Case: Stewart v. Cherokee County, GA

1:07-cv-00015 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 4, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 4, 2007, plaintiffs, the owner and operator of multiple rental units and unnamed tenants, filed suit against Cherokee County, Georgia in the U.S. District Court for the Northern District of Georgia to challenge County Ordinance No. 2006-003 which purported to establish penalties for "the harboring of illegal aliens" in the County. The Ordinance was similar to others recently passed by cities seeking to expel undocumented immigrants from their boundaries. Immediately following the f…

On January 4, 2007, plaintiffs, the owner and operator of multiple rental units and unnamed tenants, filed suit against Cherokee County, Georgia in the U.S. District Court for the Northern District of Georgia to challenge County Ordinance No. 2006-003 which purported to establish penalties for "the harboring of illegal aliens" in the County. The Ordinance was similar to others recently passed by cities seeking to expel undocumented immigrants from their boundaries.

Immediately following the filing, the District Court (Judge Timothy C. Batten, Sr.) entered a TRO and preliminary injunction, with the consent of the parties, barring enforcement of the Ordinance pending the final outcome of similar cases - Reynolds v. City of Valley Park, Missouri [IM-MO-1] and Lozano v. City of Hazleton, Pennsylvania [IM-PA-1].

On August 28, 2007, the Court administratively close the case, advising the parties that if they wanted to reopen it, they needed to file a motion to that effect.

Summary Authors

Elizabeth Daligga (7/2/2012)

People

Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Bowers, Byrony Helen (Georgia)

Delemar, Isaiah D. (Georgia)

Garrett, Margaret Fletcher (Georgia)

Hernan, Jamie B. (Georgia)

Jadwat, Omar C. (New York)

Lee, Jerome D. (Georgia)

Littrell, Elizabeth Lynn (Georgia)

Lubel, Alan E. (Georgia)

Taylor, Christopher C. (Georgia)

Judge(s)

Batten, Timothy C. Sr. (Georgia)

Attorneys(s) for Plaintiff

Bowers, Byrony Helen (Georgia)

Delemar, Isaiah D. (Georgia)

Garrett, Margaret Fletcher (Georgia)

Hernan, Jamie B. (Georgia)

Jadwat, Omar C. (New York)

Lee, Jerome D. (Georgia)

Littrell, Elizabeth Lynn (Georgia)

Lubel, Alan E. (Georgia)

Taylor, Christopher C. (Georgia)

VanderBroek, Mark (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Davis, Angela E. (Georgia)

Documents in the Clearinghouse

Document

1:07-cv-00015

Docket (PACER)

Aug. 28, 2007

Aug. 28, 2007

Docket

1:07-cv-00015

Ordinance No. 2006-04, "Cherokee County, GA English Language Ordinance"

No Court

Dec. 5, 2006

Dec. 5, 2006

Statute/Ordinance/Regulation

Ordinance 2006-03, to Establish Penalties for the Harboring of Illegal Aliens in Cherokee County, GA

Stewart v. Cherokee County, Ga

No Court

Dec. 5, 2006

Dec. 5, 2006

Statute/Ordinance/Regulation
3

1:07-cv-00015

Consent Order Granting Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and for Stay

Jan. 4, 2007

Jan. 4, 2007

Settlement Agreement
1

1:07-cv-00015

Complaint

Jan. 4, 2007

Jan. 4, 2007

Complaint

Resources

Docket

Last updated Aug. 15, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Robert Stewart, Inc., John Doe 1, John Doe 2, John Doe 3, John Doe 4 and John Doe 5. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 559884.) (Attachments: # 1 Exhibit A# 2 Civil Cover Sheet)(epm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

2

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiffs. (epm) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

3

ORDER Granting 2 Motion for TRO; and Granting 2 Motion for Preliminary Injunction. It Is Hereby Ordered that Defendant Cherokee County, its officers, agents, employees and attorneys are restrained and enjoined from implementing or enforcing the Ordinance during the pendency of this case or until further order of this Court. With the parties' consent, and to insure a just and expensive determination of this action, It Is Further Ordered that all proceedings in this case are stayed until a final judgment is entered and appeal avenues pursued in the prior pending cases referenced below or until further order of this Court. (See Order for Specifics). Because the parties have consented to this order the Court deems it proper that a minimum security of $10.00 be posted by Plaintiffs. Signed by Judge Timothy C. Batten Sr. on 1/4/07. (epm) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

4

NOTICE of Depositing Security with Court by Plaintiffs; (Amount of $10.00, receipt 559887)(epm) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

5

Instructions to Parties and Counsel regarding this Court's policies, practice and procedure. Signed by Judge Timothy C. Batten Sr. on 1/8/07. (mas) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

6

Letter from Administration addressed to Attorneys Lee Gelernt and Omar C. Jadwat regarding pro hac vice admission. (mas) (Entered: 01/16/2007)

Jan. 12, 2007

Jan. 12, 2007

7

APPLICATION for Admission of Jennifer C. Chang Pro Hac Vice filed by all plaintiffs.Filing Fee received $150, Receipt #560722. (Attachments: # 1 proposed order)(mas) (Entered: 01/29/2007)

Jan. 25, 2007

Jan. 25, 2007

8

APPLICATION for Admission of Lucas Guttentag Pro Hac Vice filed by all plaintiffs.Filing Fee received $150, Receipt #560722. (Attachments: # 1 proposed order)(mas) (Entered: 01/29/2007)

Jan. 25, 2007

Jan. 25, 2007

9

APPLICATION for Admission of Lee Gelernt Pro Hac Vice filed by John Doe 1, John Doe 2, Robert Stewart, Inc., John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7.Filing Fee received $150, Receipt #560781. (Attachments: # 1 proposed order)(mas) (Entered: 02/01/2007)

Jan. 26, 2007

Jan. 26, 2007

10

APPLICATION for Admission of Omar C. Jadwat Pro Hac Vice filed by John Doe 1, John Doe 2, Robert Stewart, Inc., John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7.Filing Fee received $150, Receipt #560781. (Attachments: # 1 proposed order)(mas) (Entered: 02/01/2007)

Jan. 26, 2007

Jan. 26, 2007

MINUTE ORDER granting [7 &8] Application for Admission Pro Hac Vice for Jennifer C. Chang and Lucas Guttentag by CRD by direction of the Court. Approved by Judge Timothy C. Batten Sr. on 1/30/07. (jgs) CM/ECF ltr sent. Modified on 1/31/2007 (jgs). (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

MINUTE ORDER granting [9 &10] Applications for Admission Pro Hac Vice, for Lee Gelemt and Omar C. Jadwat by CRD by direction of the Court. Approved by Judge Timothy C. Batten Sr. on 2/2/07. (jgs) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

11

NOTICE of Appearance by Angela E. Davis on behalf of Cherokee County, Georgia (Davis, Angela) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

12

ACKNOWLEDGEMENT OF SERVICE Executed as to Cherokee County, Georgia. (Davis, Angela) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

13

MOTION to Withdraw Elizabeth Lynn Littrell as Attorneyby John Doe 1, John Doe 2, Robert Stewart, Inc., John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7. (Littrell, Elizabeth) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

14

ORDER granting 13 Motion to Withdraw as Attorney. Attorney Elizabeth Lynn Littrell terminated as counsel of record for Plaintiffs. Signed by Judge Willis B. Hunt Jr. on 4/2/07. (mas) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

15

MOTION to Withdraw Isaiah D. Delemar as Attorneyby John Doe 1, John Doe 2, Robert Stewart, Inc., John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7. (Delemar, Isaiah) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

16

ORDER granting 15 Motion to Withdraw as Attorney. Attorney Isaiah D. Delemar terminated as counsel of record for plaintiffs. Signed by Judge Timothy C. Batten Sr. on 4/23/07. (mas) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

17

ORDER DIRECTING the Clerk to administratively close this case. To reopen this case, the parties simply need to file a motion to that effect. Signed by Judge Timothy C. Batten Sr. on 8/28/07. (hfm) (Entered: 08/29/2007)

Aug. 28, 2007

Aug. 28, 2007

Civil Case Terminated. Administratively closed pursuant to 17 Order. (hfm) (Entered: 08/29/2007)

Aug. 28, 2007

Aug. 28, 2007

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Landlord/owner of apartment buildings in Cherokee County, Georgia and a number of unnamed tenants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

Lambda Legal

MALDEF

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cherokee County, GA (Cherokee), County

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably 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:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Undocumented immigrants - state and local regulation