Case: Jane Doe #1 v. Rich Hobson

2:13-cv-00079 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 7, 2013

Closed Date: Oct. 14, 2019

Clearinghouse coding complete

Case Summary

On February 7, 2013, four immigrants born in Mexico with prior arrests for alleged violations of an Alabama state law prohibiting fishing without a license filed this class action lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs sued the Alabama Department of Homeland Security ("ADHS") and Alabama's Administrative Office of the Court ("AOC") under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, SPLC, NILC, and private counsel, challenged enforceme…

On February 7, 2013, four immigrants born in Mexico with prior arrests for alleged violations of an Alabama state law prohibiting fishing without a license filed this class action lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs sued the Alabama Department of Homeland Security ("ADHS") and Alabama's Administrative Office of the Court ("AOC") under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU, SPLC, NILC, and private counsel, challenged enforcement of HB 658 § 5, which required the AOC to compile the names and identifying information of undocumented immigrants who had been detained for any violation of state law and ADHS to post that information for the public on its website. They sought a declaratory judgment that the enforcement of HB 658 § 5 violated the Supremacy Clause of Article VI of the U.S. Constitution and the Due Process Clause of Amendment XIV of the U.S. Constitution and to enjoin the defendants from enforcing HB 658 § 5.

Specifically, the plaintiffs claimed that Section 5 of H.B. 658 Act No. 2012-491, which is codified as Ala. Code § 31-13-32, was preempted by federal law in violation of the Supremacy Clause, and also violated the Due Process Clause of the Fourteenth Amendment. Section 5 of HB 658 required the AOC to compile, and the ADHS post on its public website, the names and other identifying information of "unlawfully present alien[s]" who were detained for any violation of state law and who then appeared in a state court. The four plaintiffs feared that their prior arrests and scheduled appearance in court for fishing without a license would enable the defendants to publicize their names on this list that would result in various consequences such as the denial of bail, denial of employment opportunities, and a significant loss of privacy.

The proposed class certification was: "All persons who are or will be subject to Section 5 of HB 658, Ala. Code § 31-13-32".

On February 8, 2013, the case was reassigned from District Court Judge W. Harold Albritton, III to U.S. District Judge William Keith Watkins. The case was referred to Magistrate Judge Charles S. Coody.

On July 31, 2013, the defendants' motion to dismiss was granted by Judge Watkins. The court identified the following impediments to the plaintiffs’ standing: (1) the plaintiffs failed to allege that they were "unlawfully present aliens" subject to the consequences prescribed by Ala. Code § 31-13-32, the state law which they challenged as unconstitutional; and (2) the plaintiffs failed to allege that they were "unlawfully present aliens" at the crucial times identified by the law – i.e., when they were detained by law enforcement and when they appeared in court for a violation of state law. Without asserting they were unlawfully present aliens, the plaintiffs could not show that they faced the threat of imminent injury. The court afforded the plaintiffs leave to amend their complaint to cure these impediments to standing. The plaintiffs did not amend their complaint, but filed a motion requesting that the court reconsider and vacate its July 31, 2013 opinion and order.

On January 6, 2014, the motion for reconsideration was granted and the order of July 31, 2013 was vacated as the plaintiffs should not have been required to plead that they were in fact "unlawfully present aliens."

On May 4, 2014, Judge Watkins granted the defendants' motion to dismiss for lack of standing because the plaintiffs failed to allege that they were unlawfully present aliens. The plaintiffs requested reconsideration of that ruling. The court granted the plaintiffs' motion to reconsider, reinstated the previously pending motions, and directed the parties to submit supplemental briefing.

On May 20, 2014, Judge Watkins granted the plaintiffs' request to withhold their identities from the public but not from the defendants.

On July 3, 2014, Judge Watkins denied the class certification without prejudice with leave to refile on or before September 5, 2014.

The parties began mediation proceedings on September 11, 2014, and they eventually reached a private settlement agreement. Under the settlement, the AOC agreed not to forward information it collected under § 31-13-32 to other government agencies except the Alabama Law Enforcement Agency; in turn, the Agency promised not to publish the § 31-13-32 information it received from the AOC. On October 10, 2014, the judge dismissed the case but retained jurisdiction to enforce the settlement's terms.

The agreement was to be in effect for 5 years (from October 2014 until October 2019), and there has been no further activity on the docket since October 2014. Because the agreement expired in 2019, the case is presumably now closed.

Summary Authors

Tania Morris Diaz (10/16/2014)

Joanna Kuzdra (2/1/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4125836/parties/doe-1-v-hobson/


Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Graunke, Kristi L. (Georgia)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Marshall, Randall C (Florida)

Preciado, Nora (California)

Rubio, Sigfredo (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Cox, Justin Bryan (Georgia)

Graunke, Kristi L. (Georgia)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Marshall, Randall C (Florida)

Preciado, Nora (California)

Rubio, Sigfredo (Alabama)

Tumlin, Karen C. (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Davis, James William (Alabama)

Fleming, Margaret L. (Alabama)

Howell, Laura Elizabeth (Alabama)

Parker, William G. Jr. (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

Doe 1 v. Hobson

Oct. 14, 2014 Docket
1

Complaint

Feb. 7, 2013 Complaint
38

Vacated Memorandum and Order Granting Motion to Dismiss

July 31, 2013 Order/Opinion
43

Memorandum and Order Granting Reconsideration of Motion to Dismiss

Jan. 6, 2014 Order/Opinion
49

Memorandum and Order Regarding Defendants' Motion to Dismiss

May 2, 2014 Order/Opinion
52

Memorandum Opinion and Order in Regard to Pseudonym

May 20, 2014 Order/Opinion
59

Order Denying Class Certification

July 3, 2014 Order/Opinion
67-1

Settlement Agreement

Oct. 10, 2014 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4125836/doe-1-v-hobson/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Spencer Collier and Rich Hobson ( Filing fee $ 350.00 receipt number 4602025783.), filed by Jane Doe 1, Jane Doe 2, John Doe 1, and John Doe 2. (Attachments: # 1 Exhibit 1, # 2 Filing Fee Receipt)(scn, ) (Entered: 02/08/2013)

1 Exhibit 1

View on PACER

2 Filing Fee Receipt

View on PACER

Feb. 7, 2013 PACER
2

Plaintiffs' MOTION for Class Certification, by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (scn, ) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
3

BRIEF/MEMORANDUM in Support of 2 Plaintiffs' MOTION for Class Certification, filed by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 Exhibit 1 - Declaration Jane Doe 1, # 2 Exhibit 2 - Declaration Jane Doe 2, # 3 Exhibit 3 - Declaration of John Doe 1, # 4 Exhibit 4 - Declaration John Doe 2, # 5 Exhibit 5 - US Census Bureau Quickfacts, # 6 Exhibit 6 - Pew Center Report Excerpts, # 7 Exhibit 7 - AL Unified Jud System 2011 Report Excerpt, # 8 Exhibit 8 - Innis Jimenez Declaration, # 9 Exhibit 9 - Natl Immigration Law Center Report, # 10 Exhibit 10 - SPLC Report, # 11 Exhibit 11 - Joaquin Declaration, # 12 Exhibit 12 - Cox Declaration, # 13 Exhibit 13 - Brooke Declaration, # 14 Exhibit 14 - Preciado Declaration)(scn, ) (Entered: 02/08/2013)

1 Exhibit 1 - Declaration Jane Doe 1

View on PACER

2 Exhibit 2 - Declaration Jane Doe 2

View on PACER

3 Exhibit 3 - Declaration of John Doe 1

View on PACER

4 Exhibit 4 - Declaration John Doe 2

View on PACER

5 Exhibit 5 - US Census Bureau Quickfacts

View on PACER

6 Exhibit 6 - Pew Center Report Excerpts

View on PACER

7 Exhibit 7 - AL Unified Jud System 2011 Report Excerpt

View on PACER

8 Exhibit 8 - Innis Jimenez Declaration

View on PACER

9 Exhibit 9 - Natl Immigration Law Center Report

View on PACER

10 Exhibit 10 - SPLC Report

View on PACER

11 Exhibit 11 - Joaquin Declaration

View on PACER

12 Exhibit 12 - Cox Declaration

View on PACER

13 Exhibit 13 - Brooke Declaration

View on PACER

14 Exhibit 14 - Preciado Declaration

View on PACER

Feb. 7, 2013 PACER
4

Plaintiffs' MOTION for Leave to Proceed Under Pseudonyms, by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 Proposed Order

