Case: Villas at Parkside Partners v. City of Farmers Branch

3:06-cv-02371 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 22, 2006

Closed Date: Sept. 2, 2010

Clearinghouse coding complete

Case Summary

This case is one of four lawsuits filed against the City of Farmers Branch, Texas, to challenge the City's anti-immigrant housing law, Ordinance 2892 (subsequently repealed and reenacted in slightly altered form as Ordinance 2903). See Vazquez v. City of Farmers Branch, Barrietos v. City of Farmers Branch and Ramos v. City of Farmers Branch. This case and two others filed in the U.S. District Court for the Northern District of Texas, Vazquez v. City of Farmers Branch and Barrientos v. City of F…

This case is one of four lawsuits filed against the City of Farmers Branch, Texas, to challenge the City's anti-immigrant housing law, Ordinance 2892 (subsequently repealed and reenacted in slightly altered form as Ordinance 2903). See Vazquez v. City of Farmers Branch, Barrietos v. City of Farmers Branch and Ramos v. City of Farmers Branch. This case and two others filed in the U.S. District Court for the Northern District of Texas, Vazquez v. City of Farmers Branch and Barrientos v. City of Farmers Branch  were assigned to District Court Judge Sam A. Lindsay. Judge Lindsay ordered that the three cases before him be consolidated. Villas at Parkside Partners v. City of Farmers Branch was designated as the lead case for purposes of the consolidated action.

The Ordinance required apartment owners and managers to determine the citizenship or immigration status of their tenants and imposed penalties for their failure to do so. It was largely patterned after similar ordinances enacted by local governments in Hazelton, Pennsylvania, and Escondido, California. The constitutionality of those ordinances has also been challenged. See Lozano v. City of Hazleton, Pennsylvania and Garrett v. City of Escondido, California.

On May 12, 2007, the voters of Farmers Branch approved Ordinance 2903 by a margin of 4,058 to 1,941. On May 21, 2007, a day before the Ordinance was to go into effect, the District Court (Judge Lindsay) granted plaintiffs' applications for a temporary restraining order enjoining enforcement of the Ordinance. Villas at Parkside Partners v. City of Farmers Branch, 2007 WL 1498763, 2007 U.S. Dist. LEXIS 36918 (N.D. Tex. May 21, 2007). Plaintiffs were ordered to post a $1500 security bond.

On June 1, 2007, the Court (Judge Lindsay) dismissed the Barrientos plaintiffs' complaint for lack of standing. The Court reasoned that since the Barrientos plaintiffs operated retail businesses in Farmers Branch and were not tenants or property owners, the Ordinance had no direct effect on them. As such, they had no standing to challenge the Ordinance. The Court also denied the Federation of American Immigration Reform, Inc. leave to intervene in the case on behalf of the defendants. Villas at Parkside Partners v. City of Farmers Branch, 245 F.R.D. 551 (N.D. Tex. 2007).

A preliminary injunction hearing was held on June 5, 2007, and on June 19, 2007, the Court (Judge Lindsay) issued a preliminary injunction, enjoining Farmers Branch from enforcing Ordinance 2903 pending a trial on the merits. He found that as the Ordinance attempted to regulate immigration, and did so differently from the federal government, it was preempted by the Supremacy Clause of the U.S. Constitution. Villas at Parkside Partners v. City of Farmers Branch, 496 F.Supp.2d 757 (N.D. Tex. 2007). Farmers Branch then requested an increase in the amount of the bond posted by plaintiffs. That request was denied.

On June 26, 2007, the Court (Judge Lindsay) denied the City's motion to dismiss plaintiffs' complaints for failure to state a claim and lack of subject matter jurisdiction. Villas at Parkside Partners v. City of Farmers Branch, 2007 WL 1836844, 2007 U.S. Dist. LEXIS 46508 (N.D. Tex. June 26, 2007). On December 11, 2007, however, the Court (Judge Lindsay) granted a more narrowly drawn motion by the City to dismiss the Villa plaintiffs' claims for compensatory damages, finding that the Villa plaintiffs had suffered no damage from the Ordinance because it had never come into force due to the temporary restraining order and preliminary injunction issued by the Court. Villas at Parkside Partners v. City of Farmers Branch, No. 3:06-CV-2371-L, 2007 WL 4322147, 2007 U.S. Dist. LEXIS 91021 (N.D. Tex. Dec. 11, 2007).

