Case: Vazquez v. City of Farmers Branch

3:06-cv-02376 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 26, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On December 26, 2006 the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU), along with the ACLU's National Immigrants' Rights Project, filed a civil rights suit in the U.S. District Court for the Northern District of Texas against the City of Farmers Branch, challenging the City's recently adopted Ordinance 2892. The Ordinance required landlords to verify the U.S. Citizenship or "eligible immigration status" of prospe…

On December 26, 2006 the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU), along with the ACLU's National Immigrants' Rights Project, filed a civil rights suit in the U.S. District Court for the Northern District of Texas against the City of Farmers Branch, challenging the City's recently adopted Ordinance 2892. The Ordinance required landlords to verify the U.S. Citizenship or "eligible immigration status" of prospective tenants prior to renting them apartments.

This case is one of four lawsuits filed against Farmers Branch in response to its anti-immigrant housing law. See IM-TX-0002, IM-TX-0003 and IM-TX-0004.

Plaintiffs filed a motion for a temporary restraining order and injunctive relief. On January 11, 2007, the District Court (Judge Sam Lindsay) temporarily denied plaintiffs' motion as moot in light of a TRO being issued against the City in the state court case Ramos v. City of Farmers Branch (IM-TX-0004).

On January 18, 2007, the parties entered into a stipulation wherein defendant's counsel agreed to review and reconsider Ordinance 2892. Pending that review, defendant agreed not to attempt to enforce Ordinance 2892 or any like ordinance without first giving plaintiffs notice to allow them to renew their motion for a TRO.

Plaintiffs filed their status report on January 24, 2007, advising the District Court that defendant had repealed Ordinance 2892 but enacted Ordinance 2903, which imposed similar stringent citizenship requirements. The parties were to meet and confer on January 25, 2007 to discuss the new Ordinance and thereafter advise the District Court of further planned action.

On March 22, 2007, plaintiffs filed an amended complaint against the City challenging the new ordinance.

On April 18, 2007, this case was consolidated with lead case Villas at Parkside Partners v. City of Farmers Branch (IM-TX-0003) and Barrietos v. City of Farmers Branch (IM-TX-0002). See IM-TX-0003 for all subsequent developments.

Summary Authors

Christopher Schad (6/6/2012)

Related Cases

Ramos v. City of Farmers Branch, Texas state trial court (2006)

Villas at Parkside Partners v. City of Farmers Branch, Northern District of Texas (2006)

Barrietos v. City of Farmers Branch, Northern District of Texas (2007)

People


Judge(s)

Lindsay, Sam A. (Texas)

Attorneys(s) for Plaintiff

Barr, John Holman (Texas)

Bernal, Diego Manuel (Texas)

Bono, Marisa (Texas)

Broiles, David (Texas)

Browne, Lori Martin (Texas)

Caplan, Katharine J (Texas)

Chang, Jennifer (New York)

Flora, Elizabeth Ruth (Texas)

Gelernt, Lee (New York)

Judge(s)

Lindsay, Sam A. (Texas)

Attorneys(s) for Plaintiff

Barr, John Holman (Texas)

Bernal, Diego Manuel (Texas)

Bono, Marisa (Texas)

Broiles, David (Texas)

Browne, Lori Martin (Texas)

Caplan, Katharine J (Texas)

Chang, Jennifer (New York)

Flora, Elizabeth Ruth (Texas)

Gelernt, Lee (New York)

Graybill, Lisa Shawn (Texas)

Guttentag, Lucas (California)

Healey, David J. (Texas)

Hinojosa, David G. (Texas)

Jadwat, Omar C. (New York)

Nelson, Forest (Texas)

Perales, Nina (Texas)

Perez, Marisol Linda (Texas)

Urias, David Herrera (Texas)

Attorneys(s) for Defendant

Boyle, John (Texas)

Noga, Darrell G-M (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

Vasquez v. City of Farmers Branch

April 18, 2007 Docket

Ordinance No. 2892

Vasquez v. City of Farmers Branch

No Court

Jan. 2, 2007 Other
16

Order [Denying Plaintiffs' Application for Temporary Restraining Order as Moot]

Vasquez v. City of Farmers Branch

Jan. 11, 2007 Order/Opinion
20

Stipulaton and Order [Requiring Defendant to Give Plaintiffs Notice of Intent to Enforce Ordinance 2892 or Any Like Version]

Vasquez v. City of Farmers Branch

Jan. 18, 2007 Pleading / Motion / Brief
22

Plaintiffs' Status Report [Informing the Court of the Adoption of Ordinance 2903]

Vasquez v. City of Farmers Branch

Jan. 24, 2007 Pleading / Motion / Brief
43

First Amended Complaint for Declaratory and Injunctive Relief

Vasquez v. City of Farmers Branch

March 22, 2007 Complaint
41

Order of Consolidation

Villas at Parkside Partners v. City of Farmers Branch

April 18, 2007 Order/Opinion

Resources

Title Description External URL

Vazquez v. City of Farmers Branch, Texas

MALDEF

In November 2006, the City of Farmers Branch became the first city in Texas to pass an anti-immigrant ordinance. Ordinance 2892, and its later replacement Ordinance 2903, required landlords of apartm… Sept. 22, 2008 https://www.maldef.org/2008/09/vasquez-v-city-of-farmers-branch-texas/

The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws

Nathan G. Cortez

Dec. 1, 2008

The Future of Discriminatory Local Ordinances Aimed at Regulating Illegal Immigration

John Ryan Syllaios

First, this Note will discuss the two primary catalysts of the general public’s negative sentiment toward illegal immigrants: (1) economic concerns and (2) anxiety concerning increased criminal activ… Jan. 1, 2010 http://law2.wlu.edu/deptimages/journal%20of%20civil%20rights%20and%20social%20justice/Syllaios.pdf

You Cannot Live Here: Restrictive Housing Ordinances as the New Jim Crow

Prerna Lal

After the failure of comprehensive immigration reform in 2006 and 2007, hundreds of municipalities considered and enacted ordinances to allegedly combat “illegal immigration.” In reviewing restrictiv… Aug. 25, 2013

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Verified COMPLAINT for Declaratory and Injunctive Relief against City of Farmers Branch filed by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Filing fee $350; Receipt number 7198) (axm, ) (Entered: 12/26/2006)

Dec. 26, 2006

***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 12/26/2006)

Dec. 26, 2006
2

Summons Issued as to City of Farmers Branch. (ISS-1) (axm, ) (Entered: 12/26/2006)

Dec. 26, 2006
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (axm, ) (Entered: 12/26/2006)

Dec. 26, 2006
4

Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jerry Buchmeyer on 12/27/2006) (axm, ) (Entered: 12/27/2006)

Dec. 27, 2006
6

Unopposed MOTION Proceed Anonymously by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2 with Brief in Support. (Attachments: # 1 Appendix Appx.- Minor Children Pls. Mot. to Proceed Anonymously# 2 Text of Proposed Order Proposed Order) (Perales, Nina) (Entered: 12/28/2006)

Dec. 28, 2006
7

Court Request for Recusal: Judge Jerry Buchmeyer recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge David C Godbey for all further proceedings. (lrl) (Entered: 12/29/2006)

Dec. 29, 2006
8

ORDER OF RECUSAL: Case is assigned to the docket of Judge David C. Godbey. See order for specifics. (Signed by Judge A. Joe Fish on 12/29/2006) (epp) (Entered: 12/29/2006)

Dec. 29, 2006
9

Advisory to the Court by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Perales, Nina) Modified on 1/3/2007 (lmr, ). (Entered: 12/29/2006)

Dec. 29, 2006
10

Unopposed MOTION Transfer for Possible Consolidation by Alfredo Vasquez with Memorandum in Support. (Attachments: # 1 Appendix Motion to Transfer Appendix# 2 Text of Proposed Order Proposed Order) (Perales, Nina) (Entered: 01/05/2007)

Jan. 5, 2007
11

Application and Order for Admission Pro Hac Vice by Omar C Jadwat for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/03/07) (lmp) (Entered: 01/08/2007)

Jan. 8, 2007
12

ORDER. The above-referenced matter is TRANSFERRED to the docket of the Honorable Sam A. Lindsay for possible consolidation. Judge David C Godbey no longer assigned to case. (Signed by Judge David C Godbey on 01/09/07) (lmp) (Entered: 01/09/2007)

Jan. 9, 2007
13

MOTION for Injunction Temporary Restraining Order by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez with Memorandum in Support. (Attachments: # 1 Exhibit Memorandum in Support of TRO# 2 Appendix Appendix Part 1# 3 Appendix Appendix Part 2# 4 Appendix Appendix Part 3# 5 Appendix Appendix Part 4# 6 Appendix Appendix Part 5# 7 Appendix Appendix Part 6) (Perales, Nina) (Entered: 01/09/2007)

Jan. 9, 2007
14

UNOPPOSED MOTION for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for Temporary Restraining Order by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez. (Perales, Nina) Modified on 1/10/2007 (lmp). (Entered: 01/09/2007)

Jan. 9, 2007
15

Plea In Abatement by City of Farmers Branch.(Boyle, Matthew) Modified on 1/11/2007 (lmp). (Entered: 01/10/2007)

Jan. 10, 2007
17

Application and Order for Admission Pro Hac Vice by Jennifer C Chang for Jane Doe 1 and Jane Does 2 and 3.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/10/07) (lmp) (Entered: 01/12/2007)

Jan. 10, 2007

Minute Entry for proceedings held before Judge Sam A. Lindsay : Telephone Conference. Attorney Appearances: Plaintiff - Marisol L. Perez and Nina Perales; Defense - Matthew C.G. Boyle and John F. Boyle, Jr. (Court Reporter Charyse Crawford.) Time in Court: 10 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (dag) (Entered: 01/16/2007)

Jan. 11, 2007
18

ANSWER to Complaint by City of Farmers Branch (Boyle, Matthew) (Entered: 01/15/2007)

Jan. 15, 2007
19

STIPULATION by Alfredo Vasquez et al and Defendant City Of Farmers Branch . (Attachments: # 1 Text of Proposed Order) (Perales, Nina) (Entered: 01/18/2007)

Jan. 18, 2007
20

ORDER: Before the court is a stipulation entered into between the parties in this case and filed on January 18, 2007. The court accepts the stipulation and issues it as an order of the court. The court further directs the parties to inform it in writing forthwith of any action that Defendant City of Farmers Branch takes regarding the repeal, modification, or replacement of Ordinance 2892. (Signed by Judge Sam A Lindsay on 01/18/07) (lmp) (Entered: 01/19/2007)

Jan. 18, 2007
21

STATUS REPORT by City of Farmers Branch. (Boyle, Matthew) (Entered: 01/23/2007)

Jan. 23, 2007
22

STATUS REPORT by Alfredo Vasquez. (Perales, Nina) (Entered: 01/24/2007)

Jan. 24, 2007
24

Application and Order for Admission Pro Hac Vice by Lee Gelernt for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 01/26/07) (lmp) (Entered: 01/30/2007)

Jan. 26, 2007
25

MOTION for Leave to Intervene as Defendant and File an Answer by Federation for American Immigration Reform, Inc. (lmp) Modified on 2/1/2007 (lmp). (Entered: 01/30/2007)

Jan. 26, 2007
23

Vacation Letter. (Boyle, Matthew) (Entered: 01/29/2007)

Jan. 29, 2007
26

ORDER granting 14 UNOPPOSED MOTION for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for Temporary Restraining Order. Plaintiffs brief is limited to 33 pages. (Signed by Judge Sam A Lindsay on 1/31/2007) (mfw) (Entered: 01/31/2007)

Jan. 31, 2007
27

ORDER granting 6 Unopposed MOTION Proceed Anonymously (Signed by Judge Sam A Lindsay on 1/31/2007) (mfw) (Entered: 01/31/2007)

Jan. 31, 2007
28

Application and Order for Admission Pro Hac Vice by Lucas Guttentag for all Plaintiffs.(see order for specifics) (Signed by Judge Jerry Buchmeyer on 02/05/07) (lmp) (Entered: 02/06/2007)

Feb. 5, 2007
29

NOTICE of Attorney Appearance by Lori Martin Browne on behalf of all plaintiffs (Browne, Lori) (Entered: 02/15/2007)

Feb. 15, 2007
31

Application and Order for Admission Pro Hac Vice by Katharine J Caplan for all Plaintiffs.(see order for specifics) (Signed by Judge Sam A Lindsay on 02/22/07) (lmp) (Entered: 02/22/2007)

Feb. 22, 2007
32

Application and Order for Admission Pro Hac Vice by David J Healey for All Plaintiff's.(see order for specifics) (Signed by Judge Sam A Lindsay on 02/22/07) (lmp) (Entered: 02/22/2007)

Feb. 22, 2007
33

Unopposed MOTION to Substitute Attorney. Added attorney Sara Kate Jancaitis, Scott Shanes and Steven Paul Watten for Federation for American Immigration Reform, Inc. (Jancaitis, Sara Kate) Modified on 2/28/2007 (lmp). (Entered: 02/28/2007)

Feb. 28, 2007
34

MOTION for Extension of Time to File Response/Reply as to 30 Response in Opposition to Motion to Intervene by Federation for American Immigration Reform, Inc. (Jancaitis, Sara Kate) Modified on 3/6/2007 (lmp). (Entered: 03/01/2007)

March 1, 2007
36

ORDER granting 34 FAIR's Motion for Extension of Time to Reply to Plaintiffs' Memorandum of Law in Opposition to Motion to Intervene. Replies due by 3/6/2007. (Signed by Judge Sam A Lindsay on 3/1/07) (klm) (Entered: 03/02/2007)

March 1, 2007
37

Application and Order for Admission Pro Hac Vice by Michael M Hethmon for Federation for American Immigration Reform, Inc.(see order for specifics) (Signed by Judge Sam A Lindsay on 03/01/07) (lmp) (Entered: 03/05/2007)

March 1, 2007
35

ORDER granting 33 Motion to Substitute Attorney; granting 34 Motion to Extend Time to File Response/Reply. Accordingly, the deadline for FAIR to file its reply to Plaintiffs Memorandum in Opposition to Motion to Intervene is hereby extended from March 2, 2007 to no later than 5:00 p.m., March 6, 2007. (Signed by Judge Sam A Lindsay on 3/2/2007) (skt) (Entered: 03/02/2007)

March 2, 2007
38

REPLY filed by Federation for American Immigration Reform, Inc re 25 MOTION to Intervene. (Jancaitis, Sara Kate) Modified on 3/9/2007 (lmp). (Entered: 03/06/2007)

March 6, 2007
39

Unopposed MOTION to Amend/Correct 1 Complaint, by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez (Attachments: # 1 Exhibit First Amended Complaint For Declaratory And Injunctive Relief) (Perales, Nina) (Entered: 03/09/2007)

March 9, 2007
40

ORDER granting 39 Unopposed MOTION to Amend/Correct 1 Complaint. Accordingly, Plaintiffs shall file their First Amended Complaint for Declaratory and Injunctive Relief within three business days of this order. (Signed by Judge Sam A Lindsay on 03/13/07) (lmp) (Entered: 03/13/2007)

March 13, 2007
41

Unopposed MOTION for Leave to File First Amended Complaint Beyond Court-Ordered Deadline by Jane Doe 1, Jane Does 2 and 3, John Does 1 and 2, Alfredo Vasquez, Todd Mongeon, Andrew Mongeon, Ramiro Perez (Perales, Nina) (Entered: 03/21/2007)

March 21, 2007
42

ORDER granting 41 Unopposed MOTION for Leave to File First Amended Complaint Beyond Court-Ordered Deadline. Accordingly, Plaintiffs shall file their First Amended Complaint for Declaratory and Injunctive Relief within three business days of this order. (Signed by Judge Sam A Lindsay on 03/22/07) (lmp) (Entered: 03/22/2007)

March 22, 2007
43

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all defendants filed by Alfredo Vasquez. (Perales, Nina) Modified on 3/23/2007 (lmp). (Entered: 03/22/2007)

March 22, 2007
44

Unopposed Motion for Extension of Time to File Answer by City of Farmers Branch (Boyle, Matthew) (Entered: 03/30/2007)

March 30, 2007
45

ORDER granting 44 Motion for Extension of Time to File Answer. Accordingly, the deadline for Defendant to answer or otherwise respond to Plaintiffs' First Amended Complaint extended to April 13, 2007. City of Farmers Branch answer due 4/13/2007.(see order for specifics) (Signed by Judge Sam A Lindsay on 04/02/07) (lmp) (Entered: 04/03/2007)

April 2, 2007
46

Vacation Letter for the followng dates April 20th & 23rd, 2007. May 4th & 7th, 2007. (Boyle, Matthew) Modified on 4/11/2007 (lmp). (Entered: 04/10/2007)

April 10, 2007
47

MOTION to Dismiss for Plaintiffs' Failure to State Claim and Lack of Jurisdiction by City of Farmers Branch. (Boyle, Matthew) Modified on 4/16/2007 (lmp). (Entered: 04/13/2007)

April 13, 2007
48

ORDER CONSOLIDATING CASES: the court directs the clerk of the court to administratively close Civil Action No. 3:06-CV-2376-L and Civil Action No. 3:07-CV-0061-L for statistical purposes. Case consolidated with 3:06-CV-2371-L. (Signed by Judge Sam A Lindsay on 4/18/07) (cxb) (Entered: 04/19/2007)

April 18, 2007

Cases associated: Create association to 3:06-cv-02371 (per doc. 48). (cxb) (Entered: 04/19/2007)

April 18, 2007

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 26, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Legal permanent residents of the United States, living in apartments in the City of Farmers Branch, Texas

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Farmers Branch, TX (City of Farmers Branch, TX), City

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

Order Duration: 2007 - None

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation