Case: Lozano v. City of Hazleton, Pennsylvania

3:06-cv-01586 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Aug. 15, 2006

Closed Date: Jan. 4, 2016

Clearinghouse coding complete

Case Summary

In this lawsuit, filed on August 15, 2006 in the U.S. District Court for the Middle District of Pennsylvania, two property owners challenged the Hazleton, Pennsylvania ordinance penalizing those who rent to or hire undocumented immigrants. This was the first city ordinance of its kind, and the lawsuit received a great deal of press. The ordinance, titled "Illegal Immigration Relief Act Ordinance" (Immigration Ordinance), immediately served as a model for several dozen other cities' similar enac…

The brought the complaint under 42 U.S.C. §1983, alleging that the ordinance violated the Supremacy Clause, the First Amendment, and the Due Process and Equal Protection Clauses of Fourteenth Amendment of the Constitution of the United States. The complaint also argued that the ordinance exceeded Hazleton's police powers, and violated the fundamental right to contract conferred by 42 U.S.C. § 1981 and the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.

The same day that the complaint was filed, the plaintiffs sent a letter to the City requesting that it revoke the Immigration Ordinance at the council meeting that evening. The City declined and instead passed a companion ordinance titled "Tenant Registration Ordinance" (Registration Ordinance).

Under threat of litigation, on September 1, 2006, the City entered a stipulation, filed with the District Court (Judge James M. Munley), to forego enforcement of the Immigration Ordinance until it gave the plaintiffs 20 days' notice and the plaintiffs agreed to forego seeking an injunction until there was an actual threat of enforcement. The City then began the process of passing a new version of the Immigration Ordinance; that new version was enacted on September 21, 2006, along with a third ordinance entitled the "Official English Ordinance."

On October 30, 2006, the plaintiffs filed a first amended complaint, challenging the amended ordinances (both the Immigration and the Registration Ordinances) and a motion for a preliminary injunction and temporary restraining order. The District Court granted plaintiffs' motion in part and entered a temporary restraining order on October 31, 2006. Lozano v. City of Hazleton, 459 F.Supp.2d 332 (M.D. Pa. 2006). On November 1, 2006, the District Court entered a scheduling order setting the matter for a hearing on the motion for preliminary injunction and consolidated it with the trial on the merits.

On November 11, 2006, the District Court extended the TRO for 120 days to allow the parties to conduct limited discovery and to fully brief the issues in advance of the Consolidated Trial, which would be set in January 2007. After discovery commenced, Plaintiffs moved for a protective order to allow plaintiffs to refrain from disclosing their identities and immigration status to defendants. The motion was granted over defendants' objection. Lozano v. City of Hazleton, 239 F.R.D. 397 (M.D. Pa. 2006).

On December 28, 2006, the City amended the Immigration Ordinance again, this time by adding an "implementation and process" section. Plaintiffs filed a second amended complaint, on January 12, 2007, to challenge the City's additional revisions to the Immigration and the Registration Ordinances. Defendant moved to dismiss and the plaintiffs in turn moved for summary judgment. The Court consolidated those motions with the trial. Several pre-trial rulings followed regarding contested evidentiary issues. Lozano v. City of Hazleton, 241 F.R.D. 252 (M.D. Pa. 2007) and Lozano v. City of Hazleton, No. 3:06-cv-01586, 2007 WL 775589 (M.D. Pa. Mar. 11, 2007).

The Court presided over the Consolidated Trial from March 12 through March 22, 2007. During the trial, the City again amended the Immigration Ordinance. The Court determined that it had jurisdiction to address only the new amended version, not prior versions.

On July 26, 2007, the District Court (Judge Munley) issued a 206-page Decision and Verdict declaring the Immigration and the Registration Ordinances unconstitutional and permanently enjoining the City from enforcing the ordinances. Judge Munley found the ordinances were pre-empted by federal law and violated plaintiffs' due process rights. He concluded: "[t]he genius of our Constitution is that it provides rights even to those who evoke the least sympathy from the general public. In that way, all in this nation can be confident of equal justice under its laws. Hazleton, in its zeal to control the presence of a group deemed undesirable, violated the rights of such people, as well as others within the community. Since the United States Constitution protects even the disfavored, the ordinances cannot be enforced." Lozano v. City of Hazleton, 496 F.Supp.2d 477, 555 (M.D. Pa. 2007).

The City filed a notice of appeal on August 23, 2007. The notice was amended the next day. Plaintiffs moved for an award of attorneys' fees and costs. The District Court agreed to reserve ruling on the fee application pending defendant's appeal.

The U.S. Court of Appeals for the Third Circuit (Judge Theodore McKee, Judge Richard Lowell Nygaard, and Judge Eugene Edward Siler) issued an opinion a full two years after hearing oral argument, on September 9, 2010. The court found that the plaintiffs did not have standing to challenge the Immigration Ordinance's private cause of action, but did have standing to challenge the housing provisions of the Immigration and the Registration Ordinances. On the merits, the court found that the Act was preempted by federal law because the power "to effectively prohibit residency based on immigration status that is so clearly within the exclusive domain of the federal government." 620 F.3d. 170.

Following the appellate court's ruling, the City petitioned the United States Supreme Court to hear an appeal. On July 8, 2011, the U.S. Supreme Court granted certiorari, vacated the judgment, and ordered the case remanded for further consideration in light of Chamber of Commerce v. Whiting. City of Hazleton, Pa. v. Lozano, 131 S. Ct. 2958 (2011).

Following remand, the Third Circuit ordered further briefing in light of the Supreme Court's decision. On July 26, 2013, the Third Circuit affirmed in part and reversed in part the District Court's order, granted six years earlier to the day. The Third Circuit, in an opinion written by Chief Judge Theodore McKee, again concluded that both the employment and housing provisions of the Hazleton ordinances were preempted by federal immigration law, and again affirmed the portion of the District Court's order enjoining enforcement of those provisions. Lozano v. City of Hazleton, 724 F.3d 297 (3d Cir. 2013), cert. denied, 134 S. Ct. 1491 (2014).

On remand to the District Court, the parties litigated the issue of plaintiffs' attorneys' fees. The parties were ordered to participate in a settlement conference with a magistrate judge. On October 6, 2015, Judge James M. Munley of the District Court granted the Plaintiffs' petition for attorneys’ fees in the amount of $1,379,089.51 and $47,594.70 in costs. On January 4, 2016, the judgement was satisfied. The case is now closed.

Summary Authors

Elizabeth Daligga (7/12/2012)

Dan Whitman (2/22/2015)

Dawn Lui (9/27/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4730934/parties/lozano-v-city-of-hazleton/

Judge(s)

Attorney for Plaintiff

Alvarez, Denise (New York)

Barron, George (Pennsylvania)

Bellman, Richard F (New York)

Attorney for Defendant

Adair, Andrew B. (Pennsylvania)

Expert/Monitor/Master/Other

Brown, Leonard G. (Pennsylvania)

Judge(s)

Carlson, Martin C. (Pennsylvania)

McClure, James Focht (Pennsylvania)

McKee, Theodore Alexander (Pennsylvania)

Munley, James Martin (Pennsylvania)

Attorney for Plaintiff

Alvarez, Denise (New York)

Barron, George (Pennsylvania)

Bellman, Richard F (New York)

Burke, Paula K (Pennsylvania)

Chang, Jennifer (California)

Chin, Jackson (New York)

Daniels, Shamaine A. (Pennsylvania)

Dyller, Barry H. (Pennsylvania)

Esq., Shamaine A.

Esq., Foster Maer,

Esq., Lucas Guttentag,

Esq., Thomas B.

Esq., Jackson Chin,

Esq., Jennifer Chang,

Esq., Ilan Rosenberg,

Fiddler, Thomas B. (Pennsylvania)

Frankenthaler, Douglas W. (New Jersey)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Harr, Kathryn C. (Pennsylvania)

Jadwat, Omar C. (New York)

Kaiser, Linda S. (Pennsylvania)

Knudsen, Paula Kay (Pennsylvania)

Knudsen Burke, Paula K (Pennsylvania)

Kovaly, Cheryl L. (Pennsylvania)

Llambelis, Lillian (New York)

Maer, Foster (New York)

Newell, Jennifer Chang (California)

O'Connor, Cozen (Pennsylvania)

Park, Elena (Pennsylvania)

Roper, Mary Catherine (Pennsylvania)

Rosenberg, Ilan (Pennsylvania)

Schwarz, Ghita (New York)

Taylor, William J. (Pennsylvania)

Trujillo, Doreen Y. (Pennsylvania)

Vaida, David (New Jersey)

Walczak, Witold J. (Pennsylvania)

Wilkinson, Thomas G. Jr. (Pennsylvania)

Winebrake, Peter D. (Pennsylvania)

Zurflieh, Peter (Pennsylvania)

Attorney for Defendant

Adair, Andrew B. (Pennsylvania)

Esq., Kris W.

Esq., Michael M.

Gallaway, Elizabeth (California)

Hethmon, Michael M. (District of Columbia)

Kobach, Kris W. (Missouri)

Mahoney, Harry G. (Pennsylvania)

Maresca, Carla P. (Pennsylvania)

Pendley, William Perry (Colorado)

Other

Brown, Leonard G. (Pennsylvania)

Cottreau, Steven T. (District of Columbia)

Esq., Nancy Winkelman,

Esq., Kenneth J.

Jain, Meetali (New Jersey)

Matson, Peter L. (Pennsylvania)

Morillo, Juan P. (District of Columbia)

Norton, Laurence E. II (Pennsylvania)

Scott, Damon

Wenger, Randalll (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:06-cv-01586	Docket [PACER] Lozano v. City of Hazleton	Jan. 4, 2016	Jan. 4, 2016 Docket
	Legal Analysis of Proposed City of Hazleton Illegal Immigration Relief Act Ordinance Lozano v. City of Hazleton No Court	June 29, 2006	June 29, 2006 Internal memorandum
	Demand Letter from PRLDEF to Mayor Lozano v. City of Hazleton No Court	July 11, 2006	July 11, 2006 Correspondence
	City Council Speech by Mayor Lou Barletta Lozano v. City of Hazleton No Court	July 13, 2006	July 13, 2006 Other
	Ordinance 2006-10: Illegal Immigration Relief Act Ordinance Lozano v. City of Hazleton No Court	July 13, 2006	July 13, 2006 Statute/Ordinance/Regulation
1 3:06-cv-01586	Complaint Lozano v. City of Hazleton	Aug. 15, 2006	Aug. 15, 2006 Complaint
3:06-cv-01586	Demand letter Lozano v. City of Hazleton	Aug. 15, 2006	Aug. 15, 2006 Correspondence
	Ordinance 2006-13 Estabilishing a Registration Program for Residential Rental Properties in Hazleton, PA Lozano v. City of Hazelton, PA No Court	Aug. 15, 2006	Aug. 15, 2006 Statute/Ordinance/Regulation
15 3:06-cv-01586	Stipulation and Order Lozano v. City of Hazleton	Sept. 1, 2006	Sept. 1, 2006 Order/Opinion
	Ordinance 2006-16 Illegal Alient Immigration Relief Act Ordinance (as Amended; NOT PASSED) Lozano v. City of Hazleton No Court	Sept. 8, 2006	Sept. 8, 2006 Statute/Ordinance/Regulation

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Oral History Project Interview with Professor Lucas Guttentag: Contents and Links Civil Rights Litigation Clearinghouse	Contents: Clearinghouse Oral History Project Interview with Professor Lucas Guttentag (Fall 2023) [00:00-02:54] In…	September 2024	Sept. 4, 2024

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4730934/lozano-v-city-of-hazleton/

Last updated July 13, 2026, 5:37 a.m.

Docket for: Lozano v. City of Hazleton

ECF Number	Date	Description	Link
1	Aug. 15, 2006	COMPLAINT against City of Hazleton ( Filing fee $350, Receipt Number 843400), filed by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit(s))(kn, ) (Entered: 08/16/2006)	RECAP
2	Aug. 16, 2006	AFFIDAVIT of Service for Summons and Complaint served on City of Hazleton by Mayor Louis Barletta as Chief Executive Officer for City of Hazleton on 08/15/06, filed by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Dyller, Barry) (Entered: 08/16/2006)	RECAP
	Aug. 16, 2006	Summons Issued as to City of Hazleton and provided to Attorney Dyller for service on Defendant(s). (kn, )
3	Aug. 17, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by all plaintiffs. Attorney Lee Gelernt is seeking special admission. Filing Fee: 25.00 Receipt Number: 333 107525 (ga, ) (Entered: 08/17/2006)	RECAP
4	Aug. 22, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lucas Guttentag on behalf of all plaintiffs Attorney Lucas Guttentag is seeking special admission. Filing Fee: 25.00 Receipt Number: 333 107591 (ga, ) (Entered: 08/22/2006)	RECAP
5	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jennifer C. Chang on behalf of John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2 Attorney Jennifer C. Chang is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146281. (crh, ) (Entered: 08/23/2006)	RECAP
6	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elena Park on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Elena Park is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146281. (crh, ) (Entered: 08/23/2006)	RECAP
7	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ilan Rosenberg on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Ilan Rosenberg is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146281. (crh, ) (Entered: 08/23/2006)	RECAP
8	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Doreen Y. Trujillo on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Doreen Yatko Trujillo is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146281. (crh, ) (Entered: 08/23/2006)	RECAP
9	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Douglas W. Frankenthaler on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Douglas W. Frankenthaler is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146281. (crh, ) (Entered: 08/23/2006)	RECAP
10	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Omar C. Jadwat on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Omar C. Jadwat is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146282. (crh, ) (Entered: 08/23/2006)	RECAP
11	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jackson Chin on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Jackson Chin is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146283. (crh, ) (Entered: 08/23/2006)	RECAP
12	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lillian Llambelis on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Lillian Llambelis is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146284. (crh, ) (Entered: 08/23/2006)	RECAP
13	Aug. 23, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Foster Maer on behalf of Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga Attorney Foster Maer is seeking special admission. Filing Fee: 25.00 Receipt Number: 111 146285. (crh, ) (Entered: 08/23/2006)	RECAP
14	Sept. 1, 2006	NOTICE of Appearance by Andrew B. Adair on behalf of City of Hazleton (Adair, Andrew) (Entered: 09/01/2006)	RECAP
15	Sept. 1, 2006	ORDER and STIPULATION re response to complaint.Signed by Judge James M. Munley on 9/1/06. (sm, ) (Entered: 09/01/2006)	RECAP
17	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Lucas GuttentagSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
18	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Foster MaerSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
19	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Lillian LlambeliSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
20	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Jackson ChinSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
21	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Omar C. JadwatSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
22	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Jennifer C. ChangSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
23	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Douglas W. FrankenthalerSigned by Judge James M. Munley on 9/7/06. (sm, ) (Entered: 09/08/2006)	RECAP
24	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Doreen Yatko TrujilloSigned by Judge James M. Munley on 9/7/06. (sm, ) (Entered: 09/08/2006)	RECAP
25	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Ilan RosenbergSigned by Judge James M. Munley on 9/7/06. (sm, ) (Entered: 09/08/2006)	RECAP
26	Sept. 8, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Elena ParkSigned by Judge James M. Munley on 9/8/06. (sm, ) (Entered: 09/08/2006)	RECAP
27	Oct. 2, 2006	CONSENTED MOTION for Extension of Time to File Answer re 1 Complaint, (sm, ) (Entered: 10/02/2006)	RECAP
28	Oct. 2, 2006	ORDER granting 27 Motion for Extension of Time to Answer City of Hazleton answer due 11/3/2006. Signed by Judge James M. Munley on 10/2/06 (sm, ) (Entered: 10/02/2006)	RECAP
29	Oct. 30, 2006	AMENDED COMPLAINT against City of Hazleton, filed by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Attachments: # 1 Exhibit(s) A-C)(Trujillo, Doreen) (Entered: 10/30/2006)	RECAP
30	Oct. 30, 2006	MOTION for Preliminary Injunction and Temporary Restraining Order by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Attachments: # 1 Exhibit(s) A - D# 2 Proposed Order)(Trujillo, Doreen) Modified on 11/1/2006 (ch, ). (Entered: 10/30/2006)	RECAP
31	Oct. 30, 2006	MOTION to Exceed Page Limitation and Supporting Brief, Certificate of Service and Certificate of Concurrence by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Attachments: # 1 Proposed Order)(Trujillo, Doreen) (Entered: 10/30/2006)	RECAP
32	Oct. 30, 2006	BRIEF IN SUPPORT re 30 MOTION for Preliminary Injunction and Temporary Restraining Order filed by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2.(Trujillo, Doreen) (Entered: 10/30/2006)	RECAP
	Oct. 30, 2006	CONFERENCE CALL TOMORROW, 10/31/06 at 10:30. (sm, )
35	Oct. 31, 2006	MEMORANDUM AND ORDER GRANTING Plaintiffs' motion for a temporary restraining order; The Defendant City of Hazleton is prohibited from enforcing the Illegal Immigration Relief Act Ordinance 2006-18 and Registration Ordinance 2006-13. A hearing o n the preliminary injunction will be set by further order of court. This temporary restraining order shall remain in effect until NOVEMBER 14,2006, unless extended by the Court; This order shall take effect upon the posting of a $200.00 security bond by the plaintiffs w/the Clerk of Court.Signed by Judge James M. Munley on 10/31/06. (sm, )	Clearinghouse
40	Oct. 31, 2006	ORDER granting 31 Motion for Leave to File Excess Pages Signed by Judge James M. Munley on 10/31/06 (sm, ) (Entered: 11/06/2006)	RECAP
36	Nov. 1, 2006	NOTICE of Hearing on Motion 30 MOTION for Preliminary Injunction Motion Hearing set for 11/13/2006 09:00 AM in Scranton before Honorable James M. Munley.Signed by Judge James M. Munley on 11/1/06. (sm, ) (Entered: 11/01/2006)	RECAP
37	Nov. 1, 2006	EXHIBIT E through Exhibit H to the Motion for Preliminary Injunction and Temporary Restraining Order by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2 re 30 MOTION for Preliminary Injunction and Temporary Restraining Order. (Trujillo, Doreen) (Entered: 11/01/2006)	RECAP
38	Nov. 1, 2006	RECEIPT FOR $ 200.00 SECURITY BOND, PER ORDER DATED 10/31/2006. receipt number 333000009 (bg, ) (Entered: 11/01/2006)	RECAP
	Nov. 1, 2006	At the request of Attorney Barry Dyller exhibits E-H of doucument 30 were deleated. Attorney will be refiling exhibits E-H. (ch, )
39	Nov. 3, 2006	STIPULATION and ORDER:The restraining order issued 10/31/06 shall be extended for 120 days ; Pretrial Conference set for 1/12/2007 at a time to be annountced ;Trial/Preliminary Injunction Hearing shall be held no later than 1/31/2007 and at a date and time to be announced ;Discovery shall close by 1/5/2007. Motions in Limine due by 1/8/2007. SEE ORDER FOR FURTHER SPECIFICS*Signed by Judge James M. Munley on 11/3/06. (sm, ) (Entered: 11/03/2006)	RECAP
	Nov. 6, 2006	SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Thomas B. Fiddler, Esquire. (jc)
41	Nov. 13, 2006	NOTICE of Appearance by Carla P. Maresca on behalf of City of Hazleton (Maresca, Carla) (Entered: 11/13/2006)	RECAP
42	Nov. 13, 2006	NOTICE of Appearance by Harry G. Mahoney on behalf of City of Hazleton (Mahoney, Harry) (Entered: 11/13/2006)	RECAP
43	Nov. 13, 2006	STENO NOTES (1 of 2) filed by S. Halko of TRO Hearing before Judge James Munley on 10-31-06. (Court Reporter Notes/Tapes are not viewable pdf documents). (tivsec3, ) (Entered: 11/13/2006)	RECAP
44	Nov. 13, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Thomas B. Fiddler on behalf of John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2 Attorney Thomas B. Fiddler is seeking special admission. Filing Fee: 25.00 Receipt Number: 333000128 (ts, ) (Entered: 11/13/2006)	RECAP
45	Nov. 13, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kris W. Kobach on behalf of City of Hazleton Attorney Kris W. Kobach is seeking special admission. Filing Fee: 25.00 Receipt Number: 333000132. (ao, ) (Entered: 11/13/2006)	RECAP
46	Nov. 13, 2006	NOTICE of Appearance by Kris W. Kobach on behalf of City of Hazleton. (ao, ) (Entered: 11/13/2006)	RECAP
47	Nov. 17, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Michael M. Hethmon on behalf of City of Hazleton Attorney Michael M. Hethmon is seeking special admission. Filing Fee: 25.00 Receipt Number: 333000193. (ao, ) (Entered: 11/17/2006)	RECAP
48	Nov. 21, 2006	SCHEDULING ORDER: Pretrial Conference set for 1/12/2007 09:00 AM in Scranton before Honorable James M. Munley; SEE ORDER FOR SPECIFICS RE REQUIREMENTSSigned by Judge James M. Munley on 11/21/06. (sm, ) (Entered: 11/21/2006)	RECAP
49	Nov. 21, 2006	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by William Perry Pendley on behalf of City of Hazleton Attorney William Perry Pendley is seeking special admission. Filing Fee: 25.00 Receipt Number: 333000225. (bg, ) (Entered: 11/21/2006)	RECAP
	Nov. 24, 2006	Doc. 50 deleted awaiting direction from Chambers. (ep, )
50	Nov. 29, 2006	SPECIAL ADMISSIONS FORM APPROVED as to William Perry PendleySigned by Judge James M. Munley on 11/29/06. (sm, ) (Entered: 11/29/2006)	RECAP
51	Dec. 1, 2006	WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Barry H. Dyller terminated on behalf of plaintiffs Pedro Lozano, et al.. (Dyller, Barry) (Entered: 12/01/2006)	RECAP
53	Dec. 1, 2006	BRIEF IN OPPOSITION re 30 MOTION for Preliminary Injunction and Temporary Restraining Order filed by City of Hazleton. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Supplement # 4 Proposed Order # 5)(Maresca, Carla) (Entered: 12/01/2006)	RECAP
56	Dec. 1, 2006	First MOTION to Dismiss Amended Complaint by City of Hazleton.(Maresca, Carla) Additional attachment(s) added on 12/4/2006 (ga, ). (Entered: 12/04/2006)	RECAP
57	Dec. 1, 2006	BRIEF IN SUPPORT re 56 First MOTION to Dismiss Amended Complaint filed by City of Hazleton.(Maresca, Carla) (Entered: 12/04/2006)	RECAP
58	Dec. 1, 2006	STATEMENT OF FACTS re 56 First MOTION to Dismiss Amended Complaint filed by City of Hazleton.(Maresca, Carla) (Entered: 12/04/2006)	RECAP
61	Dec. 1, 2006	BRIEF IN OPPOSITION re 30 MOTION for Preliminary Injunction and Temporary Restraining Order filed by City of Hazleton. (Attachments: # 1 Supplement Certificate of Service# 2 Proposed Order # 3 Exhibit(s) Arizona State Court Ruling# 4 Exhibit(s) SAVE Memo)(Maresca, Carla) (Entered: 12/04/2006)	RECAP
55	Dec. 4, 2006	Praecipe to Strike Docket Number 52. (Maresca, Carla) (Entered: 12/04/2006)	RECAP
	Dec. 4, 2006	Document #'s 52,54 & 60 deleted (Motion to Dismiss). Attorney re-filed as Docs. 56,57, & 58 (Motion, Brief & Statement of Facts). (ga, )
	Dec. 4, 2006	Document #59 deleted (Brief in Opposition). Attorney re-filed as Doc. #61 (Brief in Opposition w/attachments). (ga, )
63	Dec. 8, 2006	ORDER re discoverySigned by Judge James M. Munley on 12/8/06. (sm, ) (Entered: 12/08/2006)	RECAP
64	Dec. 13, 2006	Proposed MOTION for Protective Order regarding information about identity and immigration status of Doe Plaintiffs by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2.(Maer, Foster) (Entered: 12/13/2006)	RECAP
65	Dec. 14, 2006	MOTION for Protective Order by John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1, John Doe, 2. (Attachments: # 1 Proposed Order)(Maer, Foster) (Entered: 12/14/2006)	RECAP
66	Dec. 14, 2006	BRIEF IN OPPOSITION re 64 Proposed MOTION for Protective Order regarding information about identity and immigration status of Doe Plaintiffs filed by City of Hazleton.(Maresca, Carla) (Entered: 12/14/2006)	RECAP
67	Dec. 14, 2006	BRIEF IN OPPOSITION re 65 MOTION for Protective Order filed by City of Hazleton. (Attachments: # 1 Proposed Order)(Maresca, Carla) (Entered: 12/14/2006)	RECAP
69	Dec. 14, 2006	ORDER directing counsel to comply w/ LR5.1 when filing.Signed by Judge James M. Munley on 12/14/06. (sm, ) (Entered: 12/14/2006)	RECAP
70	Dec. 14, 2006	STIPULATION AND ORDER re briefing re motion to dismiss.Signed by Judge James M. Munley on 12/14/06. (sm, ) (Entered: 12/14/2006)	RECAP
71	Dec. 15, 2006	NOTICE of Appearance by Kathryn C. Harr on behalf of Pennsylvania Statewide Latino Coalition (Attachments: # 1 Declaration of Service)(Harr, Kathryn) (Entered: 12/15/2006)	RECAP
72	Dec. 15, 2006	MEMORANDUM AND ORDER GRANTING plaintiffs' request for a protective order.*SEE ORDER FOR DETAILS*Signed by Judge James M. Munley on 12/15/06. (sm, )	Clearinghouse
73	Dec. 19, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Michael M. HethmonSigned by Judge James M. Munley on 12/8/06. (sm, ) (Entered: 12/19/2006)	RECAP
74	Dec. 19, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Kris KobachSigned by Judge James M. Munley (sm, ) (Entered: 12/19/2006)	RECAP
75	Dec. 19, 2006	SPECIAL ADMISSIONS FORM APPROVED as to Thomas FiddlerSigned by Judge James M. Munley on 12/8/06. (sm, ) (Entered: 12/19/2006)	RECAP
77	Dec. 22, 2006	PROPOSED STIPULATION. (sm, ) (Entered: 12/22/2006)	RECAP
78	Jan. 5, 2007	MOTION for Certificate of Appealability by City of Hazleton. (Attachments: # 1 Exhibit(s) A)(Adair, Andrew) (Entered: 01/05/2007)	RECAP
79	Jan. 8, 2007	ORDER denying 78 Motion for Certificate of Appealability Signed by Judge James M. Munley on 1/8/07 (sm, ) (Entered: 01/08/2007)	RECAP
80	Jan. 8, 2007	SCHEDULING ORDER: Per telephonic conference held 1/8/07, Pretrial Conference is rescheduled for 2/22/2007 03:00 PM ; Trial set for 3/12/2007 09:00 AM in Scranton before Honorable James M. Munley. Discovery due by 2/6/2007. Motions in limine due by 2/9/2007; the TRO issued on 10/31/06 will remain in effect until the disposition of the preliminary injunction motion,Signed by Judge James M. Munley on 1/8/07. (sm, ) (Entered: 01/08/2007)	RECAP
81	Jan. 8, 2007	WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Peter D. Winebrake terminated on behalf of Pennsylvania Statewide Latino Coalition. (Attachments: # 1 Declaration)(Winebrake, Peter) (Entered: 01/08/2007)	RECAP
82	Jan. 12, 2007	AMENDED COMPLAINT Second Amended Complaint against all defendants, filed by Jane Doe 5, John Doe 7, Jose Luis Lechuga, John Doe, 3, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, John Doe, 1. (Attachments: # 1 Exhibit(s) A-E)(Fiddler, Thomas) (Entered: 01/12/2007)	RECAP
83	Jan. 19, 2007	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Denise Alvarez on behalf of John Doe, 3, Jane Doe, 1, Jane Doe, 2, Jane Doe, 3, John Doe, 4, Brenda Lee Mieles, Casa Dominicana of Hazleton, Inc., Hazleton Hispanic Business Association, Humberto Hernandez, Pennsylvania Statewide Latino Coalition, Pedro Lozano, Rosa Lechuga, Jane Doe 5, John Doe 7, Jose Luis Lechuga, John Doe, 1, John Doe, 2 Attorney Denise Alvarez is seeking special admission. Filing Fee: 25.00 Receipt Number: 333000773. (ga, ) (Entered: 01/19/2007)	RECAP
84	Jan. 23, 2007	First MOTION to Dismiss Plaintiffs' Second Amended Complaint by City of Hazleton. (Attachments: # 1 Proposed Order)(Maresca, Carla) (Entered: 01/23/2007)	RECAP
85	Jan. 23, 2007	STATEMENT OF FACTS re 84 First MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by City of Hazleton.(Maresca, Carla) (Entered: 01/23/2007)	RECAP
86	Jan. 23, 2007	SPECIAL ADMISSIONS FORM APPROVED as to DENISE ALVAREZSigned by Judge James M. Munley on 1/23/07. (sm, ) (Entered: 01/23/2007)	RECAP
87	Jan. 23, 2007	BRIEF IN SUPPORT re 84 First MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by City of Hazleton.(Kobach, Kris) (Entered: 01/24/2007)	RECAP
88	Jan. 26, 2007	STIPULATED ORDER OF CONFIDENTIALITYSigned by Judge James M. Munley on 1/26/07. (sm, ) (Entered: 01/26/2007)	RECAP
	Jan. 26, 2007	DOCUMENT 88 REFILED (sm, )
89	Feb. 1, 2007	WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Paula Kay Knudsen terminated on behalf of Plaintiffs. (Knudsen, Paula) (Entered: 02/01/2007)	RECAP
90	Feb. 6, 2007	Mail Returned as Undeliverable. Doc. #88 "Undeliverable as Addressed" Mail sent to Denise Alvarez (ga, ) (Entered: 02/06/2007)	RECAP
91	Feb. 6, 2007	STIPULATION AND ORDER re response due 2/12/07Signed by Judge James M. Munley on 2/6/07. (sm, ) (Entered: 02/06/2007)	RECAP
92	Feb. 9, 2007	First MOTION in Limine by City of Hazleton. (Attachments: # 1 Proposed Order # 2 Affidavit # 3 Exhibit(s) "A"-Letter from Defense to Plaintiff re documents re PSLC# 4 Exhibit(s) "A"-Response from Plaintiff re information requested of PSLC# 5 Exhibit(s) "B"-Excerpts re Plaintiff's objections at Mr. Saldana's deposition for Casa Dominicana# 6 Exhibit(s) "C"_Letter from Defense to Plaintiff re information requested at Mr. Espinal's deposition for HHBA# 7 Exhibit(s) "C"-Mr. Chin's response to Defense re request for information from HHBA)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
93	Feb. 9, 2007	BRIEF IN SUPPORT re 92 First MOTION in Limine filed by City of Hazleton. (Attachments: # 1 Affidavit of Service# 2 Exhibit(s) "A"# 3 Exhibit(s) "A"# 4 Exhibit(s) "B"# 5 Exhibit(s) "C"# 6 Exhibit(s) "C")(Maresca, Carla) (Entered: 02/09/2007)	RECAP
94	Feb. 9, 2007	Second MOTION in Limine by City of Hazleton. (Attachments: # 1 Proposed Order # 2 Affidavit of Service# 3 Affidavit of Good Faith/Concurrence)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
95	Feb. 9, 2007	BRIEF IN SUPPORT re 94 Second MOTION in Limine filed by City of Hazleton. (Attachments: # 1 Exhibit(s) A and B)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
96	Feb. 9, 2007	Third MOTION in Limine by City of Hazleton. (Attachments: # 1 Proposed Order # 2 Affidavit of Service)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
97	Feb. 9, 2007	BRIEF IN SUPPORT re 96 Third MOTION in Limine filed by City of Hazleton. (Attachments: # 1 Exhibit(s) "A")(Maresca, Carla) (Entered: 02/09/2007)	RECAP
98	Feb. 9, 2007	Fourth MOTION in Limine by City of Hazleton. (Attachments: # 1 Proposed Order # 2 Affidavit of Service# 3 Affidavit of Good Faith/Concurrence)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
99	Feb. 9, 2007	BRIEF IN SUPPORT re 98 Fourth MOTION in Limine filed by City of Hazleton. (Attachments: # 1 Exhibit(s) "A")(Maresca, Carla) (Entered: 02/09/2007)	RECAP
100	Feb. 9, 2007	Fifth MOTION in Limine by City of Hazleton. (Attachments: # 1 Affidavit of Service# 2 Proposed Order # 3 Affidavit of Good Faith/Concurrence)(Maresca, Carla) (Entered: 02/09/2007)	RECAP
101	Feb. 9, 2007	BRIEF IN SUPPORT re 100 Fifth MOTION in Limine filed by City of Hazleton. (Attachments: # 1 Exhibit(s) "A")(Maresca, Carla) (Entered: 02/09/2007)	RECAP
102	Feb. 9, 2007	Sixth MOTION in Limine by City of Hazleton. (Attachments: # 1 Affidavit of Service# 2 Affidavit of Good Faith/Concurrence# 3 Proposed Order)(Maresca, Carla) (Entered: 02/09/2007)	RECAP

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2006

Closing Date: Jan. 4, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A collection of public interest organizations that challenged the Pennsylvania City of Hazleton's ordinance penalizing those who rent to or hire illegal immigrants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Hazleton

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Federalism (including 10th Amendment)

Supremacy Clause

Other Dockets:

Middle District of Pennsylvania 3:06-cv-01586

Middle District of Pennsylvania 4:06-cv-00056

U.S. Court of Appeals for the Third Circuit 07-03531

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: $1,426,684.21

Issues

General/Misc.:

Housing

Discrimination Basis:

Immigration status

Immigration/Border:

Constitutional rights

Employer sanctions

Employment

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures

Recommended Citation

Case Summary of Lozano v. City of Hazleton, Pennsylvania, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/5472/ (last updated 9/27/2018).