Case: Gonzalez v. Moore

1:19-cv-03035 | U.S. District Court for the Northern District of Georgia

Filed Date: July 2, 2019

Closed Date: Feb. 20, 2020

Clearinghouse coding complete

Case Summary

On July 2, 2019, a United States citizen born in Puerto Rico filed this putative class action lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued the Commissioner of the Georgia Department of Driver Services (DDS) and an inspector of the Georgia DDS under 28 U.S.C. §§ 2201-2202, 42 U.S.C. § 1983, and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d). The plaintiff, represented by the Southern Center for Human Rights and LatinoJustice P…

On July 2, 2019, a United States citizen born in Puerto Rico filed this putative class action lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued the Commissioner of the Georgia Department of Driver Services (DDS) and an inspector of the Georgia DDS under 28 U.S.C. §§ 2201-2202, 42 U.S.C. § 1983, and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d). The plaintiff, represented by the Southern Center for Human Rights and LatinoJustice PRLDEF sought declaratory and injunctive relief and damages. The plaintiff claimed that DDS discriminated against Puerto Rican-born applicants for Georgia drivers’ licenses, took and retained his original identity documents, and denied class members equal protection of the laws and the privileges due to Puerto Rican-born U.S. citizens.

The defendants requested an extension of time to answer, which was granted by Judge Thomas W. Thrash, Jr. on August 29, 2019. On September 23, 2019, the plaintiff filed a motion to stay proceedings to allow the parties to resolve the dispute out of court, which was granted. The parties did so: according to plaintiff counsel’s website, the defendant ended their policy and permitted the plaintiffs to transfer their drivers' licenses to Georgia without additional onerous requirements. 
 
In light of the policy ending, the court entered a stipulation of dismissal on February 19, 2020. The case is now closed. 

Summary Authors

Elizabeth Helpling (11/13/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15892751/parties/gonzalez-v-moore/


Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Fajana, Francisca (New York)

Hollie, Atteeyah Eshe (Georgia)

Romero-Craft, Kira (Florida)

Vasquez, Jorge Luis (New York)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Chalmers, Roger A (Georgia)

Shapiro, Robert B (Georgia)

Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Fajana, Francisca (New York)

Hollie, Atteeyah Eshe (Georgia)

Romero-Craft, Kira (Florida)

Vasquez, Jorge Luis (New York)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Chalmers, Roger A (Georgia)

Shapiro, Robert B (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 5, 2019 Docket
1

Class Action Complaint

July 2, 2019 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15892751/gonzalez-v-moore/

Last updated May 20, 2022, 5:10 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT filed by Kenneth Caban Gonzalez. (Filing fee $400.00, receipt number AGANDC-8768177) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/03/2019)

1 Civil Cover Sheet

View on PACER

July 2, 2019 PACER
2

Electronic Summons Issued as to Spencer R. Moore. (eop) (Entered: 07/03/2019)

July 2, 2019 PACER
3

Electronic Summons Issued as to James Woo. (eop) (Entered: 07/03/2019)

July 2, 2019 PACER
4

NOTICE Of Filing Appendices to Complaint by Kenneth Caban Gonzalez re 1 Complaint, (Attachments: # 1 Appendix Appendix A to Complaint, # 2 Appendix Appendix B to Complaint)(Hollie, Atteeyah) (Entered: 07/03/2019)

1 Appendix Appendix A to Complaint

View on PACER

2 Appendix Appendix B to Complaint

View on PACER

July 3, 2019 PACER
5

APPLICATION for Admission of Francisca Fajana Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8774185). Documents for this entry are not available for viewing outside the courthouse.by Kenneth Caban Gonzalez. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application for Pro Hac Vice)(Hollie, Atteeyah) (Entered: 07/04/2019)

July 4, 2019 PACER
6

APPLICATION for Admission of Kira Romero-Craft Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8774186). Documents for this entry are not available for viewing outside the courthouse.by Kenneth Caban Gonzalez. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application for Admission Pro Hac Vice)(Hollie, Atteeyah) (Entered: 07/04/2019)

July 4, 2019 PACER
7

APPLICATION for Admission of Jorge Vasquez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8776146). Documents for this entry are not available for viewing outside the courthouse.by Kenneth Caban Gonzalez. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application for Admission Pro Hac Vice)(Hollie, Atteeyah) (Entered: 07/05/2019)

July 5, 2019 PACER

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Francisca Fajana Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8774185). Documents for this entry are not available for viewing outside the courthouse.. Attorney Francisca D. Fajana added appearing on behalf of Kenneth Caban Gonzalez (pmb)

July 11, 2019 PACER

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Kira Romero-Craft Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8774186). Documents for this entry are not available for viewing outside the courthouse.. Attorney Kira Romero-Craft added appearing on behalf of Kenneth Caban Gonzalez (pmb)

July 11, 2019 PACER

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Jorge Vasquez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8776146). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jorge Luis Vasquez added appearing on behalf of Kenneth Caban Gonzalez (pmb)

July 11, 2019 PACER

Approval of Application for Admission Pro Hac Vice

July 11, 2019 PACER
8

ORDER granting 5 Application for Admission of Francisca Fajana Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 7/12/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (sap) (Entered: 07/12/2019)

July 12, 2019 PACER
9

ORDER granting 6 Application for Admission of Kira Romero-Craft Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 7/12/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (sap) (Entered: 07/12/2019)

July 12, 2019 PACER
10

ORDER granting 7 Application for Admission of Jorge Vasquez Pro Hac Vice. Signed by Judge Thomas W. Thrash, Jr. on 7/12/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step. (sap) (Entered: 07/12/2019)

July 12, 2019 PACER
11

Certificate of Interested Persons by Kenneth Caban Gonzalez. (Hollie, Atteeyah) (Entered: 08/14/2019)

Aug. 14, 2019 PACER

Clerks Notation for LOA/CIP

Aug. 15, 2019 PACER
12

WAIVER OF SERVICE Returned Executed by Kenneth Caban Gonzalez. Spencer R. Moore waiver mailed on 7/3/2019, answer due 9/3/2019. (Fajana, Francisca) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
13

WAIVER OF SERVICE Returned Executed by Kenneth Caban Gonzalez. James Woo waiver mailed on 7/3/2019, answer due 9/3/2019. (Fajana, Francisca) (Entered: 08/15/2019)

Aug. 15, 2019 PACER

Clerk's Notation re 11 Certificate of Interested Persons: OK, per TWT. (cmd)

Aug. 15, 2019 PACER
14

NOTICE of Appearance by Robert Benton Shapiro on behalf of Spencer R. Moore, James Woo (Shapiro, Robert) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
15

Certificate of Interested Persons by Spencer R. Moore, James Woo. (Shapiro, Robert) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
16

Consent MOTION for Extension of Time to File Answer by Spencer R. Moore, James Woo. (Attachments: # 1 Text of Proposed Order)(Shapiro, Robert) (Entered: 08/28/2019)

1 Text of Proposed Order

View on PACER

Aug. 28, 2019 PACER
17

NOTICE of Appearance by Roger A. Chalmers on behalf of Spencer R. Moore, James Woo (Chalmers, Roger) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Clerks Notation for LOA/CIP

Aug. 29, 2019 PACER
18

ORDER GRANTING 16 Consent Motion for Extension of Time to Answer. Defendants shall have until 11/1/2019 to answer or otherwise respond to the complaint. Signed by Judge Thomas W. Thrash, Jr. on 8/29/2019. (cmd) (Entered: 08/29/2019)

Aug. 29, 2019 PACER

Clerk's Notation re 15 Certificate of Interested Persons: OK, per TWT. (cmd)

Aug. 29, 2019 PACER
19

Motion to Stay

1 Text of Proposed Order Proposed Order Granting Motion to Stay Proceedings

View on PACER

Sept. 23, 2019 PACER
20

Notice (Other)

Sept. 23, 2019 PACER
21

Order on Motion to Stay

Sept. 25, 2019 PACER
22

Motion to Stay

1 Text of Proposed Order

View on PACER

Oct. 31, 2019 PACER
23

ORDER granting 22 Consent Motion to Stay Proceedings. The proceedings are stayed for sixty-days until December 31, 2019. Signed by Judge Thomas W. Thrash, Jr. on 11/5/2019. (sap) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
24

Consent MOTION to Stay Proceedings with Brief In Support by Spencer R. Moore, James Woo. (Attachments: # 1 Text of Proposed Order)(Shapiro, Robert) (Entered: 12/17/2019)

1 Text of Proposed Order

View on PACER

Dec. 17, 2019 RECAP
25

ORDER granting 24 Motion to Stay. The proceedings are stayed for thirty days until January 30, 2020. Signed by Judge Thomas W. Thrash, Jr. on 12/19/2019. (anc) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
26

Consent MOTION to Stay Proceedings by Spencer R. Moore, James Woo. (Attachments: # 1 Text of Proposed Order)(Shapiro, Robert) (Entered: 01/31/2020)

1 Text of Proposed Order

View on PACER

Jan. 31, 2020 RECAP
27

ORDER granting 26 Motion to Stay Proceedings until 2/28/2020. Signed by Judge Thomas W. Thrash, Jr. on 2/4/2020. (anc) (Entered: 02/06/2020)

Feb. 6, 2020 RECAP
28

STIPULATION of Dismissal by Kenneth Caban Gonzalez. (Hollie, Atteeyah) (Entered: 02/19/2020)

Feb. 19, 2020 RECAP

Clerks Entry of Dismissal

Feb. 19, 2020 PACER

Terminated Case

Feb. 20, 2020 PACER

Clerk's Entry of Dismissal APPROVING 28 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (ah)

Feb. 20, 2020 PACER

Civil Case Terminated. (ah)

Feb. 20, 2020 PACER

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: July 2, 2019

Closing Date: Feb. 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Puerto Rican-born citizen seeking a driver's license in Georgia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

LatinoJustice PRLDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Commissioner of the Georgia Department of Driver Services (Georgia), State

Department of Driver Services Inspector (Georgia), Private Entity/Person

Commissioner, Georgia Department of Driver Services, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Drivers Licenses

Government Services

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run

National Origin/Ethnicity:

Other