Case: Mendoza v. Garrett

3:18-cv-01634 | U.S. District Court for the District of Oregon

Filed Date: Sept. 7, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 7, 2018, five Oregon residents filed this class-action lawsuit against members of the Oregon Department of Transportation, the Oregon Transportation Commission, and the Oregon Department of Motor Vehicles. The plaintiffs, represented by the Oregon Law Center, sued the defendants under 42 U.S.C. §1983. They alleged that Oregon’s statewide policy of suspending drivers licenses of Oregon residents who accrued unpaid traffic fines without allowing those individuals the opportunity to d…

On September 7, 2018, five Oregon residents filed this class-action lawsuit against members of the Oregon Department of Transportation, the Oregon Transportation Commission, and the Oregon Department of Motor Vehicles. The plaintiffs, represented by the Oregon Law Center, sued the defendants under 42 U.S.C. §1983. They alleged that Oregon’s statewide policy of suspending drivers licenses of Oregon residents who accrued unpaid traffic fines without allowing those individuals the opportunity to demonstrate an inability to pay was a violation of those individuals’ Fourteenth Amendment Rights to due process and equal protection. The plaintiffs sought injunctive relief and attorney’s fees. This case was initially assigned to Judge Anna Brown on September 10, 2018, but was re-assigned to Judge Marco Hernandez on September 14, 2018.

In the first complaint, the plaintiffs consisted of five Oregon residents who had their licenses suspended as a result of unpaid traffic debt. All alleged they were unable to pay these fines because of their individual economic situations. The plaintiffs filed an amended complaint on November 6, 2018. In this complaint, they added a new plaintiff: a Washington resident who had his license suspended in Oregon.

The plaintiffs moved for a preliminary injunction on September 7, 2018. In their motion, they asked for the plaintiffs and all others in their class to have their license suspensions for nonpayment removed. They also asked that plaintiffs and everyone else in their class receive the opportunity to demonstrate inability to pay before the defendants suspend their licenses again. Judge Hernandez rejected this motion on December 12, 2018, stating in his opinion that the plaintiffs failed to demonstrate a likelihood of success on their claims. 358 F.Supp.3d 1145

Although the plaintiffs filed this lawsuit as a class action suit, for unknown reasons the plaintiffs submitted an unopposed motion to withdraw their class certification request on January 11, 2019. This motion was granted on January 14, 2019.

The plaintiffs filed a second amended class action complaint on February 25, 2019, adding another Oregon resident as a plaintiff. On March 1, 2019, the defendants sought to dismiss the complaint for lack of jurisdiction and for failure to state a claim. Holding that the court had jurisdiction but the plaintiffs failed to state a claim, the court granted the motion to dismiss on May 16, 2019. Relying on the same legal analysis and discussion found in the opinion denying preliminary injunction, the court concluded that the plaintiffs failed to state a claim “because as a matter of law, the challenged statutes do not implicate a fundamental constitutional right, do not implicate a suspect classification, and are rationally related to a legitimate state interest.” 2019 WL 2251290.

The plaintiffs appealed this case on June 11, 2019 (docket number 19-35506); this case is ongoing.

Summary Authors

Sarah Reasoner (1/27/2019)

Bogyung Lim (6/8/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7822727/parties/mendoza-v-garrett/


Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Dennis, Jonathan M (Oregon)

Englander, Beth Shara (Oregon)

Fox, Emily Teplin (Oregon)

Heilman, Kelsey McCowan (Oregon)

Samuelson, Marisa Antonia (Oregon)

Attorneys(s) for Defendant

Andrews, Beth (Oregon)

Forzley, Sadie (Oregon)

Hammond, G. Frank (Oregon)

Stineman, Renee R. (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Dennis, Jonathan M (Oregon)

Englander, Beth Shara (Oregon)

Fox, Emily Teplin (Oregon)

Heilman, Kelsey McCowan (Oregon)

Samuelson, Marisa Antonia (Oregon)

Attorneys(s) for Defendant

Andrews, Beth (Oregon)

Forzley, Sadie (Oregon)

Hammond, G. Frank (Oregon)

Stineman, Renee R. (Oregon)

Documents in the Clearinghouse

Document

3:18-cv-01634

Docket [PACER]

Jan. 14, 2019

Jan. 14, 2019

Docket
1

3:18-cv-01634

Complaint

Sept. 7, 2018

Sept. 7, 2018

Complaint
38

3:18-cv-01634

Amended Complaint

Oct. 16, 2018

Oct. 16, 2018

Complaint
40

3:18-cv-01634

Order Denying Motion for Prelim. Injunction

Dec. 12, 2018

Dec. 12, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7822727/mendoza-v-garrett/

Last updated Aug. 25, 2022, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5544819 Jury Trial Requested: Yes. Filed by Cekais Toni Ganuelas, Gloria Bermudez, Cindy Mendoza, Rebecca Heath, Karl Wade Roberts against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Fox, Emily) (Entered: 09/07/2018)

1 Civil Cover Sheet

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2 Proposed Summons

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Sept. 7, 2018

Sept. 7, 2018

PACER
2

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

RECAP
3

Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
4

Declaration of Gloria Bermudez . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Sept. 7, 2018

Sept. 7, 2018

PACER
5

Declaration of Beth Englander . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3 .) (Fox, Emily) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
6

Declaration of Cekais Toni Ganuelas . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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Sept. 7, 2018

Sept. 7, 2018

PACER
7

Declaration of Rebecca Heath . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Fox, Emily) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
8

Declaration of Cindy Mendoza . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Sept. 7, 2018

Sept. 7, 2018

PACER
9

Declaration of Karl Wade Roberts . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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Sept. 7, 2018

Sept. 7, 2018

PACER
10

Declaration of Marisa Samuelson . Filed by All Plaintiffs. (Related document(s): Motion to certify class 3, Motion for Preliminary Injunction 2 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Fox, Emily) (Entered: 09/07/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Sept. 7, 2018

Sept. 7, 2018

PACER
11

Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 1/8/2019. Joint Alternate Dispute Resolution Report is due by 2/7/2019. Pretrial Order is due by 2/7/2019. Ordered by Judge Anna J. Brown. (joha) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
12

Summons Issued Electronically as to Tammy Baney, Martin Callery, Matthew Garrett, Tom McClellan, Sean O'Hollaren, Bob Van Brocklin. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
13

Notice of Appearance of G. Frank Hammond appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Hammond, G.) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
14

Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Judge Marco A. Hernandez. (eo) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
15

Scheduling Order by Judge Marco A. Hernandez regarding Motion for Preliminary Injunction 2 . Oral Argument is set for 10/11/2018 at 02:00PM in Portland Courtroom 15A before Judge Marco A. Hernandez. The Response to the motion is due by Noon on 9/25/2018. Reply is due by 10/2/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
16

Waiver of Service of Summons Returned Executed by Tom McClellan waiver sent on 9/10/2018. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
17

Waiver of Service of Summons Returned Executed by Matthew Garrett waiver sent on 9/10/2018. Filed by All Plaintiffs. (Fox, Emily) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
18

Notice of Association of Attorney Renee R. Stineman,Renee R. Stineman for Martin Callery,Renee R. Stineman for Sean O'Hollaren,Renee R. Stineman for Tammy Baney,Renee R. Stineman for Tom McClellan,Renee R. Stineman for Bob Van Brocklin,Renee R. Stineman for Matthew Garrett. Filed by All Defendants. (Stineman, Renee) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
19

Notice of Association of Attorney Beth Andrews,Beth Andrews for Martin Callery,Beth Andrews for Sean O'Hollaren,Beth Andrews for Tammy Baney,Beth Andrews for Tom McClellan,Beth Andrews for Bob Van Brocklin,Beth Andrews for Matthew Garrett. Filed by All Defendants. (Andrews, Beth) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
20

Motion for Extension of Time (Defendants' Opposed Motion to Extend Time for Response to Motion for Class Certification). Filed by All Defendants. (Stineman, Renee) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
21

Declaration of Renee Stineman . Filed by All Defendants. (Related document(s): Motion for Extension of Time 20 .) (Stineman, Renee) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
22

Response in Opposition to Motion for Extension of Time (Defendants' Opposed Motion to Extend Time for Response to Motion for Class Certification) 20 . Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
23

ORDER: Granting in part Defendant's motion to extend time to respond to the class certification motion, ECF 20. Defendant's response to the motion for class certification is extended until October 19, 2018. However, the Court will address the entire case schedule, including revisiting the briefing on the class certification motion, at the conclusion of the preliminary injunction hearing set for October 11, 2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
24

Memorandum in Opposition to Motion for Preliminary Injunction 2 Oral Argument requested. Filed by All Defendants. (Hammond, G.) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
25

Declaration of Jad Lemhouse . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
26

Declaration of Karen Brisbin . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
27

Declaration of Mary Garcia . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Hammond, G.) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
28

Waiver of Service of Summons Returned Executed by Tammy Baney waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
29

Waiver of Service of Summons Returned Executed by Martin Callery waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
30

Waiver of Service of Summons Returned Executed by Sean O'Hollaren waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
31

Waiver of Service of Summons Returned Executed by Bob Van Brocklin waiver sent on 9/10/2018. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
32

Waiver Acceptance of Service on behalf of All Defendants of Motion for Preliminary Injunction, Motion to a Certify a Class. Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
33

Reply to Motion for Preliminary Injunction 2 Oral Argument requested. Filed by All Plaintiffs. (Fox, Emily) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
34

Declaration of Jeremy Chase in Support of Plaintiffs' Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 2 .) (Fox, Emily) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
35

Declaration of Kathy Stinnett . Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Stineman, Renee) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
36

Supplemental Declaration of Mary Garcia in Opposition to Motion for Preliminar Injunction. Filed by All Defendants. (Related document(s): Memorandum in Opposition 24 .) (Stineman, Renee) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
37

MINUTES of Proceedings: Oral Argument held regarding Plaintiffs' Motion for Preliminary Injunction 2 . The Court took the matter under advisement as of 10/11/2018. Briefing on the class certification motion, ECF 3, is stayed until further order of the Court. After the Court resolves the motion for preliminary injunction, the Court will set a status conference to discuss the case schedule. Defendants' response to the Complaint, whether it be an Answer or a motion, is not due until after this status conference and at a date which will be set at that time. Emily Teplin Fox and Kelsey McCowan Heilman present as counsel for plaintiff(s). Beth Andrews and Renee R. Stineman present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 10/12/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
38

First Amended Complaint . Filed by Cekais Toni Ganuelas, Gloria Bermudez, Cindy Mendoza, Rebecca Heath, Karl Wade Roberts, Jeremy Chase against All Defendants (Attachments: # 1 Attachment Redline of Amended Complaint). (Heilman, Kelsey) (Entered: 10/16/2018)

1 Attachment Redline of Amended Complaint

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Oct. 16, 2018

Oct. 16, 2018

PACER
42

MINUTES of Proceedings: Scheduling Conference held. Status of case discussed as stated on the record. Plaintiff to file an Amended Complaint by 2/15/2019. ORDER: Staying the discovery deadline. The PTO and ADR deadlines previously set are STRIKEN and will be reset at a later date. A further Telephone Status Conference is set for 2/25/2019 at 03:00PM before Judge Marco A. Hernandez. The parties shall use the same conference call information used for today's call. Kelsey McGowan Heilman and Marisa Antonia Samuelson present as counsel for plaintiff(s). Beth Andrews, Sadie Forzley and G. Frank Hammond present as counsel for defendant(s).(Court Reporter Nancy Walker.) Judge Marco A. Hernandez presiding. (jp) (Entered: 01/10/2019)

Jan. 9, 2019

Jan. 9, 2019

39

Notice of Attorney Substitution:Attorney Sadie Forzley is substituted as counsel of record in place of Attorney G. Frank Hammond Filed by All Defendants. (Forzley, Sadie) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
40

OPINION & ORDER: Plaintiffs' motion for preliminary injunction 2 is denied. Signed on 12/12/2018 by Judge Marco A. Hernandez. (jp) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

RECAP
43

Motion to Withdraw Motion to certify class 3 . Filed by All Plaintiffs. (Heilman, Kelsey) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

44

ORDER: Granting Motion to Withdraw 43 Motion to Certify the Class 3 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

41

Scheduling Order by Judge Marco A. Hernandez. A Scheduling Telephone Conference is set for 1/9/2019 at 03:00PM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

1 - Scheduling

Dec. 20, 2018

Dec. 20, 2018

PACER
55

Opinion and Order

May 22, 2019

May 22, 2019

PACER
56

Judgment - Terminate Case

May 22, 2019

May 22, 2019

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 7, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Oregon residents whose licenses have been suspended on the basis of unpaid traffic fines, which they allege they cannot afford to pay.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Oregon Department of Transportation, State

Department of Motor Vehicles, State

Oregon Transportation Commission, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond

Poverty/homelessness