View on PACER

Feb. 7, 2013 PACER
5

BRIEF/MEMORANDUM in Support of 4 Plaintiffs' MOTION for Leave to Proceed Under pseudonyms, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Exhibit 1 - Declaration Jane Doe 1, # 2 Exhibit 2 - Declaration Jane Doe 2, # 3 Exhibit 3 - Declaration of John Doe 1, # 4 Exhibit 4 - Declaration John Doe 2, # 5 Exhibit 5 - July Oct 2012 Notices, # 6 Exhibit 6 - NILC Racial Profiling after HB 56, # 7 Exhibit 7 - SPLC Alabama's Shame, # 8 Exhibit 8 - Transcript This American Life, # 9 Exhibit 9 - Innis Jimenez Declaration, # 10 Exhibit 10 - Burkett Decatur Daily, # 11 Exhibit 11 - Order HICA v Bentley, # 12 Exhibit 12 - Order Loder v McKinney, # 13 Exhibit 13 - Order Cent Al v. Magee, # 14 Exhibit 14 - Johnson NY Times, # 15 Exhibit 15 - CNN, # 16 Exhibit 16 - Brooke Declaration)(scn, ) (Entered: 02/08/2013)

1 Exhibit 1 - Declaration Jane Doe 1

View on PACER

2 Exhibit 2 - Declaration Jane Doe 2

View on PACER

3 Exhibit 3 - Declaration of John Doe 1

View on PACER

4 Exhibit 4 - Declaration John Doe 2

View on PACER

5 Exhibit 5 - July Oct 2012 Notices

View on PACER

6 Exhibit 6 - NILC Racial Profiling after HB 56

View on PACER

7 Exhibit 7 - SPLC Alabama's Shame

View on PACER

8 Exhibit 8 - Transcript This American Life

View on PACER

9 Exhibit 9 - Innis Jimenez Declaration

View on PACER

10 Exhibit 10 - Burkett Decatur Daily

View on PACER

11 Exhibit 11 - Order HICA v Bentley

View on PACER

12 Exhibit 12 - Order Loder v McKinney

View on PACER

13 Exhibit 13 - Order Cent Al v. Magee

View on PACER

14 Exhibit 14 - Johnson NY Times

View on PACER

15 Exhibit 15 - CNN

View on PACER

16 Exhibit 16 - Brooke Declaration

View on PACER

Feb. 7, 2013 PACER
6

Motion for Kristi L. Graunke to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602025873.) by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order, # 3 PHV Filing Fee)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

3 PHV Filing Fee

View on PACER

Feb. 7, 2013 PACER
7

Motion for Justin B. Cox to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
8

Motion for Cecillia D. Wang to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
9

Motion for Omar C. Jadwat to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
10

Motion for Nora Preciado to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
11

Motion for Linton Joaquin to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
12

Motion for Karen C. Tumlin to Appear Pro Hac Vice by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Attachments: # 1 USDC Cert of Good Standing, # 2 Proposed Order)(scn, ) (Entered: 02/08/2013)

1 USDC Cert of Good Standing

View on PACER

2 Proposed Order

View on PACER

Feb. 7, 2013 PACER
13

Filing fee re 7, 8, and 9 Motions (Cox, Wang, Jadwad) for Admission PHV: $ 150.00, receipt number 4602025874 (scn, ) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
14

Filing fee re 10, 11, and 12 Motions (Preciado, Joaquin, Tumlin) for Admission PHV: $ 150.00, receipt number 4602025875 (scn, ) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
15

Corporate/Conflict Disclosure Statements by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (scn, ) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
16

Summons Issued as to Spencer Collier and Rich Hobson; returned to Counsel for personal service. (scn, ) (Entered: 02/08/2013)

Feb. 7, 2013 PACER
17

Case Reassigned to Chief Judge William Keith Watkins. Honorable Judge W. Harold Albritton, III no longer assigned to the case. (scn, ) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
18

AFFIDAVIT of Service for Complaint; Motion for Class Certification with supporting documents; Motion to Proceed Under Pseudonyms with supporting documents; Motions for Admission Pro Hac Vice for Cecilia D. Wang, Omar C. Jadwat, Justin B. Cox, Kristi L. Graunke, Linton Joaquin, Karen C. Tumlin, and Nora Preciado; and Conflict Disclosure Statements for Plaintiffs Jane Doe #1, Jane Doe #2, John Doe #1, and John Doe #2 served on Scott Hoyem, on behalf of DEFENDANT RICH HOBSON on 02/07/2013, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Brooke, Samuel) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
19

AFFIDAVIT of Service for Complaint; Motion for Class Certification with supporting documents; Motion to Proceed Under Pseudonyms with supporting documents; Motions for Admission Pro Hac Vice for Cecilia D. Wang, Omar C. Jadwat, Justin B. Cox, Kristi L. Graunke, Linton Joaquin, Karen C. Tumlin, and Nora Preciado; and Conflict Disclosure Statements for Plaintiffs Jane Doe #1, Jane Doe #2, John Doe #1, and John Doe #2 served on Shirrell Roberts, on behalf of DEFENDANT SPENCER COLLIER on 02/07/2013, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Brooke, Samuel) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
20

MOTION to Dismiss (State Defendant's Motion to Dismiss or in the Alternative for Summary Judgment) by Spencer Collier, Rich Hobson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Davis, James) (Entered: 02/26/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Feb. 26, 2013 PACER
21

ORDER granting 6, 7, 8, 9, 10, 11, and 12 Motions for Leave to Appear Pro Hac Vice, as further set out. Signed by Chief Judge William Keith Watkins on 2/26/13. (scn, ) (Entered: 02/26/2013)

Feb. 26, 2013 PACER
22

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Spencer Collier, Rich Hobson (Howell, Laura) (Entered: 02/27/2013)

Feb. 27, 2013 PACER
23

BRIEFING ORDER directing that, upon consideration of State Defendants' 20 Motion to Dismiss or in the Alternative for Summary Judgment, it is ORDERED that the motion be submitted without oral argument on March 28, 2013; further ORDERED that the plaintiffs file a response, which shall include a brief, on or before March 21, 2013; the defendants may file a reply brief on or before March 28, 2013, as further set out. Signed by Chief Judge William Keith Watkins on 2/28/13. (scn, ) (Entered: 02/28/2013)

Feb. 28, 2013 PACER
24

GENERAL BRIEFING ORDER. Signed by Chief Judge William Keith Watkins on 2/28/13. (scn, ) (Entered: 02/28/2013)

Feb. 28, 2013 PACER
25

ORDER directing that, upon consideration of the Doe Plaintiffs' 4 Motion for Leave to Proceed Under Pseudonyms, Defendants are ORDERED to file a response indicating whether they oppose the motion on or before March 8, 2013; if Defendants file an opposition, Plaintiffs may reply on or before March 15, 2013. Signed by Chief Judge William Keith Watkins on 3/4/13. (scn, ) (Entered: 03/04/2013)

March 4, 2013 PACER
26

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Rich Hobson and Spencer Collier. Corporate Disclosures due by 3/15/2013. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 03/05/2013)

1 Standing ORDER and sample format

View on PACER

March 5, 2013 PACER
27

Corporate/Conflict Disclosure Statement by Spencer Collier re 26 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Howell, Laura) (Entered: 03/06/2013)

March 6, 2013 PACER
28

Corporate/Conflict Disclosure Statement by Rich Hobson re 26 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Howell, Laura) (Entered: 03/06/2013)

March 6, 2013 PACER
29

RESPONSE to Motion re 4 MOTION for Leave to Proceed Under Pseudonyms filed by Spencer Collier, Rich Hobson. (Davis, James) Modified on 3/11/2013 to clarify the docket text (wcl, ). (Entered: 03/08/2013)

March 8, 2013 PACER

***Attorney Margaret Lindsey Fleming and William G. Parker, Jr for Spencer Collier and Rich Hobson added pursuant to 29 Response. (No pdf attached to this entry) (wcl, )

March 8, 2013 PACER
30

REPLY to Response to Motion re 4 MOTION to Proceed Under Pseudonyms filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Brooke, Samuel) (Entered: 03/15/2013)

March 15, 2013 PACER
31

RESPONSE in Opposition re 20 MOTION to Dismiss (State Defendant's Motion to Dismiss or in the Alternative for Summary Judgment) filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Ex. 1 (Second Decl. of Jane Doe 1), # 2 Ex. 2 (Second Decl. of Jane Doe 2, # 3 Ex. 3 (Second Dec. of John Doe 1), # 4 Ex. 4 (Second Dec. of John Doe 2), # 5 Ex. 5 (2Q 2012 ADHS notice re Section 5), # 6 Ex. 6 (3Q 2012 ADHS notice re Section 5), # 7 Ex. 7 (AOC emails and form), # 8 Ex. 8 (Kim Chandler, Alabama Immigration Laws Scarlet Letter List So Far Has No Names, Birmingham News (Oct. 3, 2012)), # 9 Ex. 9 (Gov. Bentley press release), # 10 Ex. 10 (Phillip Rawls, Alabama Governor Wants Immigration Law Revision, Assoc. Press (May 17, 2012)), # 11 Ex. 11 (Cox Rule 56(d) Decl.))(Cox, Justin) (Entered: 03/21/2013)

1 Ex. 1 (Second Decl. of Jane Doe 1)

View on PACER

2 Ex. 2 (Second Decl. of Jane Doe 2

View on PACER

3 Ex. 3 (Second Dec. of John Doe 1)

View on PACER

4 Ex. 4 (Second Dec. of John Doe 2)

View on PACER

5 Ex. 5 (2Q 2012 ADHS notice re Section 5)

View on PACER

6 Ex. 6 (3Q 2012 ADHS notice re Section 5)

View on PACER

7 Ex. 7 (AOC emails and form)

View on PACER

8 Ex. 8 (Kim Chandler, Alabama Immigration Laws Scarlet Letter List So Far Has No

View on PACER

9 Ex. 9 (Gov. Bentley press release)

View on PACER

10 Ex. 10 (Phillip Rawls, Alabama Governor Wants Immigration Law Revision, Assoc.

View on PACER

11 Ex. 11 (Cox Rule 56(d) Decl.)

View on PACER

March 21, 2013 RECAP
32

MOTION In the Alternative, for Relief Under Rule 56(d) by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Cox, Justin) (Entered: 03/21/2013)

March 21, 2013 RECAP
33

RESPONSE in Support re 20 MOTION to Dismiss (State Defendant's Motion to Dismiss or in the Alternative for Summary Judgment) filed by Spencer Collier, Rich Hobson. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Davis, James) (Entered: 03/28/2013)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

March 28, 2013 PACER
34

MOTION for Leave to File Surreply by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Exhibit 1)(Graunke, Kristi) (Entered: 04/04/2013)

1 Exhibit 1

View on PACER

April 4, 2013 PACER

BRIEF/MEMORANDUM in Support re 34 MOTION for Leave to File Surreply filed by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (No PDF document attached to this entry; see 34 Motion.)(scn, )

April 4, 2013 PACER
35

ORDER directing that the Plaintiffs' 34 motion for leave to file a surreply is GRANTED, as further set out. Signed by Chief Judge William Keith Watkins on 4/19/13. (scn, ) (Entered: 04/19/2013)

April 19, 2013 PACER
36

Plaintiff's Surreply (BRIEF in Opposition) re 20 MOTION to Dismiss and 33 Response in Support of 20 Motion, filed by Jane Doe 1, John Doe 1, Jane Doe 2, and John Doe 2. (Brooke, Samuel) Modified on 4/22/2013 to clean up docket text (scn, ). (Entered: 04/19/2013)

April 19, 2013 PACER
37

NOTICE of Change of Address by Justin B. Cox (Cox, Justin) (Entered: 06/04/2013)

June 4, 2013 PACER
38

(VACATED PURSUANT TO 43 ORDER DATED 01/06/2014) MEMORANDUM OPINION AND ORDERas follows: (1) The 20 Motion to Dismiss is GRANTED; and (2) The other pending motions (Docs. # 2, 4, 32 ) are DENIED as moot; If the Does can amend their complaint to cure the standing problems identified in this opinion, they may do so on or before 8/14/2013, at which time the parties may renew any other motions that remain relevant, as further set out in order. Signed by Chief Judge William Keith Watkins on 7/31/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) Modified on 1/6/2014 (scn, ). (Entered: 07/31/2013)

1 Civil Appeals Checklist

View on PACER

July 31, 2013 RECAP
39

MOTION for Reconsideration re 38 Memorandum Opinion and Order, by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Memorandum of Law)(Cox, Justin) Modified on 8/15/2013 to clean up docket text (scn, ). (Entered: 08/14/2013)

1 Memorandum of Law

View on PACER

Aug. 14, 2013 PACER

BRIEF/MEMORANDUM in Support re 39 MOTION for Reconsideration re 38 Memorandum Opinion and Order, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (NO PDF DOCUMENT ATTACHED TO THIS ENTRY; see 39 Motion.)(scn, )

Aug. 14, 2013 PACER
40

ORDER directing that Defendant file a response to the 39 motion on or before August 29, 2013; Plaintiffs may file a reply within seven days after the date the response is filed. Signed by Chief Judge William Keith Watkins on 8/19/13. (scn, ) (Entered: 08/19/2013)

Aug. 19, 2013 PACER
41

RESPONSE in Opposition re 39 MOTION for Reconsideration re 38 Memorandum Opinion and Order, Terminate Motions, Set Deadlines,,,,,, filed by Spencer Collier, Rich Hobson. (Davis, James) (Entered: 08/29/2013)

Aug. 29, 2013 PACER
42

REPLY to Response to Motion re 39 MOTION for Reconsideration re 38 Memorandum Opinion and Order, Terminate Motions, Set Deadlines,,,,,, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Cox, Justin) (Entered: 09/05/2013)

Sept. 5, 2013 PACER
43

MEMORANDUM OPINION AND ORDER directing that: (1) Plaintiffs' motion for reconsideration (Doc. # 39 ) is GRANTED; (2) The Memorandum Opinion and Order entered July 31, 2013 (Doc. # 38 ) is VACATED; (3) Plaintiffs' motion for class certification (Doc. # 2 ), motion to proceed under pseudonyms (Doc. # 4 ), and motion for relief under Federal Rule of Civil Procedure 56(d) (Doc. # 32 ), and Defendants' motion to dismiss, or alternatively, for summary judgment (Doc. # 20 ), are REINSTATED as pending motions; (4) On or before January 20, 2014, the parties may supplement their briefing concerning Defendants' motion to dismiss and alternative motion for summary judgment (Doc. # 20 ) and Plaintiffs' Rule 56(d) motion for discovery (Doc. # 32 ). Signed by Chief Judge William Keith Watkins on 1/6/14. (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Entered: 01/06/2014)

1 Civil Appeals Checklist

View on PACER

Jan. 6, 2014 RECAP
44

NOTICE of Appearance by Randall C Marshall on behalf of All Plaintiffs (Marshall, Randall) (Entered: 01/07/2014)

Jan. 7, 2014 PACER
45

MOTION for Extension of Deadline Supplementary Briefing by Spencer Collier, Rich Hobson. (Davis, James) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
46

ORDER granting 45 Motion to extend briefing deadline and that the parties supplemental briefing is due on or before 1/21/14. Signed by Chief Judge William Keith Watkins on 1/17/14. (djy, ) (Entered: 01/17/2014)

Jan. 17, 2014 PACER
47

Supplemental BRIEF/MEMORANDUM in Support of 20 MOTION to Dismiss re 43 Order, filed by Spencer Collier and Rich Hobson. (Attachments: # 1 Affidavit Second Supplemental Affidavit of Spencer Collier, # 2 Exhibit Order in HICA v Bentley, # 3 Exhibit Order in US v Bentley)(Davis, James) Modified on 1/22/2014 to clean up docket text (scn, ). (Entered: 01/21/2014)

1 Affidavit Second Supplemental Affidavit of Spencer Collier

View on PACER

2 Exhibit Order in HICA v Bentley

View on PACER

3 Exhibit Order in US v Bentley

View on PACER

Jan. 21, 2014 PACER
48

Supplemental BRIEF/MEMORANDUM in Opposition of 20 MOTION to Dismiss re 43 Order, filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Exhibit Second Cox Decl. and Exs. A & B)(Cox, Justin) Modified on 1/22/2014 to clean up docket text (scn, ). (Entered: 01/21/2014)

1 Exhibit Second Cox Decl. and Exs. A & B

View on PACER

Jan. 21, 2014 RECAP

Supplemental BRIEF/MEMORANDUM in Support of 32 MOTION for Relief re 43 Order, filed by Jane Doe 1, John Doe 1, Jane Doe 2, ad John Doe 2. ( No PDF document attached to this entry; see 48 Supplemental Brief in Opposition.)(scn, )

Jan. 21, 2014 PACER
49

MEMORANDUM OPINION AND ORDER directing that: (1) Defendants' motion to dismiss, or in the alternative, motion for summary judgment (Doc. # 20 ) is DENIED; (2) Plaintiffs' motion for relief pursuant to Rule 56(d) (Doc. # 32 ) is DENIED as moot. Signed by Chief Judge William Keith Watkins on 5/2/14. (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Entered: 05/02/2014)

1 Civil Appeals Checklist

View on PACER

May 2, 2014 RECAP
50

RULE 26(f) ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than May 23, 2014, as further set out. Signed by Chief Judge William Keith Watkins on 5/2/14. (scn, ) (Entered: 05/02/2014)

May 2, 2014 PACER
51

NOTICE of Change of Address by Kristi L. Graunke (Graunke, Kristi) (Entered: 05/16/2014)

May 16, 2014 PACER
52

MEMORANDUM OPINION AND ORDER directing that Plaintiffs' motion for leave to proceed under pseudonyms (Doc. # 4 ) is GRANTED to the extent that Plaintiffs may withhold their true identities from the public and proceed as Jane Doe #1, etc.; Plaintiffs' motion is DENIED, however, to the extent that Plaintiffs seek to withhold their identities from Defendants; further ORDERED the parties should confer, and if possible, file a joint motion for protective order that satisfies Plaintiffs' concerns for confidentiality. Signed by Chief Judge William Keith Watkins on 5/20/14. (scn, ) (Entered: 05/20/2014)

May 20, 2014 RECAP
53

REPORT of Rule 26(f) Planning Meeting. (Graunke, Kristi) (Entered: 05/23/2014)

May 23, 2014 PACER
54

UNIFORM SCHEDULING ORDER setting: Final Pretrial Conference for 04/08/2015 in the Frank M. Johnson, Jr. U. S. Courthouse, One Church Street, Montgomery, Alabama; Non-Jury Trial for term of court commencing 05/18/2015 in Montgomery, Alabama; Amended Pleadings due by 08/15/2014; Discovery due by 12/05/2014; Dispositive Motions due by 01/08/2015; Mediation Notice due by 02/03/2015; as further set out. Signed by Chief Judge William Keith Watkins on 5/27/14. (Furnished to Calendar/AR)(scn, ) (Entered: 05/27/2014)

May 27, 2014 PACER
55

ORDER directing that on or before June 30, 2014, the Parties shall file a report informing the court in general terms about the progress of their settlement discussions. Signed by Chief Judge William Keith Watkins on 5/28/14. (scn, ) (Entered: 05/28/2014)

May 28, 2014 PACER
56

ANSWER to 1 Complaint by Spencer Collier, Rich Hobson.(Howell, Laura) (Entered: 06/03/2014)

June 3, 2014 PACER
57

First Amended ANSWER to Complaint by Spencer Collier, Rich Hobson.(Howell, Laura) (Entered: 06/04/2014)

June 4, 2014 PACER
58

STATUS REPORT Re: Settlement Discussions by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Rich Hobson, and Spencer Collier. (Cox, Justin) Modified on 7/1/2014 to add defendants as joint filers pursuant to PDF document (scn, ). (Entered: 06/30/2014)

June 30, 2014 PACER
59

ORDER directing that the pending 2 motion for class certification is DENIED without prejudice and with leave to refile, on or before September 5, 2014, pursuant to the agreement in the Rule 26(f) Report. Signed by Chief Judge William Keith Watkins on 7/3/14. (scn, ) (Entered: 07/03/2014)

July 3, 2014 PACER
60

STATUS REPORT Re: Settlement Discussions by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Cox, Justin) (Entered: 07/30/2014)

July 30, 2014 PACER
61

Joint MOTION for Protective Order by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Text of Proposed Order - Proposed Protective Order)(Cox, Justin) (Entered: 08/01/2014)

1 Text of Proposed Order - Proposed Protective Order

View on PACER

Aug. 1, 2014 PACER
62

ORDER directing that the joint motion for a protective order (doc. # 61 ) be and is hereby GRANTED, as further set out. Signed by Honorable Judge Charles S. Coody on 8/5/14. (scn, ) (Entered: 08/05/2014)

Aug. 5, 2014 PACER
63

ORDER directing as follows: (1) Before 5:00 p.m., August 20, 2014, counsel for the parties are DIRECTED jointly to call the chambers of Magistrate Judge Charles S. Coody to schedule a time for mediation. Counsel for Plaintiff is DIRECTED to set up the call; (2) The mediation is to take place on or before September 26, 2014, and after the mediation, the parties are DIRECTED to notify the court telephonically as to the result of the mediation. Signed by Chief Judge William Keith Watkins on 8/20/14. (scn, ) (Entered: 08/20/2014)

Aug. 20, 2014 PACER
64

Joint MOTION for Extension of Deadline re 54 Scheduling Order, 59 Order on Motion to Certify Class, by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Brooke, Samuel) (Entered: 08/20/2014)

Aug. 20, 2014 PACER
65

ORDER directing that, upon consideration of the parties' joint motion to extend deadlines (Doc. # 64 ), it is ORDERED that the motion is GRANTED to the extent that, while the case is pending in settlement negotiations before the Magistrate Judge, the parties are relieved of their obligation to comply with any scheduling order deadlines, as further set out. Signed by Chief Judge William Keith Watkins on 8/21/14. (scn, ) (Entered: 08/21/2014)

Aug. 21, 2014 PACER
66

ORDER directing that this matter be and is hereby set for a mediation conference on September 11, 2014, at 10:00 a.m. in Courtroom 4B, United States Courthouse, One Church Street, Montgomery, Alabama; further ORDERED that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference, as further set out. Signed by Honorable Judge Charles S. Coody on 8/27/14. (Furnished to Calendar/WS) (scn, ) (Entered: 08/27/2014)

Aug. 27, 2014 PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Mediation Conference held on 9/11/2014 (PDF available for court use only). (ws, )

Sept. 11, 2014 PACER
67

Joint MOTION to Dismiss Pursuant to Private Settlement Agreement by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2. (Attachments: # 1 Ex. A - Settlement Agreement, # 2 Text of Proposed Order)(Brooke, Samuel) (Entered: 10/10/2014)

1 Ex. A - Settlement Agreement

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 10, 2014 PACER
68

ORDER directing that, upon consideration of the joint stipulation of dismissal and the motion to retain jurisdiction, it is ORDERED that: (1) The motion (Doc. # 67 ) is GRANTED; (2) This action is DISMISSED without prejudice with each side to bear its own fees and costs; (3) The Court retains jurisdiction for five years from the date of this Order to enforce the terms of the private settlement agreement (see Doc. # 67 -1). Signed by Chief Judge William Keith Watkins on 10/14/14. (Furnished to Calendar/AR)(Term'd: Final PTC 04/08/2015 and Non-Jury trial 05/18/2015) (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Entered: 10/14/2014)

1 Civil Appeals Checklist

View on PACER

Oct. 14, 2014 RECAP

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 7, 2013

Closing Date: Oct. 14, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Four immigrants born in Mexico with prior arrests for alleged violation of an Alabama state law prohibiting fishing without a license.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Alabama Department of Homeland Security, State

Alabama's Administrative Office of the Court, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Conditional Dismissal

Order Duration: 2014 - 2019

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Issues

General:

Confidentiality

Government Services

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Criminal prosecution

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation