Case: Canaan v. City of El Paso

3:16-cv-00132 | U.S. District Court for the Western District of Texas

Filed Date: May 3, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 3, 2016, two indigent citizens who were jailed for not paying traffic and misdemeanor fines, filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued the City of El Paso under 42 U.S.C. § 1983 and the Texas Constitution. Represented by lawyers from the Texas Civil Rights Project, the plaintiffs alleged that the City violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as their rights under the Texas Constit…

On May 3, 2016, two indigent citizens who were jailed for not paying traffic and misdemeanor fines, filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued the City of El Paso under 42 U.S.C. § 1983 and the Texas Constitution. Represented by lawyers from the Texas Civil Rights Project, the plaintiffs alleged that the City violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as their rights under the Texas Constitution. The plaintiffs requested declaratory and injunctive relief, seeking to enjoin the defendants from enforcing their current debt collection program.

Specifically, the plaintiffs alleged that the City adopted a 25-percent plan in 2006 that required those assessed fines, including fines from Class C Misdemeanors and traffic tickets, to either pay 25 percent of their fines or go to jail. The plan did not account for people unable to pay 25 percent of their fines. The repayment plan, alleged the plaintiffs, was adopted as a method of revenue generation for the city. The plaintiffs asserted in their complaint that the City made $19 million from such fines in 2015 and that the policy was pursued purposely, by training municipal court clerks to tell debtors that their only options were the 25-percent payment or jail. The plaintiffs were never informed of their right to assert indigence, and they alleged that the City became aware of issues with its debt collection process but failed to reform the system.

On January 12, 2017, Judge David Guaderrama issued an order denying in part and granting in part the City's motion to dismiss, which was filed on June 6, 2016. Judge Guaderrama only looked at the due process claims because the City failed to address the equal protection claims. The plaintiffs' main due process claim was that the City's clerks failed to inform indigent debtors of their right to assert indigence. The court dismissed this claim. Judge Guaderrama held that the city had no constitutional duty to inform the plaintiffs of their right to assert their indigence. Judge Guaderrama only addressed the § 1983 action concerning the violation of the plaintiffs' due process rights under the Fourteenth Amendment. He allowed the equal protection claims under the Fourteenth Amendment and Texas Constitution to stand because the City had failed to address them in their motion to dismiss.

On January 20, 2017, the plaintiffs filed an amended complaint, and on February 3, 2017, the City responded with a new motion to dismiss, which the Court denied on April 25, 2017. One month later, the Court scheduled a jury trial to take place in March of 2018. After some months of discovery disputes and negotiation between the parties, the defendants again moved to dismiss the case, but the Court rejected the motion as untimely on December 11, 2017.

The parties continued negotiating and ultimately did reach a settlement agreement, which led the parties to file for a stipulated dismissal on May 23, 2018. That same week, on May 29, 2018, the Court reviewed the stipulated dismissal and entered an order dismissing the case with prejudice. This case is now closed, but the parties may litigate noncompliance with the contractual terms of the settlement agreement.

The settlement agreement included the following: a full release of any and all claims by both sides; an agreement that each side would bear its own costs; and an agreement that the City would, for three years following the settlement, continue certain administrative practices. These administrative practices related to: (a) notices to defendants of policies and procedures; (b) forms and procedures associated with payment plans, including a policy that payment plans required no money down, and that defendants could request an extension at any time; (c) notices to defendants regarding court hearings and court schedules; (d) policies and procedures related to indigency hearings and the issuance of warrants; and (e) a promise by defendants not to create any notice, form, procedure or policy that is inconsistent with the notices, forms, policies, and procedures that were attached to the settlement agreement.

Summary Authors

Salvatore Mancina (2/25/2017)

Chris Pollack (3/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401849/parties/canaan-v-city-of-el-paso/


Judge(s)

Guaderrama, David Campos (Texas)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Benoit, Christopher (Texas)

Brown, Porscha (Texas)

Cornelio, Natalia M (Texas)

Coyle, Lynn (Texas)

Jacobi, William Brian (Texas)

Marziani, Mimi Murray Digby (Texas)

Moreno, Enrique (Texas)

Ruiz, Adolfo (Texas)

Judge(s)

Guaderrama, David Campos (Texas)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Benoit, Christopher (Texas)

Brown, Porscha (Texas)

Cornelio, Natalia M (Texas)

Coyle, Lynn (Texas)

Jacobi, William Brian (Texas)

Marziani, Mimi Murray Digby (Texas)

Moreno, Enrique (Texas)

Ruiz, Adolfo (Texas)

Steffensen, Peter B (Texas)

Yang, Wayne Krause (Texas)

Attorneys(s) for Defendant

Benavides, Anelisa (Texas)

Gabaldon, Oscar Guillermo Jr. (Texas)

Gordon, Laura (Texas)

Gregory, Sue Ann (Texas)

Martinez, Maria Guadalupe (Texas)

McKamie, William M (Texas)

Documents in the Clearinghouse

Document

3:16-cv-00132

Docket [PACER]

May 29, 2018

May 29, 2018

Docket
3

3:16-cv-00132

Original Complaint

May 3, 2016

May 3, 2016

Complaint
33

3:16-cv-00132

Memorandum Opinion and Order

2017 WL 129027

Jan. 12, 2017

Jan. 12, 2017

Order/Opinion
34

3:16-cv-00132

Plaintiffs' First Amended Complaint

Jan. 20, 2017

Jan. 20, 2017

Complaint
41

3:16-cv-00132

Order

April 25, 2017

April 25, 2017

Order/Opinion
59

3:16-cv-00132

Order

Dec. 11, 2017

Dec. 11, 2017

Order/Opinion

1:17-cv-01320

Opinion

Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity

U. S. Court of Appeals for the Fifth Circuit

878 F.3d 371

Dec. 26, 2017

Dec. 26, 2017

Order/Opinion
75

3:16-cv-00132

Joint Stipulation of Dismissal of all Claims

May 23, 2018

May 23, 2018

Settlement Agreement
75

3:16-cv-00132

Settlement Agreement

May 23, 2018

May 23, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401849/canaan-v-city-of-el-paso/

Last updated May 20, 2022, 4:19 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed in forma pauperis by Carina Canaan, Levi Lane. (Attachments: # 1 Memo in Support Application to Proceed in Forma Pauperis, # 2 Memo in Support Application to Proceed in Forma Pauperis, # 3 Brief Original Complaint, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Proposed Order Proposed Order)(Jacobi, William) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
2

ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis Signed by Judge David C Guaderrama. (mc4) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
3

ORIGINAL COMPLAINT, filed by Carina Canaan, Levi Lane.(mc4) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
4

Summons Issued as to the Mayor, City Of El Paso. (mc4) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
5

Summons Issued as to Laura Gordon, City Attorney's Office, City Of El Paso. (mc4) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
6

MOTION to Dismiss for Lack of Jurisdiction by City Of El Paso. (Attachments: # 1 Exhibit)(Gabaldon, Oscar) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
7

NOTICE of Attorney Appearance by Lynn A. Coyle on behalf of Carina Canaan, Levi Lane. Attorney Lynn A. Coyle added to party Carina Canaan(pty:pla), Attorney Lynn A. Coyle added to party Levi Lane(pty:pla) (Coyle, Lynn) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
8

NOTICE of Attorney Appearance by Lynn A. Coyle on behalf of Carina Canaan, Levi Lane (Coyle, Lynn) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
9

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 6 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant City Of El Paso (Attachments: # 1 Proposed Order)(Krause Yang, Wayne) (Entered: 06/20/2016)

1 Proposed Order

View on PACER

June 20, 2016

June 20, 2016

PACER
10

SUMMONS Returned Executed by Carina Canaan, Levi Lane as to Laura P. Gordon, City Attorney's Office, City Of El Paso served on 6/1/2016, answer due 6/22/2016. (mc4) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

RECAP
11

Request for U.S. Marshals Service Expenses in Pauper Case (mc4) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

RECAP
12

Acknowledgment of Service returned by USMS re:Carina Canaan. City Of El Paso served on 5/20/2016, answer due 6/20/2016. (em) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
13

MOTION to Set Aside to Abate Discovery by City Of El Paso. (Gabaldon, Oscar) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

RECAP
14

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 13 MOTION to Set Aside to Abate Discovery filed by Defendant City Of El Paso (Attachments: # 1 Exhibit EMAIL FROM DAVID BARR TO BRIAN JACOBI, # 2 Proposed Order PROPOSED ORDER)(Jacobi, William) (Entered: 08/08/2016)

1 Exhibit EMAIL FROM DAVID BARR TO BRIAN JACOBI

View on PACER

2 Proposed Order PROPOSED ORDER

View on PACER

Aug. 8, 2016

Aug. 8, 2016

PACER
33

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 6 Motion to Dismiss for Lack of Jurisdiction; and ORDER DENYING 30 Motion for Leave to File First Amended Complaint. Plaintiffs MAY FILE by January 20, 2017 an Amended Complaint consistent with this Memorandum Opinion and Order to assert their equal protection claims as contained in their proposed amended complaint (ECF No. 30-1). Signed by Judge David C Guaderrama. (mc4)

Jan. 12, 2017

Jan. 12, 2017

RECAP
74

Notice of Change of Address

May 8, 2018

May 8, 2018

PACER
15

Scheduling Recommendations/Proposed Scheduling Order by Carina Canaan, Levi Lane. (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

75

Stipulation of Dismissal

May 23, 2018

May 23, 2018

PACER
16

REPLY to Response to Motion, filed by City Of El Paso, re 13 MOTION to Set Aside to Abate Discovery filed by Defendant City Of El Paso (Gabaldon, Oscar) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

76

Order Dismissing Case

May 29, 2018

May 29, 2018

PACER
17

ORDER DENYING 13 Motion to Abate Discovery. Signed by Judge David C Guaderrama. (mc4) (Entered: 08/16/2016)

Aug. 15, 2016

Aug. 15, 2016

18

Pretrial Disclosures Rule 26(a) Initial Disclosures by City Of El Paso. (Gabaldon, Oscar) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

19

ADR Report Filed − by Carina Canaan, Levi Lane(Jacobi, William) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

20

NOTICE of Attorney Appearance by William M. McKamie on behalf of City Of El Paso. Attorney William M. McKamie added to party City Of El Paso(pty:dft) (McKamie, William) (Entered: 10/10/2016)

Oct. 10, 2016

Oct. 10, 2016

21

SCHEDULING ORDER: Pretrial Conference set for 10/12/2017 02:00 PM before Judge David C Guaderrama, Jury Selection set for 10/16/2017 09:00AM before Judge David C Guaderrama, Jury Trial set for 10/16/2017 09:00 AM before Judge David C Guaderrama, Amended Pleadings due by 1/16/2017, Discovery due by 5/16/2017, Joinder of Parties due by 1/16/2017, Dispositive Motions due by 6/30/2017,. Signed by Judge David C Guaderrama. (mc4) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

22

ORDER SETTING, Set Motion Hearing for 6 MOTION to Dismiss for Lack of Jurisdiction ( Motion Hearing set for 12/9/2016 10:00 AM before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (mc4) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

23

Opposed MOTION for Leave to File Defendant City of El Paso's First Supplement to Defendant's Rule 12(b)(6) Motion to Dismiss by City Of El Paso. (Attachments: # 1 Defendant City of El Paso's First Supplement to Defendant's Rule12(b)(6) Motion to Dismiss, # 2 Proposed Order)(Gregory, Sue) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

24

ADVISORY TO THE COURT by City Of El Paso. (McKamie, William) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

25

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 23 Opposed MOTION for Leave to File Defendant City of El Paso's First Supplement to Defendant's Rule 12(b)(6) Motion to Dismiss filed by Defendant City Of El Paso (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

26

REPLY to Response to Motion, filed by City Of El Paso, re 23 Opposed MOTION for Leave to File Defendant City of El Paso's First Supplement to Defendant's Rule 12(b)(6) Motion to Dismiss filed by Defendant City Of El Paso (Gregory, Sue) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

27

NOTICE of Extended Leave of Absence by City Of El Paso (Benavides, Anelisa) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

28

Minute Entry for proceedings held before Judge David C Guaderrama: Motion Hearing held on 12/9/2016 re 6 MOTION to Dismiss for Lack of Jurisdiction filed by City Of El Paso. Motion taken under advisement. Written Order forthcoming (Minute entry documents are not available electronically.). (Court Reporter Kathleen Supnet.)(mc4) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

30

MOTION for Leave to File First Amended Complaint by Carina Canaan, Levi Lane. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Jacobi, William) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

31

Response in Opposition to Motion, filed by City Of El Paso, re 30 MOTION for Leave to File First Amended Complaint filed by Plaintiff Levi Lane, Plaintiff Carina Canaan (Gregory, Sue) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

32

REPLY to Response to Motion, filed by Carina Canaan, Levi Lane, re 30 MOTION for Leave to File First Amended Complaint filed by Plaintiff Levi Lane, Plaintiff Carina Canaan (Jacobi, William) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

34

AMENDED COMPLAINT against City Of El Paso amending, filed by Carina Canaan, Levi Lane.(Jacobi, William) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

35

Motion to Dismiss for Failure to State a Claim First Amended Complaint , MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by City Of El Paso. (Attachments: # 1 Exhibit A−Administrative Directive, # 2 Exhibit B−Senate Bill 1863, # 3 Exhibit C−Official Web Pages)(Gregory, Sue) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

36

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 35 Motion to Dismiss for Failure to State a Claim First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by Defendant City Of El Paso (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

37

REPLY to Response to Motion, filed by City Of El Paso, re 35 Motion to Dismiss for Failure to State a Claim First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by Defendant City Of El Paso (Attachments: # 1 Exhibit D − 2015 Standing Order)(Gregory, Sue) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

38

Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration by City Of El Paso. (Attachments: # 1 Proposed Order)(Gregory, Sue) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

39

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 38 Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration filed by Defendant City Of El Paso (Attachments: # 1 Exhibit, # 2 Proposed Order)(Jacobi, William) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

40

REPLY to Response to Motion, filed by City Of El Paso, re 38 Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration filed by Defendant City Of El Paso (Attachments: # 1 Exhibit A−Excerpt from Plaintiffs' Third Settlement Demand, # 2 Exhibit B−Defendant's First Supplemental Objections and Responses to Plaintiffs' Second Set of Interrogatories and Requests for Production)(Gregory, Sue) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

41

ORDER DENYING 35 Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. Defendant's answer to the Plaintiffs' "FirstAmended Complaint" (ECF No. 34) is due within 14 days after the entry of this Order. Signed by Judge David C Guaderrama. (mc4) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

Text Order DENYING AS MOOT 38 Motion to Stay entered by Judge David C Guaderrama. See 41 Order, ECF No. 41. (This is a text−only entry generated by the court. There is no document associated with this entry.) (wk) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

42

NOTICE of Vacation by City Of El Paso (Benavides, Anelisa) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

43

Original ANSWER to 34 Amended Complaint by City Of El Paso.(Gregory, Sue) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

44

Agreed MOTION to Extend Scheduling Order Deadlines by Carina Canaan, Levi Lane. (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

45

Joint MOTION for Protective Order by City Of El Paso. (Attachments: # 1 Proposed Order)(Ruiz, Adolfo) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

46

AMENDED SCHEDULING ORDER: Pretrial Conference set for 3/15/2018 02:00 PM before Judge David C Guaderrama, Jury Trial set for 3/19/2018 09:00 AM before Judge David C Guaderrama, Discovery due by 10/9/2017, Dispositive Motions due by 11/20/2017,. Signed by Judge David C Guaderrama. (em) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

ORDER GRANTING IN PART 44 Motion to Extend Scheduling Order Deadlines pursuant to Amended Scheduling Order. Signed by Judge David C Guaderrama. (em) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

47

ORDER GRANTING 45 Joint Motion for Protective Order. Signed by Judge David C Guaderrama. (mc4) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

48

ADR Report Filed − by Carina Canaan, Levi Lane(Jacobi, William) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

49

MOTION to Appear Pro Hac Vice by William Brian Jacobi ( Filing fee $ 100 receipt number 0542−9726532) by on behalf of Carina Canaan, Levi Lane. (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

50

MOTION to Withdraw as Attorney by Carina Canaan, Levi Lane. (Attachments: # 1 Proposed Order)(Jacobi, William) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

Text Order GRANTING 49 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge David C Guaderrama. (This is a text−only entry generated by the court. There is no document associated with this entry.) (wk) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

Text Order GRANTING 50 Motion to Withdraw as Attorney. Entered by Judge David C Guaderrama. (This is a text−only entry generated by the court. There is no document associated with this entry.) (wk) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

51

NOTICE Certificate of Unavailability Letter by City Of El Paso (Gregory, Sue) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

52

NOTICE of Attorney Appearance by William M. McKamie on behalf of City Of El Paso (McKamie, William) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

53

TRANSCRIPT REQUEST by Carina Canaan for proceedings held on 12/9/16. Proceedings Transcribed: Pre−trial proceedings. Court Reporter: Kathleen Supnet. (mc4) (Entered: 10/20/2017)

Oct. 17, 2017

Oct. 17, 2017

54

Opposed MOTION for Protective Order by City Of El Paso. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ruiz, Adolfo) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

55

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 54 Opposed MOTION for Protective Order filed by Defendant City Of El Paso (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Cornelio, Natalia) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

57

MOTION for Summary Judgment by City Of El Paso. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Ruiz, Adolfo) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

58

Opposed MOTION to Compel Production of Documents by Carina Canaan, Levi Lane. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Cornelio, Natalia) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

59

ORDER DENYING 54 Defendant Motion for Protective Order; DENYING 56 Plaintiff's Motion to Continue; DENYING 57 Defendant's Motion for Summary Judgment; DENYING 58 Plaintiff's Motion to Compel. Signed by Judge David C Guaderrama. (em) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

60

RESPONSE to Motion, filed by City Of El Paso, re 56 Opposed MOTION to Continue filed by Plaintiff Levi Lane, Plaintiff Carina Canaan (Attachments: # 1 Exhibit A, # 2 Exhibit BV, # 3 Exhibit C, # 4 Exhibit D−1, # 5 Exhibit D−2, # 6 Exhibit E, # 7 Exhibit F−1, # 8 Exhibit F−2, # 9 Exhibit G)(Ruiz, Adolfo) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

61

Opposed MOTION for Leave to File Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment by City Of El Paso. (Attachments: # 1 Exhibit Amended Motion for Summary Judgment, # 2 Exhibit Defendant's Undisputed Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C, # 19 Exhibit D, # 20 Exhibit E, # 21 Exhibit F, # 22 Exhibit G, # 23 Exhibit H)(Ruiz, Adolfo) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

62

Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 61 Opposed MOTION for Leave to File Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment filed by Defendant City Of El Paso (Attachments: # 1 Proposed Order)(Cornelio, Natalia) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

63

ADR Report Filed − Jointly by City Of El Paso (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ruiz, Adolfo) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

64

ORDER DENYING 61 Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment; Vacating in Part the Court's Order Doc. 59; Granting Doc.58, Granting in Part Doc.56; and Amending Scheduling Order deadlines; further directive incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

65

SECOND AMENDED SCHEDULING ORDER: Pretrial Conference reset for 6/7/2018 02:00 PM before Judge David C Guaderrama, Jury Selection reset for 6/11/2018 09:00AM before Judge David C Guaderrama, Jury Trial reset for 6/11/2018 09:00 AM before Judge David C Guaderrama, Discovery due by 2/9/2018, Dispositive Motions due by 3/9/2018. FURTHER DIRECTIVES WITHIN ORDER. Signed by Judge David C Guaderrama. (mc4) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

66

NOTICE Certificate of Unavailability by City Of El Paso (Benavides, Anelisa) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

67

MOTION for Summary Judgment by City Of El Paso. (Attachments: # 1 Supplement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(McKamie, William) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

68

NOTICE of Attorney Appearance by Peter B. Steffensen on behalf of Carina Canaan, Levi Lane. Attorney Peter B. Steffensen added to party Carina Canaan(pty:pla), Attorney Peter B. Steffensen added to party Levi Lane(pty:pla) (Steffensen, Peter) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

69

Joint MOTION to Stay Ruling regarding Motion for Summary Judgment and Response; Notice of Settlement; Motion for Short Continuance of Pretrial and Trial Date during finalization of settlement by Carina Canaan, Levi Lane. (Cornelio, Natalia) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

70

ORDER GRANTING 69 Joint Motion to Stay Consideration of Motion for Summary Judgment for 45 days Pending Finalization of Settlement Agreement. Pretrial Conference and Trail are VACATED and RESET. Signed by Judge David C Guaderrama. (mc4) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

Reset Hearings: Pretrial Conference reset for 7/26/2018 02:00 PM before Judge David C Guaderrama. Jury Selection/Trial reset for 7/30/2018 09:00AM before Judge David C Guaderrama. (mc4) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

71

Unopposed MOTION for Extension of Time to File Response/Reply as to 67 MOTION for Summary Judgment , 70 Order on Motion to Stay by Carina Canaan, Levi Lane. (Cornelio, Natalia) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

Text Order GRANTING 71 Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text−only entry generated by the court. There is no document associated with this entry.) (je) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

72

NOTICE of Settlement Submitted Jointly with Defendant City of El Paso by Carina Canaan, Levi Lane (Steffensen, Peter) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

73

ORDER re 72 Notice of Settlement filed by Levi Lane, Carina Canaan. Signed by Judge David C Guaderrama. (mc4) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: May 3, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two indigent citizens of El Paso, Texas who were jailed for failing to pay fines.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of El Paso, Texas (El Paso), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

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

Order Duration: 2018 - 2021

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Required disclosure

Issues

General:

Access to lawyers or judicial system

Courts

Fines/Fees/Bail/Bond

Poverty/homelessness

Race:

Race, unspecified