Case: Das v. Brantley

1:16-cv-01367 | U.S. District Court for the Northern District of Georgia

Filed Date: April 27, 2016

Closed Date: Feb. 21, 2018

Clearinghouse coding complete

Case Summary

This case was about a challenge to a Georgia policy that directed state officials to deny driver’s licenses to people based on their past, rather than current, immigration status. On April 27, 2016, a group of private plaintiffs filed this putative class action under 42 U.S.C. §1983 against Bert Brantley, Commissioner of the Georgia Department of Driver Services (DDS), in the U.S. District Court for the Northern District of Georgia. Represented by the Southern Poverty Law Center and private cou…

This case was about a challenge to a Georgia policy that directed state officials to deny driver’s licenses to people based on their past, rather than current, immigration status.

On April 27, 2016, a group of private plaintiffs filed this putative class action under 42 U.S.C. §1983 against Bert Brantley, Commissioner of the Georgia Department of Driver Services (DDS), in the U.S. District Court for the Northern District of Georgia. Represented by the Southern Poverty Law Center and private counsel, the plaintiffs alleged that the DDS policy categorically denied driver’s licenses to immigrants who, despite having current authorization to stay and work in the United States, were unable to demonstrate a history of continuous lawful presence in violation of the Fourteenth Amendment’s Equal Protection Clause. The plaintiffs also alleged that the DDS policy violated the Constitution’s Supremacy Clause by usurping the exclusive authority of the federal government to determine an individual’s immigration status. The case was assigned to District Judge Leigh Martin May.

The plaintiffs sought class certification to represent a class of individuals living in Georgia who had currently pending applications to adjust status to lawful permanent resident and to whom DDS was refusing to issue or would refuse to issue driver’s licenses as a result of its policy. In relief, the plaintiffs sought a declaratory judgment that the DDS policy is unconstitutional and preempted by federal law; a preliminary injunction preventing DDS from continuing the policy, and attorneys’ fees.

On May 5, 2016, the plaintiffs filed a motion for preliminary injunction, arguing that they were actively being harmed by the DDS’s policy of illegally withholding drivers licenses. They moved to certify the class on May 16, 2016. 

The defendant filed two motions on May 17, 2016: one to dismiss for failure to state a claim and a second to stay discovery-related activity until the motion to dismiss was adjudicated. The defendant argued that the matter was moot because DDS had issued a driver’s license to the plaintiffs. The plaintiffs opposed the motion to dismiss, but did not oppose the motion to stay, which the court granted on May 23, 2016.

In a hearing on June 7, 2016, Judge Leigh again stayed the case until June 28, 2016 and ordered the parties to confer regarding a consent order to resolve any remaining issues. The parties began settlement negotiations, and on June 29 requested the court to extend the stay until July 13. 

On July 15, 2016, the parties informed the court that they had reached a tentative settlement agreement and requested another extension of the stay. The agreement provided that DDS issued licenses to the plaintiffs, ended the policy at issue, outlined procedures the DDS would follow going forward, and outlined enforcement and reporting mechanisms to ensure that DDS would diligently adhere to the agreement, including that the court would retain jurisdiction for one year following a 180-day stay of the case. The agreement also awarded plaintiffs $35,000 in attorneys’ fees. 

On August 15, the court stayed the case for 180 days pursuant to the settlement agreement. On February 21, 2017, the court granted the parties’ joint motion that it would retain jurisdiction over the case pursuant to the settlement agreement. On March 2, 2017 the plaintiffs contingently dismissed the case without displacing the court’s retention of jurisdiction for one year.

The case is closed.

Summary Authors

Terry Howard (1/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6135637/parties/das-v-brantley/


Judge(s)

May, Leigh Martin (Georgia)

Attorney for Plaintiff

Chaney, Justin W. (Georgia)

Gillers, Gillian Brett (Georgia)

Graunke, Kristi L. (Georgia)

Attorney for Defendant

Drolet, Joseph J. (Georgia)

show all people

Documents in the Clearinghouse

Document
1

1:16-cv-01367

Complaint - Class Action

April 27, 2016

April 27, 2016

Complaint

1:16-cv-01367

Settlement Agreement

July 28, 2016

July 28, 2016

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6135637/das-v-brantley/

Last updated March 8, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Nil Govind Das, Jorge Rosillo Zaragoza, Steffani Mowat, Rosario Juarez Alegria, Victor Escobedo, and Saed Guled. ( Filing fee $ 400 receipt number 113E-6423637.) (Attachments: # 1 Civil Cover Sheet)(jkl) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/27/2016)

1

View on RECAP

April 27, 2016

April 27, 2016

Clearinghouse
2

Electronic Summons Issued as to Bert Brantley. (jkl) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER
3

STANDING ORDER Regarding Civil Litigation in cases proceeding before Judge May. Signed by Judge Leigh Martin May on 4/27/16. (ddm) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

RECAP
4

Return of Service Executed by Nil Govind Das, Jorge Rosillo Zaragoza, Steffani Mowat, Rosario Juarez Alegria, Victor Escobedo, Saed Guled. All Defendants. (Graunke, Kristi) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
5

MOTION for Preliminary Injunction and to Expedite Consideration with Brief In Support by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Brief Brief in Support of Motion for Preliminary Injunction and to Expedite Consideration, # 2 Exhibit Index of Exhibits, # 3 Exhibit Ex. 1: Nil G. Das Declaration, # 4 Exhibit Ex. 2: Saed Guled Declaration, # 5 Exhibit Ex. 3: Steffani Mowat Declaration, # 6 Exhibit Ex. 4: Rosario Juarez Alegria Declaration, # 7 Exhibit Ex. 5: Victor Escobedo Declaration, # 8 Exhibit Ex. 6: Jorge Rosillo Zaragoza Declaration, # 9 Exhibit Ex. 7: Justin Chaney Declaration, # 10 Exhibit Ex. 8: Peter Hill Declaration, # 11 Exhibit Ex. 9: DDS Brief Filed in Ochoa Chavez v. Mikell, # 12 Exhibit Ex. 10: McClendon Testimony in Villegas Torres v. Mikell, # 13 Exhibit Ex. 11: Jennifer Bensman Declaration, # 14 Exhibit Ex. 12: Edivette Lopez-Benn Declaration, # 15 Exhibit Ex. 13: Order in Villegas Torres v. Mikell, # 16 Exhibit Ex. 14: Order in Ochoa Chavez v. Mikell)(Gillers, Gillian) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
6

Request for Leave of Absence for the following date(s): May 31-June 16, 2016 by Kristi L. Graunke. (Graunke, Kristi) Modified on 5/5/2016 to edit docket text (ddm). (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
7

NOTICE of Appearance by Amy Kirsten Millard Radley on behalf of Bert Brantley (Radley, Amy) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
8

MOTION to Certify Class and to Appoint Class Counsel with Brief In Support by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Brief Brief in Support of Motion for Class Certification and Appointment of Class Counsel, # 2 Exhibit Exhibit Index, # 3 Exhibit Ex. 1: N. Das Declaration, # 4 Exhibit Ex. 2: S. Guled Declaration, # 5 Exhibit Ex. 3: S. Mowat Declaration, # 6 Exhibit Ex. 4: R. Juarez Alegria Declaration, # 7 Exhibit Ex. 5: V. Escobedo Declaration, # 8 Exhibit Ex. 6: J. Rosillo Zaragoza Declaration, # 9 Exhibit Ex. 7: J. Chaney Declaration, # 10 Exhibit Ex. 8: P. Hill Declaration, # 11 Exhibit Ex. 9: DDS Brief in Ochoa Chavez v. Mikell, # 12 Exhibit Ex. 10: McClendon Testimony in Villegas Torres v. Mikell, # 13 Exhibit Ex. 11: J. Bensman Declaration, # 14 Exhibit Ex. 12: E. Lopez-Benn Declaration, # 15 Exhibit Ex. 13: Order in Villegas Torres v. Mikell, # 16 Exhibit Ex. 14: Order in Ochoa Chavez v. Mikell, # 17 Exhibit Ex. 15: G. Gillers Declaration, # 18 Exhibit Ex. 16: K. Graunke Declaration, # 19 Exhibit Ex. 17: M. Cohen Declaration)(Gillers, Gillian) . Added MOTION to Appoint Counsel on 5/17/2016 (ddm). (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Mootness with Brief In Support by Bert Brantley. (Attachments: # 1 Brief Brief in Support, # 2 Affidavit Affidavit of Angelique McClendon)(Radley, Amy) (Entered: 05/17/2016)

1

View on RECAP

2

View on PACER

May 17, 2016

May 17, 2016

RECAP
10

MOTION to Stay All Discovery-Related Activities with Brief In Support by Bert Brantley. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion to Stay)(Radley, Amy) (Entered: 05/17/2016)

1 Text of Proposed Order Proposed Order on Motion to Stay

View on PACER

May 17, 2016

May 17, 2016

PACER
11

RESPONSE in Opposition re 5 MOTION for Preliminary Injunction and to Expedite Consideration filed by Bert Brantley. (Radley, Amy) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
12

Request for Leave of Absence for the following date(s): June 20-21, Jul 1-5, September 27-30, 2016, by Amy Kirsten Millard Radley. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Leave)(Radley, Amy) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
13

STIPULATION Pursuant to LR 23.1(B) by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Graunke, Kristi) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
14

RESPONSE in Opposition re 10 MOTION to Stay All Discovery-Related Activities Opposing in Part Motion to Stay filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Graunke, Kristi) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

RECAP
15

NOTICE Of Filing by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza re 14 Response in Opposition to Motion, (Attachments: # 1 Text of Proposed Order Ex. A - Proposed Order Granting in Part and Denying in Part Defendant's Motion to Stay All Discovery-Related Activities)(Graunke, Kristi) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
16

ORDER granting in part and denying in part 10 Motion to Stay. The commencement of the discovery period in this case shall be stayed until after this Court rules on Defendant's Motion to Dismiss. (Please See Complete Order for Other Specifics of Order). Signed by Judge Leigh Martin May on 05/23/16. (fap) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
17

Joint Certificate of Interested Persons by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Gillers, Gillian) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
18

MOTION for Extension of Time to File a Response re: 8 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel with Brief In Support by Bert Brantley. (Attachments: # 1 Text of Proposed Order Order on Defendant's Motion for Extension of Time)(Radley, Amy) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
19

RESPONSE in Opposition re 18 MOTION for Extension of Time to File a Response re: 8 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Exhibit A - Proposed Stipulation, # 2 Text of Proposed Order)(Graunke, Kristi) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
20

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Mootness filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit Ex. 18: Das 2d. Declaration, # 3 Exhibit Ex. 19: Guled 2d. Declaration, # 4 Exhibit Ex. 20: Mowat 2d Declaration, # 5 Exhibit Ex. 21: Juarez Alegria 2d Declaration, # 6 Exhibit Ex. 22: Escobedo 2d Declaration, # 7 Exhibit Ex. 23: Rosillo Zaragoza 2d Declaration, # 8 Exhibit Ex. 24: SPLC Letter to DDS, Feb. 17, 2016)(Gillers, Gillian) (Entered: 06/03/2016)

1 Exhibit Exhibit Index

View on PACER

2 Exhibit Ex. 18: Das 2d. Declaration

View on PACER

3 Exhibit Ex. 19: Guled 2d. Declaration

View on PACER

4 Exhibit Ex. 20: Mowat 2d Declaration

View on PACER

5 Exhibit Ex. 21: Juarez Alegria 2d Declaration

View on PACER

6 Exhibit Ex. 22: Escobedo 2d Declaration

View on PACER

7 Exhibit Ex. 23: Rosillo Zaragoza 2d Declaration

View on PACER

8 Exhibit Ex. 24: SPLC Letter to DDS, Feb. 17, 2016

View on PACER

June 3, 2016

June 3, 2016

RECAP
21

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction and to Expedite Consideration filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit Ex. 18: Das 2d. Declaration, # 3 Exhibit Ex. 19: Guled 2d. Declaration, # 4 Exhibit Ex. 20: Mowat 2d. Declaration, # 5 Exhibit Ex. 21: Juarez Alegria 2d. Declaration, # 6 Exhibit Ex. 22: Escobedo 2d Declaration, # 7 Exhibit Ex. 23: Rosillo Zaragoza 2d Declaration, # 8 Exhibit Ex. 24: SPLC Letter to DDS)(Gillers, Gillian) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
22

Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 6/7/2016 to discuss Defendant's contention that the case is now moot. The Court STAYED the case until June 28, 2016. The parties shall confer regarding a consent order to resolve any remaining issues. The parties are DIRECTED to inform the Court by close of business on Thursday, June 9, 2016 if they would like the assistance of a Magistrate Judge with settlement discussions. If the parties are unable to resolve the case, a conference call will be held on Wednesday, June 29 at 2:00 p.m. (Court Reporter Montrell Vann)(ddm) (Entered: 06/08/2016)

June 7, 2016

June 7, 2016

PACER
23

Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 6/29/2016 to discuss the status of this case. At the parties' request, the Court extended the stay until July 13, 2016. If additional time is needed to conduct settlement negotiations or if the the parties decided the assistance of a Magistrate Judge in settlement negotiations would be helpful, the parties should contact Ms. Bachelor. If the parties are unable to resolve the case, a conference call will be held on Friday, July 15, 2016 at 2:00 p.m. (Court Reporter Montrell Vann)(ddm) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
24

Minute Entry for proceedings held before Judge Leigh Martin May: Telephone Conference held on 7/15/2016 to discuss the status of this case. The parties informed the Court that a tentative settlement agreement has been reached. At the parties' request, the Court continued the stay. (Court Reporter Andy Ashley)(hfm) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
25

Joint MOTION to Stay Proceedings by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Exhibit Ex. A: Settlement Agreement, # 2 Exhibit Ex. B: Proposed Order)(Gillers, Gillian) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
26

ORDER granting 25 Motion to Stay : This Court has reviewed the parties' Joint Motion for Stay of Proceedings 25 The Motion is GRANTED. This case is stayed for 180 days, starting on the date of the entry of this Order, as provided in paragraph 7 of the parties' settlement agreement ("the Agreement"), attached to the parties' joint motion. [25-1]. The Court will enforce the terms of the Agreement, as agreed by the parties in paragraphs 8-10 of the Agreement. (Doc. 25-1.) Signed by Judge Leigh Martin May on 8/15/16. (bnw) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
27

NOTICE to Plaintiffs by Bert Brantley re 26 Order on Motion to Stay,, (Attachments: # 1 Exhibit Attachment 1_Web Chart of Acceptable Documents for Non-Citizens, # 2 Exhibit Attachment 2_Updated Procedures, # 3 Exhibit Attachment 3_Save Pending Notice, # 4 Exhibit Attachment 4_Letter Lawful Status Not Confirmed)(Radley, Amy) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
28

RESPONSE re 27 Notice to Plaintiffs, filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Gillers, Gillian) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
29

NOTICE of Filing Defendant's Report by Bert Brantley re 26 Order on Motion to Stay. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Radley, Amy) Modified on 2/7/2017 to edit docket text to accurately reflect efiled pleading (hfm). (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
30

RESPONSE re 29 Notice of Filing Defendant's Report, filed by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Gillers, Gillian) Modified on 2/7/2017 (hfm). (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
31

NOTICE of Filing Defendant's Revised Report re 26 Order on Motion to Stay, by Bert Brantley (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Radley, Amy) Modified on 2/9/2017 to edit docket text to accurately reflect e-filed pleading (hfm). (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
32

ORDER: On August 15, 2016, this Court stayed this matter for 180 days pursuant to the settlement agreement. The Court EXTENDS the stay for an additional 14 days, through and including February 27, 2017, for the parties to resolve this issue. The parties are DIRECTED to SHOW CAUSE why this action should not be administratively closed by February 27, 2017. Failure to file a Response will indicate there is no opposition to closure. Signed by Judge Leigh Martin May on 2/9/17. (hfm) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
33

Joint MOTION for Order Retaining Jurisdiction by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Text of Proposed Order)(Gillers, Gillian) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
34

ORDER GRANTING 33 Joint Motion for Retention of Jurisdiction. The Court will retain jurisdiction for a period of 1 year subsequent to the dismissal of this case. This case is administratively closed with either party having the right to pen the case at any time. This does not impact the Court having jurisdiction to enforce settlement. Signed by Judge Leigh Martin May on 2/21/17. (bnw) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
35

Joint MOTION to Reopen Case for Purpose of Entering Order Dismissing Case Without Prejudice by Rosario Juarez Alegria, Nil Govind Das, Victor Escobedo, Saed Guled, Steffani Mowat, Jorge Rosillo Zaragoza. (Attachments: # 1 Text of Proposed Order Proposed Order)(Gillers, Gillian) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
36

ORDER granting 35 Motion to Reopen Case. The Court hereby re-opens this case and dismisses the case without prejudice pursuant to Fed. R. Civ. P. 4l (a)(2). This Order is contingent on and does not affect the Court's previous order of February 21, 2017 (Doc. 34 ), which provided that the Court will retain jurisdiction for a period of one (1) year subsequent to the dismissal of this case (the "Enforcement Period") to enforce the terms of the Settlement Agreement (Doc. 25-1 ). Signed by Judge Leigh Martin May on 3/2/17. (hfm) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 27, 2016

Closing Date: Feb. 21, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of private plaintiffs who were authorized to work in the United States as they waited for lawful permanent residency who were denied drivers licenses.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Georgia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Amount Defendant Pays: $35,000

Issues

General:

Drivers Licenses

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights