply Supp Addition of ICE
View on PACER
|
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
View on PACER
2 Attachment Adler Unpublished
View on PACER
3 Attachment Charter Lakeside Unpublished
View on PACER
4 Attachment Mann Unpublished
View on PACER
5 Attachment Siemens Unpublished
View on PACER
|
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)
View on PACER
|
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
View on RECAP
2 Exhibit 1 to Third Amended Complaint -- Metro Charter Sections
View on PACER
3 Exhibit 2 to Third Amended Complaint -- Certified Copy of 2009 MOA
View on PACER
4 Exhibit 3 to Third Amended Complaint -- Certified Copy of Metro Council Resoluti
View on PACER
|
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
View on PACER
2 Exhibit 2 -- POST Commission Standards
View on PACER
3 Exhibit 3 -- ICE Interview Data Collection Sheet
View on PACER
|
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
View on PACER
2 Attachment Unpublished Vianix v. Nuance
View on PACER
3 Attachment Unpublished Barker v. TSA
View on PACER
|
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
View on PACER
|
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
View on PACER
|
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
View on PACER
2 Exhibit 2 - Certified Copy of 2009 MOA
View on PACER
3 Exhibit 3 - Certified Copy of Metro Council Resolution
View on PACER
|
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
View on PACER
2 Attachment Revell Unpublished
View on PACER
3 Attachment Aarti Unpublished
View on PACER
4 Attachment Hudson Unpublished
View on PACER
|
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
View on PACER
2 Attachment Unreported Case -- Feck v. Dia Sekou Mari-Juta
View on PACER
3 Attachment Unreported Case -- Shreeve v. Obama
View on PACER
4 Attachment Unreported Case -- Trollinger v. Tyson Foods
View on PACER
|
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
View on PACER
2 Exhibit B -- Gutierrez Domestic Assault Sentence
View on PACER
3 Exhibit C -- Renteria Agg Assault Dismissed
View on PACER
4 Exhibit D -- Sheriff Hall's 287(G) Request
View on PACER
|
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
View on PACER
2 Exhibit A -- Kidd Email Re I-213s
View on PACER
3 Exhibit B -- Taite Email Re English
View on PACER
4 Exhibit C -- Gutierrez Green Card
View on PACER
5 Exhibit D -- Landaverde Assessor Printout
View on PACER
6 Exhibit E -- Landaverde Assessor Title Chain & Deed Book
View on PACER
7 Exhibit F -- 2010 Prop Tax Statement
View on PACER
8 Exhibit G -- Elenilson I-213 (DCSO 287(g))
View on PACER
9 Exhibit H -- Gutierrez-Landaverde Master Calendar Hearing Notice
View on PACER
10 Exhibit I -- Nashville City Paper Story Re Gun
View on PACER
11 Exhibit J -- Gun in Jail Complaint
View on PACER
|
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
View on PACER
2 Attachment Nye v Bayer Cropscience
View on PACER
3 Attachment State v Baker
View on PACER
4 Attachment State v Bohanan
View on PACER
5 Attachment State v Hakoda
View on PACER
6 Attachment US v Medlin
View on PACER
7 Attachment Villegas v Metro
View on PACER
|
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
View on PACER
|
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
View on PACER
|
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
View on PACER
2 Exhibit B -- Plaintiffs List of Proposed Duties Used in 9-28 Meeting
View on PACER
3 Exhibit C -- Metro's List of Proposed Duties Used in 9-28 Meeting
View on PACER
4 Exhibit D -- Declaration of Trina Realmuto
View on PACER
5 Exhibit E -- Declaration of Thomas Fritzsche
View on PACER
|
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
View on PACER
|
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
|