Case: Rodriguez v. Finan

2:15-cv-02317 | U.S. District Court for the District of South Carolina

Filed Date: June 8, 2015

Closed Date: Oct. 30, 2022

Clearinghouse coding in progress

Case Summary

Named plaintiffs filed this class action lawsuit on June 8, 2015, in the U.S. District Court for the District of South Carolina against the South Carolina Commission on Higher Education (“CHE”), the College of Charleston, and Trident Technical College. Their lawsuit challenged the defendants’ policies classifying U.S. citizen students residing in South Carolina as non-residents for the purposes of tuition, state merit scholarships, and need-based grants if they are dependents of parents who are…

Named plaintiffs filed this class action lawsuit on June 8, 2015, in the U.S. District Court for the District of South Carolina against the South Carolina Commission on Higher Education (“CHE”), the College of Charleston, and Trident Technical College. Their lawsuit challenged the defendants’ policies classifying U.S. citizen students residing in South Carolina as non-residents for the purposes of tuition, state merit scholarships, and need-based grants if they are dependents of parents who are not U.S. citizens, lawful permanent residents, or immigrants in an authorized visa category. The plaintiffs filed suit under 42 U.S.C. § 1983 and argued that the defendants’ policy of classifying U.S. citizen students as non-residents solely on the basis of their parents’ immigration status violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Represented by the South Carolina Appleseed Legal Justice Center, Southern Poverty Law Center, and private counsel, the plaintiffs sought declaratory and injunctive relief, attorneys’ fees, and other costs. U.S. District Judge Bruce H. Hendricks presided over this case.

Four days later, the plaintiffs filed motions both for class certification and for a preliminary injunction. The court, on August 13, 2015, denied the plaintiffs’ latter motion. Although the motion for preliminary injunction was made on behalf of all three named plaintiffs, two of the plaintiffs were in discussion with the defendants that might have rendered equitable relief unnecessary. Therefore, the court determined that only the immediate tuition needs of one of the plaintiffs required consideration. In denying the motion for a preliminary injunction, the court reasoned that the plaintiff’s immediate needs could be rectified with an affirmation that CHE’s view—that the regulation provides for a rebuttable presumption that a dependent applicant’s residency is the same as their parent’s—should control.

On October 30, 2015, the plaintiffs reached settlement agreements with the Presidents of the College of Charleston and Trident Technical College. As such, those defendants were dismissed from the case. The details of those settlement agreements are not available to the Clearinghouse, but the court retained jurisdiction for the enforcement of at least some provisions for a period of five to seven years.

On March 31, 2016, the court denied the plaintiffs’ motion for class certification with permission to refile once an adequate factual record had been developed. In that same order, the court also denied the defendants’ motion to dismiss. The court reasoned that it was plausible at the pleading stage that the defendants were not entitled to legislative immunity because the function they performed was arguably not legislative in nature. 

About one month later, the parties stipulated to a dismissal with prejudice as to the remaining CHE defendants. It is not known to the Clearinghouse whether this dismissal was accompanied by a settlement agreement.

Summary Authors

Saba Khan (10/14/2022)

Documents in the Clearinghouse

Document
1

Complaint

June 8, 2015

June 8, 2015

Complaint
76

2:15-cv-02317

Order and Opinion

Aug. 13, 2015

Aug. 13, 2015

Order/Opinion
89

2:15-cv-02317

Joint Motion to Dismiss Defendants McConnell and Thornley Pursuant to Settlement Agreements

Oct. 23, 2015

Oct. 23, 2015

Pleading / Motion / Brief
106

2:15-cv-02317

Opinion and Order

March 31, 2016

March 31, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5352183/rodriguez-v-finan/

Last updated Dec. 24, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-5989757.), filed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Service due by 10/9/2015(alew, ) (Entered: 06/09/2015)

June 8, 2015

June 8, 2015

PACER
3

Local Rule 26.01 Answers to Interrogatories by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez.(alew, ) (Entered: 06/09/2015)

June 8, 2015

June 8, 2015

PACER
4

Summons Issued as to All Defendants. (Attachments: # 1 List of Defendants)(alew, ) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
6

First MOTION to Appear Pro Hac Vice by Michelle LaPointe ( Filing fee $ 250 receipt number 0420-5999664) by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 6/29/2015. (Attachments: # 1 Supporting Documents Application for Admission PHV, # 2 Proposed Order Proposed Order of Admission Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Attachment 1 replaced on 6/16/2015) (alew, ). Modified on 6/16/2015 to replace with corrected document provided by filing user(alew, ). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
7

First MOTION to Appear Pro Hac Vice by Eunice Cho ( Filing fee $ 250 receipt number 0420-5999707) by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 6/29/2015. (Attachments: # 1 Supporting Documents Application for Admission Pro Hac Vice, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Attachment 1 replaced on 6/29/2015) (alew, ). Modified on 6/29/2015 to replace with corrected document provided by filing user(alew, ). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
8

First MOTION to Appear Pro Hac Vice by James Knoepp ( Filing fee $ 250 receipt number 0420-5999713) by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 6/29/2015. (Attachments: # 1 Supporting Documents Application for Admission PHV, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Attachment 1 replaced on 7/13/2015) (alew, ). Modified on 7/13/2015 to replace with corrected documents provided by filing user (alew, ). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
9

First MOTION for Preliminary Injunction by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 6/29/2015. (Attachments: # 1 Memo in Support Memorandum in Support of Motion for Preliminary Injunction, # 2 Affidavit Affidavit of Rojas Rodriguez, # 3 Affidavit Affidavit of Carreno, # 4 Affidavit Affidavit of Velasquez, # 5 Exhibit CHE Approved Visa Classifications for Residency, # 6 Exhibit Richard Sutton, CHE Director, A Review of Parity Funding for South Carolina Higher Education)No proposed order.(Suggs, Steve) Modified on 8/25/2015 see Supplement 73 and 74 (alew, ). Modified on 8/25/2015 to add linkages (alew, ). (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
10

First MOTION to Certify Class by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 6/29/2015. (Attachments: # 1 Memo in Support Memo in Support of Class Certification, # 2 Exhibit Affidavit of Plaintiff Rojas Rodriguez, # 3 Exhibit Affidavit of Plaintiff Carreno, # 4 Exhibit Affidavit of Plaintiff Velasquez, # 5 Exhibit Declaration of Randy Capps, # 6 Exhibit Declaration of James Knoepp)No proposed order.(Suggs, Steve) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
11

TEXT ORDER granting 6 Motion to Appear Pro Hac Vice as to Michelle R. Lapointe for plaintiffs. Signed by Honorable Bruce Howe Hendricks on 6/16/15.(alew, ) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
12

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Allison Dean Love served on 6/15/2015, answer due 7/6/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
13

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Bettie Rose Horne served on 6/15/2015, answer due 7/6/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
14

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Clark Parker served on 6/22/2015, answer due 7/13/2015. (Attachments: # 1 Affidavit Affidavit of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
15

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Dianne Kuhl served on 6/15/2015, answer due 7/6/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
16

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Evans Whitaker served on 6/17/2015, answer due 7/8/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
17

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Glenn McConnell served on 6/17/2015, answer due 7/8/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
18

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Hood Temple served on 6/18/2015, answer due 7/9/2015. (Attachments: # 1 Affidavit Affidavit of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
19

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Jennifer Settlemyer served on 6/17/2015, answer due 7/8/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
20

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. John L Finan served on 6/15/2015, answer due 7/6/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
21

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Julie Carullo served on 6/16/2015, answer due 7/7/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
22

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Kim Phillips served on 6/16/2015, answer due 7/7/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
23

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Louis Lynn served on 6/23/2015, answer due 7/14/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
24

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Mary Thornley served on 6/17/2015, answer due 7/8/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
25

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Paul Batson served on 6/15/2015, answer due 7/6/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
26

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Terrye Seckinger served on 6/16/2015, answer due 7/7/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
27

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Tim Hofferth served on 6/16/2015, answer due 7/7/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
28

NOTICE of Appearance by Andrew F Lindemann on behalf of Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker (Lindemann, Andrew) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
29

MOTION for Extension of Time to File Response/Reply as to 10 First MOTION to Certify Class, 9 First MOTION for Preliminary Injunction by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 7/17/2015. No proposed order.(Lindemann, Andrew) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
30

TEXT ORDER granting 29 Motion for Extension of Time to File Response/Reply re 9 First MOTION for Preliminary Injunction, 10 First MOTION to Certify Class . Response to Motion due by 7/13/2015. Signed by Honorable Bruce Howe Hendricks on 6/30/15.(alew, ) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
31

NOTICE of Appearance by Henry Wilkins Frampton, IV and Joshua Dixon on behalf of Glenn McConnell, Mary Thornley (Frampton, Henry) Modified on 7/1/2015 to edit text(alew, ). (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
32

MOTION for Extension of Time to Respond to 9 Motion for Preliminary Injunction and 10 Motion to Certify Class by Glenn McConnell, Mary Thornley. Response to Motion due by 7/17/2015. No proposed order.(Frampton, Henry) Modified on 7/1/2015 to add linkage(alew, ). (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
34

SUMMONS Returned Executed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Charles Munns served on 6/26/2015, answer due 7/17/2015. (Attachments: # 1 Affidavit Proof of Service)(Suggs, Steve) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
35

TEXT ORDER granting 32 Motion for Extension of Time to Respond to Motion for 9 Preliminary Injunction and 10 Motion to Certify Class. Deadline extended up to and including 7/13/15. Signed by Honorable Bruce Howe Hendricks on 7/2/15.(alew, ) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
37

NOTICE of Request for Protection from Court Appearance by Andrew F Lindemann for July 20, 2015 through August 4, 2015 and August 13-14, 2015 (Lindemann, Andrew) (Entered: 07/03/2015)

July 3, 2015

July 3, 2015

PACER
38

ANSWER to 1 Complaint by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker.(Lindemann, Andrew) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

PACER
39

Local Rule 26.01 Answers to Interrogatories by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker.(Lindemann, Andrew) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
40

CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/28/2015, 26(a) Initial Disclosures due by 8/11/2015, Rule 26 Report due by 8/11/2015, Motions to Amend Pleadings due by 9/1/2015, Plaintiffs ID of Expert Witness due by 10/1/2015, Defendants ID of Expert Witnesses Due by 11/2/2015, Records Custodian Affidavit due by 11/2/2015, Discovery due by 1/4/2016, Motions due by 2/3/2016, Bench Trial Deadline 5/3/2016, Mediation Due by 1/4/2016. Signed by Honorable Bruce Howe Hendricks on 7/7/15. (alew, ) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
41

MEDIATION ORDER: Mediation Due by 1/4/2016. Signed by Honorable Bruce Howe Hendricks on 7/7/15. (alew, ) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
42

Second MOTION for Extension of Time to File Response/Reply as to 10 First MOTION to Certify Class, 9 First MOTION for Preliminary Injunction by Glenn McConnell, Mary Thornley. Response to Motion due by 7/30/2015. No proposed order.(Frampton, Henry) (Main Document 42 replaced on 7/13/2015) (alew, ). Modified on 7/13/2015 to replace with corrected document per attorney request (alew, ). (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
43

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice.; granting 8 Motion to Appear Pro Hac Vice as to Eunice Cho and James Knoepp for plaintiffs. Signed by Honorable Bruce Howe Hendricks on 7/13/15.(alew, ) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
44

Second MOTION for Extension of Time to File Response/Reply as to 10 First MOTION to Certify Class, 9 First MOTION for Preliminary Injunction by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 7/30/2015. No proposed order.(Lindemann, Andrew) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
45

RESPONSE in Opposition re 9 First MOTION for Preliminary Injunction Response filed by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker.Reply to Response to Motion due by 7/23/2015 (Lindemann, Andrew) (Main Document 45 replaced on 7/14/2015) (alew, ). Modified on 7/14/2015 to replace with corrected document per attorney request(alew, ). (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
46

RESPONSE in Opposition re 10 First MOTION to Certify Class Response filed by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker.Reply to Response to Motion due by 7/23/2015 (Lindemann, Andrew) (Main Document 46 replaced on 7/14/2015) (alew, ). Modified on 7/14/2015 to replace with corrected document per attorney request(alew, ). (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
47

NOTICE of Appearance by Tammy Lynn Besherse on behalf of Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez (Besherse, Tammy) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
49

MOTION for Telephonic Status Conference and Hearing by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 7/31/2015. No proposed order.(Besherse, Tammy). Added MOTION for Hearing on 7/15/2015; modified to add motion relief (alew, ). (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
50

DELETION OF DOCKET ENTRY NUMBER 48 Reason: attorney refiled to make correction. Corrected Filing Document Number 49 . (alew, ) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
51

NOTICE of Hearing: Telephone Conference set for Tuesday, 7/28/2015 01:30 PM in Charleston Hollings Judicial Center Visiting Judge's Chambers before Honorable Bruce Howe Hendricks. (alew, ) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
52

REPLY to Response to Motion re 9 First MOTION for Preliminary Injunction Response filed by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. (Attachments: # 1 Exhibit Correspondence Between Converse College and the CHE Related to Cristal Carreno, # 2 Exhibit CHE Residency Workshop 2014, # 3 Exhibit Memorandum from Defendant Julie Carullo, Acting Executive Director of the CHE, Relating to Students with Deferred Action for Childhood Arrivals, # 4 Exhibit Converse College 2015-2016 Financial Aid Package to Carreno)(Besherse, Tammy) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
53

REPLY to Response to Motion re 10 First MOTION to Certify Class Response filed by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. (Attachments: # 1 Exhibit Correspondence Between Converse College and the CHE Related to Cristal Carreno)(Suggs, Steve) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
54

AMENDED NOTICE OF HEARING: **Please note that the previously scheduled Telephone Conference has been changed to a courtroom hearing** : Status Conference set for Tuesday, 7/28/2015 01:30 PM in Charleston Courtroom #2, Hollings Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (alew, ) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
55

Letter from Andrew F. Lindemann. (Lindemann, Andrew) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
56

MOTION for Extension of Time with Plaintiffs' Consent by Glenn McConnell, Mary Thornley. Response to Motion due by 8/10/2015. No proposed order.(Frampton, Henry) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
57

MOTION to Continue Hearing/Status Conference Scheduled for July 28, 2015 by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 8/13/2015. No proposed order.(Lindemann, Andrew) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
58

Amended ANSWER to 1 Complaint by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker(Lindemann, Andrew) Modified on 7/27/2015 to add party listed on document as filer (alew, ). (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
59

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Judgment on the Pleadings by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 8/13/2015. (Attachments: # 1 Memo in Support)No proposed order.(Lindemann, Andrew). Added MOTION for Judgment on the Pleadings on 7/27/2015; modified to add motion relief (alew, ). (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
60

NOTICE of Cancellation of Hearing: Status Conference, Charleston, 7/28/15 @ 1:30 pm. (alew, ) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
61

TEXT ORDER granting 57 Motion to Continue Status Conference. Hearing will be rescheduled at a later date. Signed by Honorable Bruce Howe Hendricks on 7/27/15.(alew, ) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
62

TEXT ORDER granting 56 Motion for Extension of Time as to all outstanding deadlines for defendants McConnell and Thornley. Signed by Honorable Bruce Howe Hendricks on 7/28/15.(alew, ) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
65

NOTICE of Request for Protection from Court Appearance by Henry Wilkins Frampton, IV for 9/21/15 thru 10/02/15 (Frampton, Henry) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
66

Second MOTION for Hearing re 9 First MOTION for Preliminary Injunction by Cristal Carreno, Alan Velaxquez, Antonio Rojas Rodriguez. Response to Motion due by 8/28/2015. No proposed order.(Suggs, Steve) Modified on 8/12/2015 to add parties listed as filers(alew, ). (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
67

Local Rule 26.03 Answers to Interrogatories by Glenn McConnell, Mary Thornley.(Frampton, Henry) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
68

Plaintiffs' Local Rule 26.03 Answers to Interrogatories by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez.(Suggs, Steve) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
69

Joint Rule 26(f) Report by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez, Evans Whitaker, Mary Thornley, Hood Temple, Jennifer Settlemyer, Terrye Seckinger, Kim Phillips, Clark Parker, Charles Munns, Glenn McConnell, Louis Lynn, Allison Dean Love, Dianne Kuhl, Bettie Rose Horne, Tim Hofferth, John L Finan, Julie Carullo, Paul Batson (Attachments: # 1 Supporting Documents Joint Rule 26(f) Discovery Plan)(Suggs, Steve) Modified on 8/12/2015 to add parties listed as filers (alew, ). (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
70

Local Rule 26.03 Answers to Interrogatories by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker.(Lindemann, Andrew) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
71

TEXT ORDER granting 66 Motion for Hearing. Signed by Honorable Bruce Howe Hendricks on 8/12/15.(alew, ) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
72

NOTICE of Hearing on Motion 9 First MOTION for Preliminary Injunction : Motion Hearing set for Thursday, 8/13/2015 10:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Bruce Howe Hendricks. (alew, ) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
73

SUPPLEMENT by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez to 9 First MOTION for Preliminary Injunction Supplemental Evidence in Support of Motion for Preliminary Injunction. (Besherse, Tammy) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
74

SUPPLEMENT by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez to 9 First MOTION for Preliminary Injunction Supplemental Exhibits in Support of Motion for Preliminary Injunction. (Attachments: # 1 Exhibit Birth Certificate and Passport, Cristal Carreno, # 2 Exhibit South Carolina Drivers' License, Diploma of Cristal Carreno, # 3 Exhibit South Carolina Tax Forms, Mr. Juan Carreno, # 4 Exhibit High School Transcript, Cristal Carreno, # 5 Exhibit Converse College Transcript, Cristal Carreno, # 6 Exhibit Financial Aid Letters, Converse College to Cristal Carreno, # 7 Exhibit Converse College Financial Aid Department Emails Re: Cristal Carreno, # 8 Exhibit Converse College Financial Aid Emails Re: Jacqueline Torres)(Besherse, Tammy) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
75

Minute Entry. Proceedings held before Honorable Bruce Howe Hendricks: taking under advisement 9 Motion for Preliminary Injunction; Motion Hearing held on 8/13/2015 re 9 First MOTION for Preliminary Injunction filed by Alan Velasquez, Antonio Rojas Rodriguez, Cristal Carreno. Court Reporter Karen Martin. (fbos, ) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
76

ORDER AND OPINION denying 9 Motion for Preliminary Injunction as set out. Signed by Honorable Bruce Howe Hendricks on 8/13/15.(alew, ) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

Clearinghouse
77

RESPONSE in Opposition re 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or MOTION for Judgment on the Pleadings. esponse filed by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez.Reply to Response to Motion due by 8/27/2015 (Besherse, Tammy) Modified on 8/18/2015 to edit text (alew). (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
78

MOTION for Extension of Time to File Response/Reply as to 10 First MOTION to Certify Class and 9 Motion for Preliminary Inunction with Plaintiff's Consent by Glenn McConnell, Mary Thornley. Response to Motion due by 9/8/2015. No proposed order.(Frampton, Henry) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
79

TEXT ORDER granting 42 Motion for Extension of Time to File Response/Reply re 10 First MOTION to Certify Class ( Response to Motion due by 9/23/2015.); granting 44 Motion for Extension of Time to File Response/Reply re 10 First MOTION to Certify Class ( Response to Motion due by 9/23/2015.); granting 49 Motion telephonic status conference; granting 49 Motion for Hearing ( Please note, hearing already held on 8/13/15); granting 78 Motion for Extension of Time to File Response/Reply re 10 First MOTION to Certify Class ( Response to Motion due by 9/23/2015.) Signed by Honorable Bruce Howe Hendricks on 8/24/15.(alew, ) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
80

MOTION for Extension of Time to File Response/Reply as to 77 Response in Opposition to Motion, by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 9/14/2015. No proposed order.(Lindemann, Andrew) (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

PACER
81

TEXT ORDER granting 80 Motion for Extension of Time to File Response/Reply re 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Judgment on the Pleadings MOTION for Judgment on the Pleadings. Reply to Response to Motion due by 8/28/2015. Signed by Honorable Bruce Howe Hendricks on 8/28/15.(alew, ) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
82

REPLY to Response to Motion re 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Judgment on the Pleadings MOTION for Judgment on the Pleadings Response filed by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. (Lindemann, Andrew) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
84

MOTION for Extension of Time to File Response/Reply as to 10 First MOTION to Certify Class and 9 Motion for Preliminary Injunction with the consent of Plaintiffs by Glenn McConnell, Mary Thornley. Response to Motion due by 10/5/2015. No proposed order.(Frampton, Henry) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
85

PLAINTIFF'S ID OF EXPERT WITNESSES Dr. Randy Capps by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez.(Suggs, Steve) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
86

TEXT ORDER granting 84 Motion for Extension of Time to File Response/Reply re 10 First MOTION to Certify Class . Response to Motion due by 10/23/2015. Signed by Honorable Bruce Howe Hendricks on 10/8/15.(alew, ) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
88

AFFIDAVIT in Support re 9 First MOTION for Preliminary Injunction Response filed by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. (Attachments: # 1 Affidavit of Julie Carullo, # 2 Exhibit A-(Residency for Tuition/Fee and State Scholarship/Grant Purposes), # 3 Exhibit B-(October 2, 2015 Gary S. Glenn Memorandum), # 4 Exhibit C-(Email Transmittal)) Refiled by clerk to correct document provided by filing user(alew, ) Modified on 10/22/2015 to edit text(alew, ). (Entered: 10/22/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
89

Joint MOTION to Dismiss by Glenn McConnell, Antonio Rojas Rodriguez, Mary Thornley, Alan Velasquez. Response to Motion due by 11/9/2015. (Attachments: # 1 Exhibit A-C of C Settlement Agreement and Release, # 2 Exhibit B-TTC Settlement Agreement, # 3 Exhibit C-Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel. Filed by clerk due to attorney's technical difficulties.(alew, ) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

Clearinghouse
90

DECLARATION by Glenn McConnellre 89 MOTION to Dismiss . (Attachments: # 1 Exhibit Foster Declaration)(Frampton, Henry) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
91

ORDER granting 89 Motion to Dismiss as to Defendants McConnell and Thornley only. Signed by Honorable Bruce Howe Hendricks on 10/30/15.(alew, ) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

RECAP
94

MOTION for Confidentiality Order by Paul Batson, Julie Carullo, John L Finan, Tim Hofferth, Bettie Rose Horne, Dianne Kuhl, Allison Dean Love, Louis Lynn, Charles Munns, Clark Parker, Kim Phillips, Terrye Seckinger, Jennifer Settlemyer, Hood Temple, Evans Whitaker. Response to Motion due by 12/21/2015. (Attachments: # 1 Consent Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Lindemann, Andrew) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
95

ORDER granting 94 Motion for Confidentiality Order; Consent Confidentiality Order. Signed by Honorable Bruce Howe Hendricks on 12/2/15.(alew, ) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
96

Joint MOTION for Extension of Time to Complete Discovery and extend other Deadlines by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 1/4/2016. (Attachments: # 1 Proposed Order Joint Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
97

TEXT ORDER granting 96 Motion for Extension of Time to Complete Discovery. Signed by Honorable Bruce Howe Hendricks on 12/17/15.(alew, ) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
98

AMENDED SCHEDULING ORDER: Discovery due by 3/4/2016, Motions due by 4/4/2016, Mediation Due by 3/4/2016. Signed by Honorable Bruce Howe Hendricks on 12/17/15. (alew, ) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
99

First MOTION to Appear Pro Hac Vice by Gillian Gillers ( Filing fee $ 250 receipt number 0420-6354988) by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 2/5/2016. (Attachments: # 1 Affidavit Application/Affidavit, # 2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Suggs, Steve) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
100

TEXT ORDER granting 99 Motion to Appear Pro Hac Vice as to Gillian Gillers for the plaintiffs. Signed by Honorable Bruce Howe Hendricks on 1/20/16.(alew, ) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
101

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 8/13/15 before Judge Bruce H. Hendricks. Court Reporter Karen E. Martin, Telephone number/E-mail 864-201-8411, Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016. (kmartin) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
103

First MOTION for Extension of Time re: 98 Amended Scheduling Order by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. Response to Motion due by 4/4/2016. (Attachments: # 1 Proposed Order Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Besherse, Tammy) Modified on 3/21/2016 to add linkage(alew, ). (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
104

TEXT ORDER granting 103 Motion for Extension of Time as set out. Signed by Honorable Bruce Howe Hendricks on 3/21/16.(alew, ) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
105

AMENDED SCHEDULING ORDER: Motions due by 5/6/2016, Bench Trial Deadline 11/8/2016. Signed by Honorable Bruce Howe Hendricks on 3/21/16. (alew, ) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
106

OPINION and ORDER denying 59 Motion to Dismiss for Failure to State a Claim; denying 59 Motion for Judgment on the Pleadings; denying 10 Motion to Certify Class as set out. Signed by Honorable Bruce Howe Hendricks on 3/31/16.(alew, ) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

Clearinghouse
107

STIPULATION of Dismissal With Prejudice by Cristal Carreno, Antonio Rojas Rodriguez, Alan Velasquez. (Suggs, Steve) (Main Document 107 replaced on 5/3/2016) (alew, ). Modified on 5/3/2016 to replace with corrected document provided by filing user (alew, ). (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

RECAP

Case Details

State / Territory: South Carolina

Case Type(s):

Education

Immigration and/or the Border

Key Dates

Filing Date: June 8, 2015

Closing Date: Oct. 30, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Dependent students who are U.S. citizens, were born in the United States, graduated from South Carolina high schools, and have lived in South Carolina for many years, but cannot prove that their parents are U.S. citizens or have certain specified immigration statuses.

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: Denied

Defendants

South Carolina Commission on Higher Education, State

College of Charleston, Non-profit or advocacy

Trident Technical College, Non-profit or advocacy

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

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:

Voluntary Dismissal

Order Duration: 2015 - 2022

Issues

General:

Classification / placement

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

School/University policies

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Status/Classification