Case: Texas v. Travis County

1:17-cv-00425 | U.S. District Court for the Western District of Texas

Filed Date: May 7, 2017

Closed Date: Jan. 28, 2019

Clearinghouse coding complete

Case Summary

This suit seeks to support Texas's law Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the suits that seek to challenge President Trump's "Sanctuary City" Executive Order, this suit aims to support the work of federal immigration officials. The Four Texas CasesThere are, so far, four cases addressing SB4--this one was the first filed. The four cases are this one, which is before Judge Sam Sp…

This suit seeks to support Texas's law Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the suits that seek to challenge President Trump's "Sanctuary City" Executive Order, this suit aims to support the work of federal immigration officials.

The Four Texas Cases

There are, so far, four cases addressing SB4--this one was the first filed. The four cases are this one, which is before Judge Sam Sparks, and three that are in front of Judge Orlando Garcia:

City of El Cenizo v. Texas, No. 1:17-cv-00404 (W.D. Tex.) IM-TX-0046

City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.), IM-TX-0047

This case was brought by Texas against pro-immigration cities and counties; the other three were brought by pro-immigration cities and counties seeking a declaratory judgment and injunction barring implementation of SB4. On June 6, Judge Garcia, consolidated the three other cases, with El Cenizo becoming the lead case in the consolidation. This case, however, remains separate.

Summary of this litigation

On May 7, 2017, Texas Attorney General Ken Paxton filed this suit seeking a declaratory judgment approving SB4. Defendants are Travis County, City of Austin, and the Mexican American Legal Defense and Education Fund (MALDEF). In their complaint, the plaintiffs accused defendants of being "openly hostile" to cooperation with federal immigration officials both in policy and in practice. Judge Sam Sparks was assigned to the case.

The defendants filed a motion to dismiss for lack of jurisdiction on May 24, 2017. They argued that the state filed the suit prior to SB4 going into effect and that it had suffered no direct injury. That same day, the state filed a motion to consolidate this case with the City of El Cenizo case.

On May 31, 2017, Texas filed an amended complaint, adding its Attorney General as a new plaintiff, and many of the City of El Cenizo plaintiffs as defendants in this case, including the League of Latin American Citizens (LULAC), El Paso County, and the Texas Organizing Project Education Fund. 2017 WL 9362209 (W.D.Tex.). In response, the defendants filed amended motions to dismiss on June 2, 2017.

The state voluntarily dismissed MALDEF from the case on June 16, 2017. On June 28, 2017, defendants filed motions to dismiss on the grounds that Texas lacked standing. The next day, the city of El Paso filed a motion to dismiss for failure to state a claim.

The court dismissed the case without prejudice on August 9, 2017, finding that Texas lacked actual or imminent injury, which was required for Article III standing to seek declaratory judgment. 272 F.Supp.3d 973 (W.D. Tex. 2017). The court wrote that "[t]he State's alleged injury turns on the legal consequences of some act that may or may not occur - that is, Defendants' decision to violate the law. The State has produced no evidence that at the time of filing suit, it was clear Defendants planned to violate the law once it takes effect. Expressing public disagreement with a law does not constitute a violation of the law, nor does articulating the desire to challenge the constitutionality of the law equate to a violation of it." Id. at 980. The court noted that its holding was in line with a well-established ban on advisory opinions, and that do otherwise would be to “'open a Pandora's box and invite every local government to seek a court's judicial blessing' on a law prior to it taking effect." Id.

Texas appealed the dismissal to the Fifth Circuit on Aug. 31, 2017. On May 25, 2018, the Fifth Circuit granted MALDEF's motion to dismiss itself as a party in the case.

On December 12, 2018, the Fifth Circuit affirmed the district court's dismissal of the claim after full briefing and oral argument. 910 F.3d 809 (5th Cir. 2018). Judge Stephen A. Higginson, writing for a three-judge panel, affirmed this case's dismissal. It found that the district court lacked federal-question jurisdiction over this case, because section 1331 does not encompass “suits by the States to declare the validity of their regulations despite possibly conflicting federal law." This relied on a 1983 Supreme Court decision in Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California. Judge Higginson did not discuss the district court's Article III standing analysis, finding that it was not necessary to reach that issue because of Texas's failure to articulate a federal question in this suit.

The case is now closed.

Summary Authors

Jamie Kessler (7/31/2017)

Virginia Weeks (5/30/2018)

Veronica Portillo Heap (4/7/2019)

Related Cases

City of El Cenizo v. State of Texas, Western District of Texas (2017)

El Paso County v. State of Texas, Western District of Texas (2017)

City of San Antonio v. Texas, Western District of Texas (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6059999/parties/texas-v-travis-county-texas/


Judge(s)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Hacker, David J. (Texas)

Keller, Scott A. (Texas)

Leonie, Andrew D. (Texas)

Mateer, Jeffrey C. (Texas)

McCarty, Darren L. (Texas)

Nimocks, David A. (Texas)

Paxton, Ken (Texas)

Starr, Brantley David (Texas)

Stonedale, Joel (Texas)

Judge(s)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Hacker, David J. (Texas)

Keller, Scott A. (Texas)

Leonie, Andrew D. (Texas)

Mateer, Jeffrey C. (Texas)

McCarty, Darren L. (Texas)

Nimocks, David A. (Texas)

Paxton, Ken (Texas)

Starr, Brantley David (Texas)

Stonedale, Joel (Texas)

Sullivan, John C. (Texas)

Toth, Michael C. (Texas)

Attorneys(s) for Defendant

Amdur, Spencer (New York)

Bono, Marisa (Texas)

Champion, Cassandra Lang (Texas)

Coppola, Christopher John (Texas)

Dummer, David W. (Texas)

Eiserloh, Laurie R (Texas)

Escamilla, David A. (Texas)

Garcia, Yolanda C. (Texas)

Garza, Jose (Texas)

Gelernt, Lee (New York)

Hicks, Max Renea (Texas)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Labadie, Tim (Texas)

Marziani, Mimi Murray Digby (Texas)

Moran, Michael Patrick (Texas)

Moreno, Celina Ysela (Texas)

Morgan, Anne L. (Texas)

Nelson, Anthony J. (Texas)

Olivares, Efren Carlos (Texas)

Perales, Nina (Texas)

Riley, Meghan L. (Texas)

Saldivar, Edgar (Texas)

Sanchez, Jose F. (California)

Segura, Andre Ivan (New York)

Siegel, Michael (Texas)

Talley, Sharon (Texas)

Thomas, Sherine Elizabeth (Texas)

Trigilio, Trisha (Texas)

Vera, Luis R. Jr. (Texas)

Wang, Cecillia D (California)

Wofsy, Cody H. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Texas v. Travis County, Texas

Jan. 28, 2019 Docket

Fifth Circuit Court of Appeals Docket

U. S. Court of Appeals for the Fifth Circuit

Jan. 28, 2019 Docket
16

City of Austin's Motion to Dismiss

Texas v. Travis County, Texas

May 24, 2017 Pleading / Motion / Brief
19

Defendants' Travis County and Sheriff Sally Hernandez's Amended Motion to Dismiss Pursuant to Rule 12(b)(1) and Request to Expedite Ruling

Texas v. Travis County, Texas

May 26, 2017 Pleading / Motion / Brief
18

Defendants' Travis County and Sheriff Sally Hernandez's Motion to Dismiss Pursuant to Rule 12(b)(1) and Motion for Expedited Ruling

Texas v. Travis County, Texas

May 26, 2017 Pleading / Motion / Brief
23

First Amended Complaint for Declaratory Judgment

Texas v. Travis County, Texas

May 31, 2017 Complaint
27

City of Austin's Amended Motion to Dismiss

Texas v. Travis County, Texas

June 2, 2017 Pleading / Motion / Brief
26

Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request to Expedite Ruling

Texas v. Travis County, Texas

June 2, 2017 Pleading / Motion / Brief
53

Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P 41(a)(1)(A)(i)

Texas v. Travis County, Texas

June 16, 2017 Notice Letter
61

Memorandum of Law in Support of Motion to Dismiss by Defendants City of El Cenizo, Texas, Raul L. Reyes, Maverick County, Tom Schmerber, and Mario A. Hernandez

June 28, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

#StopSB4

Texas Civil Rights Project

On May 7th, Texas’ Governor, Greg Abbott, signed SB 4 into law. SB 4 is the most discriminatory piece of anti-immigrant legislation in the United States. SB 4 is currently scheduled to go into effec… June 27, 2017 https://www.texascivilrightsproject.org/en/issues/racial-and-economic-justice/stopsb4/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6059999/texas-v-travis-county-texas/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY JUDGMENT ( Filing fee $ 400 receipt number 0542-9562867), filed by Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet)(Starr, Brantley) (Entered: 05/07/2017)

1 Exhibit Exhibit 1

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2 Civil Cover Sheet

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May 7, 2017 RECAP

Case Assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (gr)

May 7, 2017 PACER
2

Letter to David J. Hacker re: non-admission into the WD/TX. (gr). (Entered: 05/09/2017)

May 9, 2017 RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS by Texas. Brantley Starr (Starr, Brantley) (Entered: 05/09/2017)

May 9, 2017 PACER
4

Summons Issued as to Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Mexican American Legal Defense and Education Fund, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair. (dm) (Entered: 05/09/2017)

May 9, 2017 RECAP
5

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Texas. Attorney Darren L. McCarty added to party Texas(pty:pla) (McCarty, Darren) (Entered: 05/09/2017)

May 9, 2017 PACER
6

NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Texas. Attorney David Austin Robert Nimocks added to party Texas(pty:pla) (Nimocks, David) (Entered: 05/09/2017)

May 9, 2017 PACER
7

NOTICE of Attorney Appearance by Andrew Drake Leonie, III on behalf of Texas (Leonie, Andrew) (Entered: 05/09/2017)

May 9, 2017 PACER
8

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Texas (McCarty, Darren) (Entered: 05/09/2017)

May 9, 2017 PACER
9

NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Texas (Nimocks, David) (Entered: 05/09/2017)

May 9, 2017 PACER
10

NOTICE of Attorney Appearance by Andrew Drake Leonie, III on behalf of Texas (Leonie, Andrew) (Entered: 05/09/2017)

May 9, 2017 PACER
11

WAIVER OF SERVICE Returned Executed by Texas as to Sally Hernandez. Waiver sent on 5/8/2017, answer due 7/7/2017. (Nimocks, David) (Entered: 05/10/2017)

May 10, 2017 RECAP
12

WAIVER OF SERVICE Returned Executed by Texas as to Travis County, Texas. Waiver sent on 5/8/2017, answer due 7/7/2017. (Nimocks, David) (Entered: 05/10/2017)

May 10, 2017 PACER
13

SUMMONS Returned Executed by Texas. City of Austin, Texas served on 5/10/2017, answer due 5/31/2017. (Nimocks, David) (Entered: 05/12/2017)

May 12, 2017 PACER
14

NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Texas. Attorney David Jonathan Hacker added to party Texas(pty:pla) (Hacker, David) (Entered: 05/16/2017)

May 16, 2017 RECAP
15

WAIVER OF SERVICE Returned Executed by Texas as to Mexican American Legal Defense and Education Fund. Waiver sent on 5/19/2017, answer due 7/18/2017. (McCarty, Darren) (Entered: 05/22/2017)

May 22, 2017 PACER
16

MOTION to Dismiss for Lack of Jurisdiction by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair. (Siegel, Michael) (Entered: 05/24/2017)

May 24, 2017 RECAP
17

Opposed MOTION to Consolidate Cases by Texas. (Attachments: # 1 Memo in Support Memo in Support for Motion to Consolidate, # 2 Exhibit 1 El Cenizo Memo in Support of Motion to Dismiss or Transfer, # 3 Proposed Order Proposed Order Granting the Motion to Consolidate)(McCarty, Darren) (Entered: 05/24/2017)

1 Memo in Support Memo in Support for Motion to Consolidate

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2 Exhibit 1 El Cenizo Memo in Support of Motion to Dismiss or Transfer

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3 Proposed Order Proposed Order Granting the Motion to Consolidate

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May 24, 2017 PACER
18

MOTION to Dismiss for Lack of Jurisdiction 12 (b)(1) and MOTION for Expedited Ruling by Sally Hernandez, Travis County, Texas. (Attachments: # 1 Proposed Order)(Thomas, Sherine). Added MOTION to Expedite on 5/26/2017 to add text and event (klw). (Entered: 05/26/2017)

1 Proposed Order

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May 26, 2017 PACER
19

Amended MOTION to Dismiss Pursuant to Rule 12(b)(1) and Request to Expedite Ruling Sally Hernandez, Travis County, Texas. (Thomas, Sherine) Modified on 5/30/2017 to correct filers (dm). (Entered: 05/26/2017)

May 26, 2017 RECAP
20

NOTICE of Attorney Appearance by Nina Perales on behalf of Mexican American Legal Defense and Education Fund. Attorney Nina Perales added to party Mexican American Legal Defense and Education Fund(pty:dft) (Perales, Nina) (Entered: 05/30/2017)

May 30, 2017 PACER
21

RESPONSE to Motion, filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair, re 17 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas (Attachments: # 1 Proposed Order)(Thomas, Sherine) (Entered: 05/31/2017)

1 Proposed Order

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May 31, 2017 PACER
22

Response in Opposition to Motion, filed by Mexican American Legal Defense and Education Fund, re 17 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas (Perales, Nina) (Entered: 05/31/2017)

May 31, 2017 PACER
23

AMENDED COMPLAINT against All Defendants amending 1 Complaint, filed by Texas, Ken Paxton.(jf) (Entered: 05/31/2017)

May 31, 2017 PACER
24

Opposed MOTION to Consolidate Cases by Ken Paxton, Texas. (Attachments: # 1 Memo in Support Memorandum of Law In Support of Plaintiffs' Motion to Consolidate, # 2 Exhibit Exhibit 1, # 3 Proposed Order Proposed Order Granting Motion to Consolidate)(McCarty, Darren) (Entered: 06/01/2017)

1 Memo in Support Memorandum of Law In Support of Plaintiffs' Motion to Conso

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2 Exhibit Exhibit 1

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3 Proposed Order Proposed Order Granting Motion to Consolidate

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June 1, 2017 PACER
25

NOTICE City of Austin's Advisory to the Court by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair (Siegel, Michael) (Entered: 06/02/2017)

June 2, 2017 PACER
26

MOTION to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling by Sally Hernandez, Travis County, Texas. (Thomas, Sherine) (Entered: 06/02/2017)

June 2, 2017 PACER
27

Amended MOTION to Dismiss by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair. (Siegel, Michael) (Entered: 06/02/2017)

June 2, 2017 RECAP
28

MOTION to Appear Pro Hac Vice by Nina Perales for Yolanda C. Garcia ( Filing fee $ 100 receipt number 0542-9647700) by on behalf of Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/02/2017)

1 Proposed Order

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June 2, 2017 PACER
29

MOTION to Appear Pro Hac Vice by Nina Perales for Jose F. Sanchez ( Filing fee $ 100 receipt number 0542-9647807) by on behalf of Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/02/2017)

1 Proposed Order

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June 2, 2017 PACER
30

Response in Opposition to Motion, filed by Ken Paxton, Texas, re 26 MOTION to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling filed by Defendant Travis County, Texas, Defendant Sally Hernandez, 27 Amended MOTION to Dismiss filed by Defendant Ellen Troxclair, Defendant Delia Garza, Defendant Ora Houston, Defendant Steve Adler, Defendant Leslie Pool, Defendant Kathie Tovo, Defendant Alison Alter, Defendant Sabino Renteria, Defendant Gregorio Casar, Defendant Jimmy Flannigan, Defendant Elaine Hart, Defendant City of Austin, Texas, Defendant Ann Kitchen (Attachments: # 1 Proposed Order Proposed Order)(McCarty, Darren) (Entered: 06/06/2017)

1 Proposed Order Proposed Order

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June 6, 2017 PACER
31

ORDER GRANTING 28 Motion to Appear Pro Hac Vice as to Yolanda C. Garcia. 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. Signed by Judge Sam Sparks. (dm) (Entered: 06/06/2017)

June 6, 2017 PACER
32

ORDER GRANTING 29 Motion to Appear Pro Hac Vice as to Jose F. Sanchez. 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. Signed by Judge Sam Sparks. (dm) (Entered: 06/06/2017)

June 6, 2017 PACER
33

REPLY to Response to Motion, filed by Sally Hernandez, Travis County, Texas, re 26 Motion to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling (Thomas, Sherine) Modified on 6/27/2017 to correct link (dm). (Entered: 06/07/2017)

June 7, 2017 PACER
34

REQUEST FOR ISSUANCE OF SUMMONS by Ken Paxton, Texas. (McCarty, Darren) (Entered: 06/08/2017)

June 8, 2017 PACER
35

Opposed MOTION to Consolidate Cases and Request for Expedited Ruling by Texas. (Attachments: # 1 Memo in Support, # 2 Exhibit 1, # 3 Proposed Order)(McCarty, Darren) (Entered: 06/08/2017)

1 Memo in Support

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2 Exhibit 1

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3 Proposed Order

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June 8, 2017 RECAP
36

REPLY to Response to Motion, filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair, re 27 Amended MOTION to Dismiss filed by Defendant Ellen Troxclair, Defendant Delia Garza, Defendant Ora Houston, Defendant Steve Adler, Defendant Leslie Pool, Defendant Kathie Tovo, Defendant Alison Alter, Defendant Sabino Renteria, Defendant Gregorio Casar, Defendant Jimmy Flannigan, Defendant Elaine Hart, Defendant City of Austin, Texas, Defendant Ann Kitchen (Siegel, Michael) (Entered: 06/08/2017)

June 8, 2017 PACER
37

NOTICE of Attorney Appearance by Marisa Bono on behalf of Mexican American Legal Defense and Education Fund. Attorney Marisa Bono added to party Mexican American Legal Defense and Education Fund(pty:dft) (Bono, Marisa) (Entered: 06/08/2017)

June 8, 2017 PACER
38

NOTICE of Attorney Appearance by Celina Ysela Moreno on behalf of Mexican American Legal Defense and Education Fund. Attorney Celina Ysela Moreno added to party Mexican American Legal Defense and Education Fund(pty:dft) (Moreno, Celina) (Entered: 06/08/2017)

June 8, 2017 PACER
39

RESPONSE to Motion, filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair, re 24 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas, Plaintiff Ken Paxton Defendants Travis County, Sheriff Sally Hernandez, and City of Austin's Joint Response to State's Motion to Consolidate (Thomas, Sherine) (Entered: 06/08/2017)

June 8, 2017 RECAP
40

Response in Opposition to Motion, filed by Mexican American Legal Defense and Education Fund, re 35 Opposed MOTION to Consolidate Cases and Request for Expedited Ruling filed by Plaintiff Texas (Perales, Nina) (Entered: 06/08/2017)

June 8, 2017 PACER
41

Summons Issued as to City of El Cenizo, Texas, El Paso County, Texas, Mario A. Hernandez, League of United Latin American Citizens, Raul L. Reyes, Tom Schmerber, Texas Organizing Project Education Fund, Richard Wiles. (dm) (Entered: 06/09/2017)

June 9, 2017 PACER
42

ADVISORY TO THE COURT by Sally Hernandez, Travis County, Texas. (Thomas, Sherine) (Entered: 06/09/2017)

June 9, 2017 PACER
43

DEFICIENCY NOTICE: re 42 Advisory to the Court (dm) (Entered: 06/09/2017)

June 9, 2017 PACER
44

CERTIFICATE OF SERVICE by Sally Hernandez, Travis County, Texas (Thomas, Sherine) (Entered: 06/09/2017)

June 9, 2017 PACER
45

MOTION to Appear Pro Hac Vice by Nina Perales for David W. Dummer ( Filing fee $ 100 receipt number 0542-9673778) by on behalf of Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/09/2017)

1 Proposed Order

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June 9, 2017 PACER
47

WAIVER OF SERVICE Returned Executed by Texas, Ken Paxton as to Texas Organizing Project Education Fund. Waiver sent on 6/6/2017, answer due 8/7/2017. (McCarty, Darren) (Entered: 06/12/2017)

June 12, 2017 PACER
48

CORRECTED RESPONSE to Motion (Corrected as to #46), filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair, re 35 Opposed MOTION to Consolidate Cases and Request for Expedited Ruling filed by Plaintiff Texas (Attachments: # 1 Proposed Order)(Thomas, Sherine) (Entered: 06/12/2017)

1 Proposed Order

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June 12, 2017 PACER
49

ORDER GRANTING 45 Motion to Appear Pro Hac Vice as to David W. Dummer. 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. Signed by Judge Sam Sparks. (dm) (Entered: 06/13/2017)

June 12, 2017 PACER
50

SUMMONS Returned Executed by Texas, Ken Paxton. Tom Schmerber served on 6/9/2017, answer due 6/30/2017. (McCarty, Darren) (Entered: 06/14/2017)

June 14, 2017 PACER
51

SUMMONS Returned Executed by Texas, Ken Paxton. Mario A. Hernandez served on 6/9/2017, answer due 6/30/2017. (McCarty, Darren) (Entered: 06/14/2017)

June 14, 2017 PACER
52

REPLY to Response to Motion, filed by Ken Paxton, Texas, re 35 Opposed MOTION to Consolidate Cases and Request for Expedited Ruling filed by Plaintiff Texas, 17 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas, 24 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas, Plaintiff Ken Paxton (McCarty, Darren) (Entered: 06/15/2017)

June 15, 2017 PACER
53

NOTICE of Voluntary Dismissal by Ken Paxton, Texas (McCarty, Darren) (Entered: 06/16/2017)

June 16, 2017 RECAP
54

ORDER, ( All Pending Matters set for 6/29/2017 at 10:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (dm) (Entered: 06/16/2017)

June 16, 2017 RECAP
55

SUMMONS Returned Executed by Texas, Ken Paxton. El Paso County, Texas served on 6/13/2017, answer due 7/5/2017. (McCarty, Darren) (Entered: 06/20/2017)

June 20, 2017 PACER
56

SUMMONS Returned Executed by Texas, Ken Paxton. City of El Cenizo, Texas served on 6/19/2017, answer due 7/10/2017. (McCarty, Darren) (Entered: 06/21/2017)

June 21, 2017 PACER
57

SUMMONS Returned Executed by Texas, Ken Paxton. Richard Wiles served on 6/20/2017, answer due 7/11/2017. (McCarty, Darren) (Entered: 06/21/2017)

June 21, 2017 PACER
58

SUMMONS Returned Executed by Texas, Ken Paxton. Raul L. Reyes served on 6/12/2017, answer due 7/3/2017. (McCarty, Darren) (Entered: 06/27/2017)

June 27, 2017 PACER
59

SUMMONS Returned Executed by Texas, Ken Paxton. League of United Latin American Citizens served on 6/13/2017, answer due 7/5/2017. (McCarty, Darren) (Entered: 06/27/2017)

June 27, 2017 RECAP
60

MOTION to Dismiss by "The El Cenizo Parties" by City of El Cenizo, Texas, Mario A. Hernandez, Maverick County, Texas, Raul L. Reyes, Tom Schmerber. (Attachments: # 1 Proposed Order)(Hicks, Max) (Entered: 06/28/2017)

1 Proposed Order

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June 28, 2017 RECAP
61

Memorandum in Support of 60 MOTION to Dismiss by "The El Cenizo Parties" by City of El Cenizo, Texas, Mario A. Hernandez, Maverick County, Texas, Raul L. Reyes, Tom Schmerber. (Hicks, Max) (Entered: 06/28/2017)

June 28, 2017 PACER
62

MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) by Texas Organizing Project Education Fund. (Attachments: # 1 Proposed Order)(Marziani, Mimi) (Entered: 06/28/2017)

1 Proposed Order

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June 28, 2017 PACER
63

NOTICE of Attorney Appearance by Trisha Trigilio on behalf of City of El Cenizo, Texas, Mario A. Hernandez, Maverick County, Texas, Raul L. Reyes, Tom Schmerber. Attorney Trisha Trigilio added to party City of El Cenizo, Texas(pty:dft), Attorney Trisha Trigilio added to party Mario A. Hernandez(pty:dft), Attorney Trisha Trigilio added to party Maverick County, Texas(pty:dft), Attorney Trisha Trigilio added to party Raul L. Reyes(pty:dft), Attorney Trisha Trigilio added to party Tom Schmerber(pty:dft) (Trigilio, Trisha) (Entered: 06/28/2017)

June 28, 2017 PACER
64

Motion to Dismiss for Failure to State a Claim by El Paso County, Texas, Richard Wiles. (Garza, Jose) (Entered: 06/29/2017)

June 29, 2017 PACER
65

MOTION to Dismiss for Lack of Jurisdiction by City of El Cenizo, Texas, Mario A. Hernandez, League of United Latin American Citizens, Maverick County, Texas, Raul L. Reyes, Tom Schmerber. (Attachments: # 1 Proposed Order)(Hicks, Max) (Entered: 06/29/2017)

1 Proposed Order

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June 29, 2017 PACER
66

MEMORANDUM IN SUPPORT OF AMENDED MOTION to Dismiss for Lack of Jurisdiction by City of El Cenizo, Texas, Mario A. Hernandez, League of United Latin American Citizens, Maverick County, Texas, Raul L. Reyes, Tom Schmerber. (Hicks, Max) Modified on 6/29/2017 to correct text (dm). (Entered: 06/29/2017)

June 29, 2017 PACER
67

Minute Entry for proceedings held before Judge Sam Sparks: Status Conference held on 6/29/2017 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(dm) (Entered: 06/29/2017)

June 29, 2017 PACER
68

DEFICIENCY NOTICE: re 66 MOTION to Dismiss for Lack of Jurisdiction (dm) (Entered: 06/29/2017)

June 29, 2017 PACER
69

DEFICIENCY NOTICE: re 66 MOTION to Dismiss for Lack of Jurisdiction (dm) (Entered: 06/29/2017)

June 29, 2017 PACER
70

CERTIFICATE OF SERVICE by City of El Cenizo, Texas, Mario A. Hernandez, League of United Latin American Citizens, Maverick County, Texas, Raul L. Reyes, Tom Schmerber 66 MOTION to Dismiss for Lack of Jurisdiction (Hicks, Max) (Entered: 06/29/2017)

June 29, 2017 PACER
71

RESPONSE to Motion, filed by Ken Paxton, Texas, re 64 Motion to Dismiss for Failure to State a Claim filed by Defendant Richard Wiles, Defendant El Paso County, Texas, 60 MOTION to Dismiss by "The El Cenizo Parties" filed by Defendant Mario A. Hernandez, Defendant Tom Schmerber, Defendant City of El Cenizo, Texas, Defendant Maverick County, Texas, Defendant Raul L. Reyes, 62 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Defendant Texas Organizing Project Education Fund, 65 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mario A. Hernandez, Defendant Tom Schmerber, Defendant City of El Cenizo, Texas, Defendant League of United Latin American Citizens, Defendant Maverick County, Texas, Defendant Raul L. Reyes, 66 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mario A. Hernandez, Defendant Tom Schmerber, Defendant City of El Cenizo, Texas, Defendant League of United Latin American Citizens, Defendant Maverick County, Texas, Defendant Raul L. Reyes (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 07/12/2017)

1 Proposed Order

View on PACER

July 12, 2017 PACER
72

REPLY to Response to Motion, filed by Texas Organizing Project Education Fund, re 62 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Defendant Texas Organizing Project Education Fund (Olivares, Efren) (Entered: 07/19/2017)

July 19, 2017 PACER
73

Transcript filed of Proceedings held on June 29, 2017, Proceedings Transcribed: All Pending Matters. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/21/2017, Redacted Transcript Deadline set for 8/31/2017, Release of Transcript Restriction set for 10/30/2017, (Reznik, Lily) (Entered: 07/31/2017)

July 31, 2017 PACER
74

ORDER MOOTING 19 Motion to Dismiss ; MOOTING 24 Motion to Consolidate Cases; GRANTING 26 Motion to Dismiss ; GRANTING 27 Motion to Dismiss ; MOOTING 35 Motion to Consolidate Cases; MOOTING 60 Motion to Dismiss ; GRANTING 62 Motion to Dismiss ; GRANTING 64 Motion to Dismiss for Failure to State a Claim; GRANTING 65 Motion to Dismiss for Lack of Jurisdiction ; MOOTING 16 Motion to Dismiss for Lack of Jurisdiction ; MOOTING 17 Motion to Consolidate Cases; MOOTING 18 Motion to Dismiss for Lack of Jurisdiction ; MOOTING 18 Motion to Expedite. Signed by Judge Sam Sparks. (dm) (Entered: 08/09/2017)

Aug. 9, 2017 RECAP
75

ORDER OF DISMISSAL. Signed by Judge Sam Sparks. (dm) (Entered: 08/09/2017)

Aug. 9, 2017 RECAP
76

Appeal of Order entered by District Judge 75, 74 by Ken Paxton, Texas. No filing fee submitted (McCarty, Darren) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
78

Certified copy of USCA JUDGMENT/MANDATE Affirming 76 Notice of Appeal (E−Filed) filed by Texas, Ken Paxton. (dm) (Entered: 01/30/2019)

Jan. 28, 2019

NOTICE OF APPEAL (No Filing Fee Submitted) following 76 Notice of Appeal (E-Filed) by Ken Paxton, Texas. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (dm)

Aug. 31, 2017 PACER
77

Notice of Appeal filing fee received in the amount of $505, receipt number 100031393 (jf) (Entered: 10/03/2017)

Oct. 3, 2017 PACER

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (dm)

Oct. 26, 2017 PACER