Case: Thomas v. Haslam

3:17-cv-00005 | U.S. District Court for the Middle District of Tennessee

Filed Date: Jan. 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 4, 2017, indigent driver’s license holders filed this class action lawsuit in the U.S. District Court for the Middle District of Tennessee against the Tennessee Department of Safety and Homeland Security under 42 U.S.C. §1983. The plaintiffs alleged that the Tennessee statute at issue automatically revoked driver’s licenses of people who failed to pay court fines, costs, or litigation taxes within one year, without consideration of their ability to pay. The plaintiffs, represented by…

On January 4, 2017, indigent driver’s license holders filed this class action lawsuit in the U.S. District Court for the Middle District of Tennessee against the Tennessee Department of Safety and Homeland Security under 42 U.S.C. §1983. The plaintiffs alleged that the Tennessee statute at issue automatically revoked driver’s licenses of people who failed to pay court fines, costs, or litigation taxes within one year, without consideration of their ability to pay. The plaintiffs, represented by both public interest and private lawyers, sought to enjoin the defendants from revoking driver’s licenses and to reinstate all revoked licenses after waiving the reinstatement fees. They also asked for a declaration that the Tennessee statute violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

This is second of two cases challenging Tennessee’s practice of rescinding the driver’s licenses of those who are unable to pay the fines without consideration of their indigence. In the companion case, (here in the Clearinghouse), Robinson v. Purkey, a preliminary injunction was granted prohibiting license suspensions for failure to pay fines unless the legislature enacts a statute requiring inquiry as to the defendant's ability to pay--the court required reinstatement of licenses suspended for nonpayment and to waive reinstatement fees.

The plaintiffs moved for a class certification on January 5, 2017, which was met with defendants’ motion to dismiss on March 3, 2017. The plaintiffs then filed a renewed motion for a class certification and a motion for summary judgment on August 18, 2017.

On October 10, 2017, co-defendants Governor of Tennessee and Attorney General of Tennessee were dismissed without prejudice. The only remaining defendant, Tennessee Department of Safety and Homeland Security, filed a motion for summary judgment on November 6, 2017.

On March 26, 2018, District Judge Aleta Trauger denied the defendant’s motion to dismiss and granted the plaintiffs’ motion for class certification. Judge Trauger certified the class as “[a]ll persons whose Tennessee driver’s licenses have been or will be revoked pursuant to the Statute [Tenn. Code Ann. § 40-24-105(b)] and who, at the time of the revocation, cannot or could not pay Court Debt due to their financial circumstances.” 303 F. Supp. 3d 585.

On July 2, 2018, Judge Trauger granted the plaintiffs’ motion for summary judgment and denied the defendant’s motion for summary judgment. The court held that revocation of indigent drivers' licenses for failure to timely pay court debts, without inquiry into drivers' ability to pay, violated their due process and equal protection rights. 329 F. Supp. 3d 475.

Following the judgment, the defendant appealed the case to the Sixth Circuit on July 25, 2018. Judge Trauger granted the defendant a partial stay pending appeal on July 31, 2018. As of February 15, 2019, the case pending on appeal.

On May 22, 2019, the Governor of Tennessee signed into law HB0839, which amended the statute to allow an exception for indigence. Because the amended statute essentially granted the relief that the plaintiffs had sought in this case, they moved to dismiss their claims as moot. Accordingly, the Sixth Circuit dismissed the state's appeal on September 12, 2019, vacated the district court's judgment, and remanded with instructions to dismiss. The district court dismissed the case on September 30, 2019.

As of August 7, 2020, the only outstanding issue is the question of attorneys' fees and costs.

Summary Authors

Sichun Liu (2/15/2019)

Averyn Lee (2/23/2019)

Related Cases

Robinson v. Purkey, Middle District of Tennessee (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6171652/parties/thomas-v-haslam/


Judge(s)

Donald, Bernice Bouie (Tennessee)

Rogers, John M. (District of Columbia)

Thapar, Amul Roger (Kentucky)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Dharia, Premal T. (District of Columbia)

Fajana, Francisca (New York)

Gerstein, Charles L. (District of Columbia)

Krugman, Edward P. (District of Columbia)

Lau, Theresa (New York)

Judge(s)

Donald, Bernice Bouie (Tennessee)

Rogers, John M. (District of Columbia)

Thapar, Amul Roger (Kentucky)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cole, Jonathan Jacob (Tennessee)

Dharia, Premal T. (District of Columbia)

Fajana, Francisca (New York)

Gerstein, Charles L. (District of Columbia)

Krugman, Edward P. (District of Columbia)

Lau, Theresa (New York)

Patterson, Lori H. (Tennessee)

Spickler, Josh (Tennessee)

Tasheff, Petra T. (New York)

Wang, Jonas (District of Columbia)

White, Matthew G. (Tennessee)

Wilner, Claudia (New York)

Attorneys(s) for Defendant

Campbell, Andrew B. (Tennessee)

Meyer, Michael Alan (Tennessee)

Ohlman, Sara (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Sutherland, Pamela Kirkpatrick (Arizona)

Expert/Monitor/Master

Dix, Katherine (Tennessee)

Documents in the Clearinghouse

Document

3:17-cv-00005

Docket [PACER]

Jan. 22, 2020

Jan. 22, 2020

Docket
1

3:17-cv-00005

Complaint

Jan. 4, 2017

Jan. 4, 2017

Complaint
93

3:17-cv-00005

Memorandum Signed by Judge Trauger

303 F.Supp.3d 585

March 26, 2018

March 26, 2018

Order/Opinion
113

3:17-cv-00005

Memorandum

329 F.Supp.3d 475

July 2, 2018

July 2, 2018

Order/Opinion
47-1

3:17-cv-00005

18-05766

On Appeal from the United States District of Tennessee

Thomas v. Lee

U. S. Court of Appeals for the Sixth Circuit

776 Fed.Appx. 910

Sept. 12, 2019

Sept. 12, 2019

Order/Opinion
138

3:17-cv-00005

Order

Sept. 30, 2019

Sept. 30, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6171652/thomas-v-haslam/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bill Haslam, David W. Purkey, Herbert Slatery, III (Filing fee PAID $400, Receipt number 0650-2352164), filed by James Thomas, David Hixson. (Attachments: # 1 Attachment Civil Cover Sheet)(hb) (Entered: 01/04/2017)

1 Attachment Civil Cover Sheet

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Jan. 4, 2017

Jan. 4, 2017

RECAP
13

SUMMONS returned executed by James Thomas, David Hixson. David W. Purkey served on 1/5/2017. (White, Matthew) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER

Annotation - Bar Status

Jan. 5, 2017

Jan. 5, 2017

PACER
12

NOTICE of Initial Case Management Conference set for 4/17/2017 at 01:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (hb) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
11

SUMMONS returned executed by James Thomas, David Hixson. Herbert Slatery, III served on 1/5/2017. (White, Matthew) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
10

SUMMONS returned executed by James Thomas, David Hixson. Bill Haslam served on 1/5/2017. (White, Matthew) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER

TN State Bar status verified as active for Lori H. Patterson, Matthew G. White, Josh Spickler, NY State Bar status verified as active for Claudia Wilner, Petra T. Tasheff, MA State Bar status verified as active for Francisca Fajana, and DC State Bar status verified as active for Charles Gerstein. (hb)

Jan. 5, 2017

Jan. 5, 2017

PACER
9

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (hb) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
8

Summons issued as to Bill Haslam, David W. Purkey, Herbert Slatery, III. (hb) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
7

MEMORANDUM in Support of 6 MOTION to Certify Class filed by David Hixson, James Thomas . (White, Matthew) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
6

MOTION to Certify Class by David Hixson, James Thomas. (Attachments: # 1 Attachment Declaration of James Thomas, # 2 Attachment Declaration of David Hixson, # 3 Attachment Attorney Declaration of Claudia Wilner)(White, Matthew) (Entered: 01/05/2017)

1 Attachment Declaration of James Thomas

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2 Attachment Declaration of David Hixson

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3 Attachment Attorney Declaration of Claudia Wilner

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Jan. 5, 2017

Jan. 5, 2017

PACER
5

MOTION for attorney(s) Josh Spickler to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2352982) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 01/05/2017)

1 Attachment Certificate of Good Standing

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Jan. 5, 2017

Jan. 5, 2017

PACER
4

MOTION for attorney(s) Francisca D. Fajana to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2352978) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 01/05/2017)

1 Attachment Certificate of Good Standing

View on PACER

Jan. 5, 2017

Jan. 5, 2017

PACER
3

MOTION for attorney(s) Petra T. Tasheff to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2352973) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 01/05/2017)

1 Attachment Certificate of Good Standing

View on PACER

Jan. 5, 2017

Jan. 5, 2017

PACER
2

MOTION for attorney(s) Claudia Wilner to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2352967) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 01/05/2017)

1 Attachment Certificate of Good Standing

View on PACER

Jan. 5, 2017

Jan. 5, 2017

PACER
17

ORDER granting 5 Motion for Josh Spickler to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
16

ORDER granting 4 Motion for Francisca D. Fajana to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
15

ORDER granting 3 Motion for Petra T. Tasheff to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
14

ORDER granting 2 Motion for Claudia Wilner to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 1/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
19

CERTIFICATE OF GOOD STANDING of Attorney Charles Gerstein from the United States District Court for the Southern District of New York filed by David Hixson, James Thomas. (hb) (Entered: 01/30/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
18

MOTION for attorney Charles Gerstein to Appear Pro Hac Vice (Fee paid) by David Hixson, James Thomas. (hb) Modified on 2/7/2017 (af). (Entered: 01/30/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
20

RECEIPT #34675044558 in the amount of $75 re 18 Motion to Appear Pro Hac Vice. (hb) (Entered: 02/07/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER

Docket Annotation

Feb. 6, 2017

Feb. 6, 2017

PACER

$75 PHV fee rec'd this date for atty Charles Gerstein re DE 18 . (af)

Feb. 6, 2017

Feb. 6, 2017

PACER
21

ORDER granting 18 Motion for Charles Gerstein to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 2/7/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
24

MEMORANDUM in Support of 23 MOTION to Dismiss and to Defer Issues Related to Class Certification filed by Bill Haslam, David W. Purkey, Herbert Slatery, III . (Meyer, Michael) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
23

MOTION to Dismiss and to Defer Issues Related to Class Certification by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Meyer, Michael) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
22

NOTICE of Appearance by Michael Alan Meyer on behalf of All Defendants (Meyer, Michael) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
25

ORDER: It is hereby ORDERED that the Motion to Certify Class filed by the plaintiffs on January 5, 2017 (Docket No. 6 ) shall be held in abeyance, pending a decision on the Motion to Dismiss filed March 3, 2017 (Docket No. 23 ). It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/6/2017. (hb) (Entered: 03/07/2017)

March 6, 2017

March 6, 2017

PACER

Annotation - Bar Status

March 6, 2017

March 6, 2017

PACER

TN State Bar status verified as active for Michael Alan Meyer. (hb)

March 6, 2017

March 6, 2017

PACER
26

Joint MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss and to Defer Issues Related to Class Certification by David Hixson, James Thomas. (Attachments: # 1 Exhibit 1 - Proposed Order)(White, Matthew) (Entered: 03/14/2017)

1 Exhibit 1 - Proposed Order

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March 14, 2017

March 14, 2017

PACER
27

ORDER: The Joint Motion to Extend Plaintiffs' Deadline to File a Response to Defendants' Motion to Dismiss (Docket No. 26 ) is GRANTED. The deadline for the filing of a response to the pending Motion to Dismiss is hereby extended until May 19, 2017. It is further ORDERED that the initial case management conference scheduled for April 17, 2017 is CONTINUED, to be reset, if appropriate, after disposition of this motion. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/15/2017. (hb) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
28

Joint MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss and to Defer Issues Related to Class Certification by David Hixson, James Thomas. (Attachments: # 1 Exhibit Proposed Order)(White, Matthew) (Entered: 05/10/2017)

1 Exhibit Proposed Order

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May 10, 2017

May 10, 2017

PACER
29

ORDER granting 28 Motion for Extension of Time to File Response re 23 MOTION to Dismiss and to Defer Issues Related to Class Certification. Signed by District Judge Aleta A. Trauger on 5/12/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
30

Joint MOTION for Extension of Time to File Response as to 23 MOTION to Dismiss and to Defer Issues Related to Class Certification by David Hixson, James Thomas. (Attachments: # 1 Exhibit A - Proposed Order)(White, Matthew) Modified on 7/5/2017 (dt). (Entered: 07/03/2017)

1 Exhibit A - Proposed Order

View on PACER

July 3, 2017

July 3, 2017

PACER
31

ORDER granting 30 Motion for Extension of Time to File Response to 23 MOTION to Dismiss. Signed by District Judge Aleta A. Trauger on 7/5/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
32

JOINT MOTION to set Briefing Schedule for Responses and Replies, and for Hearing on Defendants' Motion to Dismiss and Plaintiffs' Motion for Summary Judgment by David Hixson, James Thomas. (Attachments: # 1 Exhibit A - Proposed Order)(White, Matthew) Modified on 7/27/2017 (dt). (Entered: 07/26/2017)

1 Exhibit A - Proposed Order

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July 26, 2017

July 26, 2017

PACER
33

ORDER Granting Joint Motion to Set Briefing Schedule: The following deadline shall govern this matter: August 18, 2017 is the deadline for Plaintiffs to file both their Response to Defendants' Motion to Dismiss as well as Plaintiffs' Motion for Summary Judgment, in one single brief with a 40-page limit. August 18, 2017 is the deadline for Plaintiffs to file a Renewed Motion for Class Certification. September 18, 2017 is the deadline for Defendants to file their Reply to Plaintiffs' Response to Motion to Dismiss and their Responses to Plaintiffs' Motion for Summary Judgment and Renewed Motion for Class Certification. October 3, 2017 is the deadline for the filing of Plaintiffs' Replies to Defendants' Responses noted above. Signed by District Judge Aleta A. Trauger on 8/8/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
43

DECLARATION of Edward P. Krugman filed by David Hixson, James Thomas re: 37 MOTION for Summary Judgment . (White, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
42

DECLARATION of James Thomas filed by David Hixson, James Thomas re: 37 MOTION for Summary Judgment . (White, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
41

DECLARATION of David Hixson filed by David Hixson, James Thomas re: 37 MOTION for Summary Judgment . (White, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
40

STIPULATION re 37 MOTION for Summary Judgment Factual Stipulations Between the Parties by David Hixson, James Thomas. (Attachments: # 1 Exhibit Effect of Amendment)(White, Matthew) (Entered: 08/18/2017)

1 Exhibit Effect of Amendment

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Aug. 18, 2017

Aug. 18, 2017

PACER
39

STATEMENT of facts as to which there is no genuine dispute filed by David Hixson, James Thomas in support of 37 Motion for Summary Judgment. (Attachments: # 1 Exhibit AG Opinion 06-135, # 2 Exhibit Email Corr., # 3 Exhibit Transit and Jobs Report, # 4 Exhibit Tenn. Resident Data Table 2, # 5 Exhibit Pivot Table)(White, Matthew) (Entered: 08/18/2017)

1 Exhibit AG Opinion 06-135

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2 Exhibit Email Corr.

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3 Exhibit Transit and Jobs Report

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4 Exhibit Tenn. Resident Data Table 2

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5 Exhibit Pivot Table

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Aug. 18, 2017

Aug. 18, 2017

PACER
38

MEMORANDUM in Support of 37 MOTION for Summary Judgment, 23 MOTION to Dismiss and to Defer Issues Related to Class Certification filed by David Hixson, James Thomas Memorandum of Law in Support of Motion for Summary Judgment and in Opposition to Motion to Dismiss. (White, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

RECAP
37

MOTION for Summary Judgment by David Hixson, James Thomas. (White, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

RECAP
36

NOTICE OF RENEWED MOTION FOR CLASS CERTIFICATION by David Hixson and James Thomas re 6 MOTION to Certify Class . (White, Matthew) Modified on 8/21/2017 (dt). (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
35

MOTION for attorney(s) Premal Dharia to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2503004) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 08/18/2017)

1 Attachment Certificate of Good Standing

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Aug. 18, 2017

Aug. 18, 2017

PACER
34

MOTION for attorney(s) Edward P. Krugman to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2502992) by David Hixson, James Thomas. (Attachments: # 1 Attachment Certificate of Good Standing)(White, Matthew) (Entered: 08/18/2017)

1 Attachment Certificate of Good Standing

View on PACER

Aug. 18, 2017

Aug. 18, 2017

PACER
45

ORDER granting 35 Motion for Premal Dharia to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER

Docket Annotation

Aug. 21, 2017

Aug. 21, 2017

PACER
44

ORDER granting 34 Motion for Edward P. Krugman to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER

Note to Filer re DE#34-43: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Please FILE a conformed Certificate of Service for these documents. (dt)

Aug. 21, 2017

Aug. 21, 2017

PACER
46

CERTIFICATE of service filed by David Hixson, James Thomas re 36 MOTION filed by David Hixson, James Thomas, 42 Declaration filed by David Hixson, James Thomas, 41 Declaration filed by David Hixson, James Thomas, 37 MOTION for Summary Judgment filed by David Hixson, James Thomas, 40 Stipulation filed by David Hixson, James Thomas, 35 MOTION for attorney(s) Premal Dharia to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2503004) filed by David Hixson, James Thomas, 34 MOTION for attorney(s) Edward P. Krugman to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2502992) filed by David Hixson, James Thomas, 38 Memorandum in Support, filed by David Hixson, James Thomas, 43 Declaration filed by David Hixson, James Thomas, 39 Statement of facts, filed by David Hixson, James Thomas. (White, Matthew) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER

NY State Bar status verified as active for Edward P. Krugman. DC State Bar status verified as active for Premal Dharia. (dt)

Aug. 23, 2017

Aug. 23, 2017

PACER

Annotation - Bar Status

Aug. 23, 2017

Aug. 23, 2017

PACER
48

Amended MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Class Certification and Summary Judgment by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Meyer, Michael) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
47

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Class Certification and Summary Judgment by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Meyer, Michael) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
50

ORDER denying as moot 47 Motion for Extension of Time to File Response/Reply. Signed by District Judge Aleta A. Trauger on 9/19/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
49

ORDER granting 48 Motion for Extension of Time to File Response/Reply re 6 MOTION to Certify Class and 37 MOTION for Summary Judgment. Replies due by 10/18/2017.Signed by District Judge Aleta A. Trauger on 9/19/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
51

ORDER: The plaintiffs have filed a Renewed Motion for Class Certification (Docket No. 36). It is therefore ORDERED that the Motion for Class Certification filed on January 5, 2017 (Docket No. 6) shall be TERMED by the Clerk. Signed by District Judge Aleta A. Trauger on 9/29/2017. (ds) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
52

NOTICE of Appearance by Andrew B. Campbell on behalf of Bill Haslam, David W. Purkey, Herbert Slatery, III (Campbell, Andrew) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
54

STIPULATION of Dismissal of Defendants Haslam and Slatery without Prejudice and Agreed Order by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Campbell, Andrew) (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

PACER
53

Joint MOTION to Set Revised Briefing Schedule by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Campbell, Andrew) (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

PACER
56

ORDER granting 53 Motion to Set Revised Briefing Schedule. Extensions as requested. Signed by District Judge Aleta A. Trauger on 10/10/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
55

JOINT STIPULATION AND AGREED ORDER: As demonstrated by the signatures of adversary counsel below, and pursuant to Rule 41(a)(1)(A)(ii), Fed. R. Civ. P., official-capacity Defendants Haslam and Slatery are hereby dismissed without prejudice. Bill Haslam (Governor of Tennessee, in his official capacity) and Herbert Slatery, III (Attorney General and Reporter, in his official capacity) terminated. Signed by District Judge Aleta A. Trauger on 10/10/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
58

NOTICE of Appearance by Katherine Dix on behalf of Bill Haslam, David W. Purkey, Herbert Slatery, III (Dix, Katherine) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
57

NOTICE of Appearance by Scott C. Sutherland on behalf of Bill Haslam, David W. Purkey, Herbert Slatery, III (Sutherland, Scott) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
59

MOTION to Withdraw as Attorney by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Meyer, Michael) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER

Annotation - Bar Status

Oct. 16, 2017

Oct. 16, 2017

PACER

TN State Bar status verified as active for Andrew B. Campbell, Scott C. Sutherland and Katherine Dix. (dt)

Oct. 16, 2017

Oct. 16, 2017

PACER
60

ORDER granting 59 Motion to Withdraw as Attorney. Attorney Michael Alan Meyer terminated. Signed by District Judge Aleta A. Trauger on 10/17/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/18/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
67

RESPONSE in Opposition re 36 MOTION, 6 MOTION to Certify Class filed by Bill Haslam, David W. Purkey, Herbert Slatery, III. (Rieger, Alexander) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP
66

NOTICE of Appearance by Alexander Stuart Rieger on behalf of Bill Haslam, David W. Purkey, Herbert Slatery, III (Rieger, Alexander) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
65

RESPONSE in Opposition re 37 MOTION for Summary Judgment filed by David W. Purkey. (Campbell, Andrew) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
64

RESPONSE to 39 STATEMENT of Undisputed Facts filed by David W. Purkey. (Attachments: # 1 Exhibit 1 -- Rule 1340-2-5, # 2 Exhibit 2 -- Public Chapter 412)(Campbell, Andrew) Modified on 11/7/2017 (dt). (Entered: 11/06/2017)

1 Exhibit 1 -- Rule 1340-2-5

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2 Exhibit 2 -- Public Chapter 412

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Nov. 6, 2017

Nov. 6, 2017

RECAP
63

MOTION for Permission to Submit Brief in Excess of 25 Pages re 61 MOTION for Summary Judgment by David W. Purkey. (Attachments: # 1 Attachment Defendant Purkey's Brief in Support of Summary Judgment)(Campbell, Andrew) (Entered: 11/06/2017)

1 Attachment Defendant Purkey's Brief in Support of Summary Judgment

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Nov. 6, 2017

Nov. 6, 2017

PACER
62

STATEMENT of Undisputed Facts filed by David W. Purkey in support of 61 Motion for Summary Judgment. (Attachments: # 1 Exhibit A -- Thomas Criminal Judgment, # 2 Exhibit B -- Hixson 2013 Washington County conviction, # 3 Exhibit C -- Hixson 2015 Washington County conviction, # 4 Exhibit D -- Cortazar Declaration, # 5 Exhibit D-1 -- Notice of Revocation (Thomas), # 6 Exhibit D-2 -- Notice of Revocation (Hixson 2015), # 7 Exhibit D-3 -- Notice of Revocation (Hixson 2017), # 8 Exhibit E -- TBI Sex Offender Registry (Hixson), # 9 Exhibit F -- Hixson 2003 Sullivan County conviction)(Campbell, Andrew) Modified on 11/7/2017 (dt). (Entered: 11/06/2017)

1 Exhibit A -- Thomas Criminal Judgment

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2 Exhibit B -- Hixson 2013 Washington County conviction

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3 Exhibit C -- Hixson 2015 Washington County conviction

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4 Exhibit D -- Cortazar Declaration

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5 Exhibit D-1 -- Notice of Revocation (Thomas)

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6 Exhibit D-2 -- Notice of Revocation (Hixson 2015)

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7 Exhibit D-3 -- Notice of Revocation (Hixson 2017)

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8 Exhibit E -- TBI Sex Offender Registry (Hixson)

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9 Exhibit F -- Hixson 2003 Sullivan County conviction

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Nov. 6, 2017

Nov. 6, 2017

PACER
61

MOTION for Summary Judgment by David W. Purkey. (Campbell, Andrew) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER

TN State Bar status verified as active for Alexander Stuart Rieger. (dt)

Nov. 7, 2017

Nov. 7, 2017

PACER

Annotation - Bar Status

Nov. 7, 2017

Nov. 7, 2017

PACER
68

Joint MOTION for Extension of Time to File Response/Reply as to 61 MOTION for Summary Judgment, 65 Response in Opposition to Motion, 67 Response in Opposition to Motion, 62 Statement of facts,, and for Proposed Briefing Order by David Hixson, James Thomas. (Attachments: # 1 Exhibit A - Proposed Order)(White, Matthew) (Entered: 11/20/2017)

1 Exhibit A - Proposed Order

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Nov. 20, 2017

Nov. 20, 2017

PACER
70

ORDER: Plaintiffs' Reply to Defendant Purkey's Response (D.E. 67) to Plaintiffs' Motion for Class Certification to be filed by January 12, 2018. Plaintiffs' Responses to Defendant Purkey's Motion for Summary Judgment and Statement of Undisputed Facts (D.E. 61 and 62) to be filed by December 15, 2017. Plaintiffs' Reply to Defendant Purkey's Response (D.E. 65) to Plaintiffs' Consolidated Response to Defendant Purkey's Motion to Dismiss and Plaintiffs' Motion for Summary Judgment to be filed by December 15, 2017.The deadline for Defendant Purkey's Reply to Plaintiffs' Response to his Motion for Summary Judgment will be determined by further Order of the Court, upon appropriate motion by Defendant Purkey or joint motion by the parties. Such motion shall be filed no later than January 5, 2018. Signed by District Judge Aleta A. Trauger on 11/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
69

ORDER granting 68 Motion for Extension of Time to File Response/Reply. Signed by District Judge Aleta A. Trauger on 11/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
71

NOTICE of Filing by David W. Purkey re 62 Statement of facts,, (Attachments: # 1 Exhibit B -- certified copy of Hixson 2013 Washington County conviction, # 2 Exhibit C -- certified copy of Hixson 2015 Washington County conviction, # 3 Exhibit F -- certified copy of Hixson 2003 Sullivan County conviction)(Campbell, Andrew) (Entered: 12/04/2017)

1 Exhibit B -- certified copy of Hixson 2013 Washington County conviction

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2 Exhibit C -- certified copy of Hixson 2015 Washington County conviction

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3 Exhibit F -- certified copy of Hixson 2003 Sullivan County conviction

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Dec. 4, 2017

Dec. 4, 2017

PACER
77

DECLARATION OF DAVID HIXSON in support of Plaintiffs' Motion for Summary Judgment and in opposition to Defendants' Motion for Summary Judgment filed by David Hixson, James Thomas. (Attachments: # 1 Exhibit Reinstatement Letter Dated 11/26/2016)(White, Matthew) Modified on 12/18/2017 (dt). (Entered: 12/15/2017)

1 Exhibit Reinstatement Letter Dated 11/26/2016

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Dec. 15, 2017

Dec. 15, 2017

PACER
76

RESPONSE to 62 STATEMENT of Undisputed Facts filed by David Hixson and James Thomas. (White, Matthew) Modified on 12/18/2017 (dt). (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
75

DECLARATION OF EDWARD P. KRUGMAN in Opposition to 61 MOTION for Summary Judgment filed by David Hixson and James Thomas. (White, Matthew) Modified Text on 12/18/2017 (dt). (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
74

MOTION for Leave to File Excess Pages by David Hixson, James Thomas. (Attachments: # 1 Exhibit Plaintiffs' Opposition Brief to Defendant's MSJ, # 2 Exhibit Ex 1 to Ps Opp'n Brief, Acts 2011 ch.504, # 3 Exhibit Plaintiffs' Reply Brief ISO Their MSJ)(White, Matthew) (Entered: 12/15/2017)

1 Exhibit Plaintiffs' Opposition Brief to Defendant's MSJ

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2 Exhibit Ex 1 to Ps Opp'n Brief, Acts 2011 ch.504

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3 Exhibit Plaintiffs' Reply Brief ISO Their MSJ

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Dec. 15, 2017

Dec. 15, 2017

PACER
73

CERTIFICATE OF GOOD STANDING of Attorney Jonas Wang from the United States District Court for the Southern of New York filed by David Hixson, James Thomas. (White, Matthew) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
72

MOTION for attorney(s) Jonas Wang to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2575622) by David Hixson, James Thomas. (White, Matthew) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
82

REPLY to Response to 37 MOTION for Summary Judgment filed by David Hixson and James Thomas. (dt) (Entered: 12/20/2017)

Dec. 18, 2017

Dec. 18, 2017

RECAP

Annotation - Bar Status

Dec. 18, 2017

Dec. 18, 2017

PACER
81

RESPONSE in Opposition to 61 MOTION for Summary Judgment filed by David Hixson and James Thomas. (Attachments: # 1 Exhibit 1 - Acts 2011 ch.504)(dt) (Entered: 12/20/2017)

1 Exhibit 1 - Acts 2011 ch.504

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Dec. 18, 2017

Dec. 18, 2017

RECAP

Docket Annotation

Dec. 18, 2017

Dec. 18, 2017

PACER
79

ORDER granting 74 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 12/18/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/19/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
78

ORDER granting 72 Motion for Jonas Wang to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 12/18/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 12/19/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER

Notice to Filer re DE 72-77: Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (dt)

Dec. 18, 2017

Dec. 18, 2017

PACER

NY State Bar status verified as active for Jonas Wang. (dt)

Dec. 18, 2017

Dec. 18, 2017

PACER
80

CERTIFICATE of Service filed by David Hixson, James Thomas re 74 MOTION for Leave to File Excess Pages filed by David Hixson, James Thomas, 77 Response in Opposition to Motion, filed by David Hixson, James Thomas, 72 MOTION for attorney(s) Jonas Wang to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2575622) filed by David Hixson, James Thomas, 76 Response in Opposition to Motion filed by David Hixson, James Thomas, 75 Response in Opposition to Motion filed by David Hixson, James Thomas, 73 Certificate of Good Standing filed by David Hixson, James Thomas. (White, Matthew) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons whose Tennessee driver’s licenses have been or will be revoked pursuant to the Statute [Tenn. Code Ann. § 40-24-105(b)] and who, at the time of the revocation, cannot or could not pay Court Debt due to their financial circumstances.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Tennessee Department of Safety and Homeland Security , 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

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond

Poverty/homelessness