On February 22, 2008, the plaintiffs filed a motion for partial summary judgment on the issues of preemption and due process violation. The City also filed for summary judgment on the same day. On May 28, 2008, the Court (Judge Lindsay) granted the plaintiffs' motion and deferred ruling on that of the City. Villas at Parkside Partners v. City of Farmers Branch, 577 F.Supp.2d 858 (N.D. Tex. 2008). It found that the Ordinance was both preempted and a violation of due process and that a permanent injunction should be issued barring its enforcement.

Following its granting of partial summary judgment to the plaintiffs, the Court allowed the parties to brief it regarding plaintiffs' remaining claims and whether judgment should be entered. After briefing, on August 29, 2008, the Court (Judge Lindsay) denied the City's motion for summary judgment, and denied plaintiffs' motion for summary judgment on the rest of its claims as moot, as they sought relief identical to that plaintiffs had already been granted. Villas at Parkside Partners v. City of Farmers Branch, 577 F.Supp.2d 851 (N.D. Tex. 2008). On the same day, the Court entered judgment for the plaintiffs and issued a permanent injunction barring the enforcement of the Ordinance.

There was no appeal, as the City had already passed a third iteration of the law, Ordinance 2952. (See Villas at Parkside Partners v. City of Farmers Branch for the case on this law.) A dispute over attorney's fees was submitted to mediation and settled in 2009, although another mediation report in 2010 stated that the parties were unable to reach a settlement.

This case is now closed.

Summary Authors

Christopher Schad (6/5/2012)

Ava Morgenstern (9/19/2017)

Related Cases

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

Vazquez v. City of Farmers Branch, Northern District of Texas (2006)

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

Villas at Parkside Partners v. City of Farmers Branch, Northern District of Texas (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4848907/parties/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/


Judge(s)
Attorney for Plaintiff

Anello, Farrin R (Texas)

Arias, Jose Guadalupe (Texas)

Barr, John Holman (Texas)

Bernal, Diego Manuel (Texas)

Biles, C. Dunham (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:06-cv-02371

Docket [PACER]

Nov. 3, 2016

Nov. 3, 2016

Docket
32

3:06-cv-02371

Plaintiffs’ Second Amended Complaint

March 9, 2007

March 9, 2007

Complaint
81

3:06-cv-02371

Memorandum Opinion and Order Granting Temporary Restraining Order

May 21, 2007

May 21, 2007

Order/Opinion

2007 WL 1498763

101

3:06-cv-02371

Memorandum Opinion and Order [Granting Defendant's Motion to Dismiss Barrientos Plaintiffs' Complaint]

June 1, 2007

June 1, 2007

Order/Opinion

245 F.R.D. 551

109

3:06-cv-02371

3:06-cv-02376

3:07-cv-00061

Memorandum and Order Granting Preliminary Injunction

June 19, 2007

June 19, 2007

Order/Opinion

496 F.Supp.2d 757

110

3:06-cv-02371

Memorandum Opinion and Order [Denying Defendant's Motions to Dismiss]

June 26, 2007

June 26, 2007

Order/Opinion

2007 WL 1836844

121

3:06-cv-02371

Memorandum Opinion and Order [Granting Defendant's Motion to Dismiss Claim for Compensatory Damages]

Dec. 11, 2007

Dec. 11, 2007

Order/Opinion

2007 WL 4322147

153

3:06-cv-02371

Memorandum Opinion and Order Granting Permanent Injunction

May 28, 2008

May 28, 2008

Order/Opinion

577 F.Supp.2d 858

168

3:06-cv-02371

Memorandum Opinion and Order [Dismissing Remaining Claims as Moot]

Aug. 29, 2008

Aug. 29, 2008

Order/Opinion

577 F.Supp.2d 851

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4848907/villas-at-parkside-partners-v-the-city-of-farmers-branch-texas/

Last updated Oct. 29, 2026, 3:47 p.m.

Docket for: Villas at Parkside Partners v. The City of Farmers Branch Texas
ECF Number Date Description Link
1 Dec. 22, 2006

Plaintiffs' COMPLAINT for Declaratory and Injunctive Relief against The City of Farmers Branch, Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (Filing fee $350; Receipt number 7195) (axm, ) (Entered: 12/26/2006)

RECAP
2 Dec. 22, 2006

Summons Issued as to The City of Farmers Branch, Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk. (ISS-8) (axm, ) (Entered: 12/26/2006)

RECAP
3 Dec. 22, 2006

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (axm, ) (Entered: 12/26/2006)

RECAP
Dec. 22, 2006

DEMAND for Trial by Jury by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (contained within complaint) (axm, )

Dec. 22, 2006

***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (axm, )

4 Dec. 26, 2006

Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Sam A Lindsay on 12/26/2006) (axm, ) (Entered: 12/26/2006)

RECAP
5 Dec. 27, 2006

SUMMONS Returned Executed as to Bob Phelps served on 12/26/2006 via personal service, answer due 1/16/2007. (cxb, ) (Entered: 01/03/2007)

RECAP
6 Dec. 27, 2006

SUMMONS Returned Executed as to The City of Farmers Branch, Texas served on 12/26/2006 by serving its mayor, Bob Phelps, answer due 1/16/2007. (cxb, ) (Entered: 01/03/2007)

RECAP
7 Dec. 27, 2006

SUMMONS Returned Executed as to Jim Olk served on 12/26/2006 via personal service, answer due 1/16/2007. (cxb, ) (Entered: 01/03/2007)

RECAP
8 Dec. 27, 2006

SUMMONS Returned Executed as to James Smith served on 12/26/2006 by leaving copies with female adult co-resident, answer due 1/16/2007. (cxb, ) (Entered: 01/03/2007)

RECAP
9 Dec. 27, 2006

SUMMONS Returned Executed as to Ben Robinson served on 12/22/2006 via personal service, answer due 1/11/2007. (cxb, ) (Entered: 01/03/2007)

RECAP
10 Dec. 29, 2006

SUMMONS Returned Executed as to Charlie Bird served on 12/27/2006 via personal service, answer due 1/16/2007. (cxb, ) (Entered: 01/04/2007)

RECAP
11 Dec. 29, 2006

SUMMONS Returned Executed as to Bill Moses served on 12/29/2006 via personal service, answer due 1/18/2007. (cxb, ) (Entered: 01/04/2007)

RECAP
12 Jan. 5, 2007

SUMMONS Returned Executed as to Tim O'Hare served on 1/4/2007 via personal service, answer due 1/24/2007. (cxb) (Entered: 01/10/2007)

RECAP
13 Jan. 11, 2007

NOTICE by The City of Farmers Branch, Texas (Boyle, Matthew) (Entered: 01/11/2007)

RECAP
15 Jan. 11, 2007

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against The City of Farmers Branch Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (cxb) (Entered: 01/16/2007)

RECAP
16 Jan. 11, 2007

Summons Issued as to Texas Attorney General, The City of Farmers Branch Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk. (iss-9) (cxb) (Entered: 01/16/2007)

RECAP
14 Jan. 15, 2007

ANSWER to 15 First Amended Complaint by The City of Farmers Branch Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk. (Boyle, Matthew) Modified on 1/16/2007 (cxb). (Entered: 01/15/2007)

RECAP
17 Jan. 16, 2007

SUMMONS Returned Executed as to The City of Farmers Branch Texas served on 1/12/2007 by delivering to its senior administrative assistant, answer due 2/1/2007. (cxb) (Entered: 01/19/2007)

RECAP
18 Jan. 16, 2007

SUMMONS Returned Executed as to Charlie Bird served on 1/15/2007 via personal service, answer due 2/5/2007. (cxb) (Entered: 01/19/2007)

RECAP
19 Jan. 16, 2007

SUMMONS Returned Executed as to Ben Robinson served on 1/13/2007 via personal service, answer due 2/2/2007. (cxb) (Entered: 01/19/2007)

RECAP
20 Jan. 16, 2007

SUMMONS Returned Executed as to James Smith served on 1/15/2007 via personal service, answer due 2/5/2007. (cxb) (Entered: 01/19/2007)

RECAP
21 Jan. 16, 2007

SUMMONS Returned Executed as to Bill Moses served on 1/13/2007 via personal service, answer due 2/2/2007. (cxb) (Entered: 01/19/2007)

RECAP
22 Jan. 18, 2007

SUMMONS Returned Executed as to Jim Olk served on 1/16/2007 via personal service, answer due 2/5/2007. (cxb) (Entered: 01/19/2007)

RECAP
23 Jan. 18, 2007

SUMMONS Returned Executed as to Texas Attorney General by delivering to Daniel Ramirez, Executive Assistant to Legal Counsel. (cxb) (Entered: 01/19/2007)

RECAP
24 Jan. 19, 2007

SUMMONS Returned Executed as to Bob Phelps served personally on 1/17/2007, answer due 2/6/2007. (klm) (Entered: 01/22/2007)

RECAP
25 Jan. 19, 2007

SUMMONS Returned Executed as to Tim O'Hare served personally on 1/17/2007, answer due 2/6/2007. (klm) (Entered: 01/22/2007)

RECAP
26 Jan. 29, 2007

Vacation Letter on behalf of defendants, et al. (Boyle, Matthew) Modified on 1/30/2007 (cxb). (Entered: 01/29/2007)

RECAP
27 Feb. 12, 2007

MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Individual Defendants for Failure to State a Claim by The City of Farmers Branch Texas, Bob Phelps, Tim O'Hare, Bill Moses, Charlie Bird, James Smith, Ben Robinson, Jim Olk. (Boyle, Matthew) Modified on 2/13/2007 (cxb). (Entered: 02/12/2007)

RECAP
28 Feb. 12, 2007

Brief/Memorandum in Support filed by The City of Farmers Branch Texas re 27 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Individual Defendants for Failure to State a Claim. (Boyle, Matthew) Modified on 2/13/2007 (cxb). (Entered: 02/12/2007)

RECAP
29 March 5, 2007

Unopposed MOTION for Leave to File Plaintiffs' Second Amended Complaint by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Attachments: # 1 Appendix Second Amended Complaint# 2 Text of Proposed Order Proposed Order on Motion for Leave) (Gardner, Michael) (Entered: 03/05/2007)

RECAP
30 March 6, 2007

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Individual Defendants for Failure to State a Claim by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Attachments: # 1) (Smith, Michael) (Entered: 03/06/2007)

RECAP
31 March 7, 2007

ORDER: granting 29 Plaintiffs' Unopposed Motion for Leave to File Plaintiffs' Second Amended Complaint, granting 30 Plaintiffs' Unopposed Motion for Extension of Time to File Response as to 27 Motion to Dismiss. Plaintiffs shall file their Second Amended Complaint within three business days of this order. Responses due by 3/9/2007 5:00 p.m. (Signed by Judge Sam A Lindsay on 3/7/07) (cxb) (Entered: 03/07/2007)

RECAP
32 March 9, 2007

SECOND AMENDED COMPLAINT Villas at Parkside Partners, et al. against The City of Farmers Branch Texas filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (Smith, Michael) Modified on 3/20/2007 (cxb). (Entered: 03/09/2007)

RECAP
33 March 15, 2007

ORDER denying as moot 27 Motion to Dismiss for Lack of Jurisdiction (Signed by Judge Sam A Lindsay on 3/15/07) (jrb) (Entered: 03/15/2007)

RECAP
34 March 16, 2007

Unopposed Motion for Extension of Time to File Answer by The City of Farmers Branch Texas. (Boyle, Matthew) Modified on 3/19/2007 (cxb). (Entered: 03/16/2007)

RECAP
35 March 19, 2007

Unopposed Motion for Extension of Time to File Answer by The City of Farmers Branch Texas (Boyle, Matthew) Modified on 3/20/2007 (cxb). (Entered: 03/19/2007)

RECAP
36 March 20, 2007

ORDER denying as moot 34 Motion for Extension of Time to File Answer, granting 35 Motion for Extension of Time to File Answer to 32 Second Amended Complaint. The City of Farmers Branch Texas answer due 3/28/2007 5:00 PM. (Signed by Judge Sam A Lindsay on 3/20/07) (cxb) (Entered: 03/20/2007)

RECAP
37 March 28, 2007

NOTICE of Attorney Appearance by Darrell G-M Noga on behalf of The City of Farmers Branch Texas (Noga, Darrell) (Entered: 03/28/2007)

RECAP
38 March 28, 2007

MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)) by The City of Farmers Branch Texas with Incorporated Brief in Support. (Noga, Darrell) (Entered: 03/28/2007)

RECAP
39 April 10, 2007

Vacation Letter by attorney for defendants. (Boyle, Matthew) Modified on 4/11/2007 (cxb). (Entered: 04/10/2007)

RECAP
40 April 17, 2007

Unopposed Motion for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd. (Attachments: # 1 Text of Proposed Order) (Smith, Michael) Modified on 4/18/2007 (cxb). (Entered: 04/17/2007)

RECAP
41 April 18, 2007

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. (Signed by Judge Sam A Lindsay on 4/18/07) (cxb) (Entered: 04/19/2007)

RECAP
42 April 19, 2007

Defendant's REPLY to Barrietos Plaintiffs' Response to Defendant's Motion to Dismiss Under FRCP Rule 12(b)(1) and 12(b)(6)) filed by The City of Farmers Branch Texas re MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)) 1 Exhibit A) (Noga, Darrell) Modified on 4/24/2007 (skt). (Entered: 04/19/2007)

RECAP
43 April 24, 2007

Plaintiffs' Memorandum in Opposition filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 38 MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)). (Smith, Michael) Modified on 4/25/2007 (cxb). (Entered: 04/24/2007)

RECAP
44 May 2, 2007

*** WITHDRAWN per order dated 5/29/07, doc. 93. *** MOTION to Quash Plaintiffs' Notice of Deposition by Federation for American Immigration Reform Inc with Brief in Support. (Attachments: # 1 Exhibit Exhibit A) (Jancaitis, Sara Kate) Modified on 5/29/2007 (cxb). (Entered: 05/02/2007)

RECAP
45 May 3, 2007

Unopposed MOTION to Extend Time to Respond to City of Farmers Branch's Motion to Dismiss by Alfredo Vasquez (Attachments: # 1 Text of Proposed Order) (Perales, Nina) (Entered: 05/03/2007)

RECAP
46 May 7, 2007

ORDER REFERRING MOTION to Judge Sanderson: 44 Motion to Quash filed by Federation for American Immigration Reform Inc. Motions referred to Wm F Sanderson, Jr. (Signed by Judge Sam A Lindsay on 5/7/07) (cxb) (Entered: 05/07/2007)

RECAP
47 May 7, 2007

Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Judge Wm F Sanderson Jr on 5/7/07) (cxb) (Entered: 05/07/2007)

RECAP
48 May 7, 2007

ORDER: granting 45 Unopposed Motion to Extend Time to Respond to City of Farmers Branch's Motion to Dismiss filed by Alfredo Vasquez. Responses due by 5/8/2007 5:00 p.m. (Signed by Judge Sam A Lindsay on 5/7/07) (cxb) (Entered: 05/07/2007)

RECAP
49 May 8, 2007

RESPONSE filed by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Todd Mongeon, Andrew Mongeon re 44 MOTION to Quash Plaintiffs' Notice of Deposition and Brief in Support (Perales, Nina) (Entered: 05/08/2007)

RECAP
50 May 8, 2007

RESPONSE filed by Alfredo Vasquez re MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)) Vasquez filed by Farmers Branch (Doc. 47 in previously terminated case 3-06-cv-2376-L).(Attachments: # 1 Appendix Appendix to Plaintiff Vasquez et al Response to Motion to Dismiss) (Perales, Nina) Modified on 5/9/2007 (cxb). (Entered: 05/08/2007)

RECAP
51 May 9, 2007

Appendix to 49 Response to Motion, by Consol Plaintiffs Jane Does #2 and 3, and John Does #1 and 2, Todd Mongeon, Andrew Mongeon. (Perales, Nina) Modified on 5/9/2007 (cxb). (Entered: 05/09/2007)

RECAP
52 May 9, 2007

REPLY filed by The City of Farmers Branch Texas re 38 MOTION to Dismiss (Rule 12(b)(1) and 12(b)(6)). (Attachments: # 1 Exhibit A) (Noga, Darrell) Modified on 5/10/2007 (cxb). (Entered: 05/09/2007)

RECAP
53 May 11, 2007

MOTION to Quash Barrietos Plaintiffs' Deposition Notice to Bob Phelps and Motion for Protective Order by The City of Farmers Branch Texas with Incorporated Brief. (Attachments: # 1 Exhibit "A") (Noga, Darrell) Modified on 5/14/2007 (cxb). (Entered: 05/11/2007)

RECAP
54 May 11, 2007

MOTION to Quash Barrietos Plaintiffs' Deposition Notice to James Smith and Motion for Protective Order by The City of Farmers Branch Texas with Incorporated Brief. (Attachments: # 1 Exhibit "A") (Noga, Darrell) Modified on 5/14/2007 (cxb). (Entered: 05/11/2007)

RECAP
55 May 11, 2007

MOTION to Quash Barrietos Plaintiffs' Deposition Notice to Tim O'Hare and Motion for Protective Order by The City of Farmers Branch Texas with Incorporated Brief. (Attachments: # 1 Exhibit "A") (Noga, Darrell) Modified on 5/14/2007 (cxb). (Entered: 05/11/2007)

RECAP
56 May 11, 2007

MOTION to Quash Barrietos Plaintiffs' Deposition Notice to Ben Robinson and Motion for Protective Order by The City of Farmers Branch Texas with Incorporated Brief. (Attachments: # 1 Exhibit "A") (Noga, Darrell) Modified on 5/14/2007 (cxb). (Entered: 05/11/2007)

RECAP
57 May 14, 2007

*** VACATED per order 5/15/07, doc. 64. *** ORDER REFERRING MOTIONS to Judge Ramirez: 56 Motion to Quash filed by The City of Farmers Branch Texas, 54 Motion to Quash filed by The City of Farmers Branch Texas, 55 Motion to Quash filed by The City of Farmers Branch Texas, 53 Motion to Quash filed by The City of Farmers Branch Texas. Motions referred to Irma C Ramirez. (Signed by Judge Sam A Lindsay on 5/14/07) (cxb) Modified on 5/15/2007 (cxb). (Entered: 05/14/2007)

RECAP
58 May 14, 2007

ORDER: Setting Deadlines as to 44 Federation for American Immigration Reform, Inc's Motion to Quash. Motion Hearing set for 5/30/2007 09:30 AM before Magistrate Judge Wm F Sanderson Jr. (Signed by Judge Wm F Sanderson Jr on 5/14/07) (cxb) (Entered: 05/14/2007)

RECAP
59 May 14, 2007

Unopposed MOTION for Leave to File Brief in Excess of Page Limit by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Jane Doe #4 and John Doe #3, Todd Mongeon, Andrew Mongeon (Attachments: # 1 Text of Proposed Order for leave to file brief in excess of page limit) (Perales, Nina) (Entered: 05/15/2007)

RECAP
60 May 15, 2007

MOTION for Temporary Restraining Order by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Jane Doe #4 and John Doe #3, Todd Mongeon, Andrew Mongeon with Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Perales, Nina) (Entered: 05/15/2007)

RECAP
61 May 15, 2007

Brief/Memorandum in Support filed by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Jane Doe #4 and John Doe #3, Todd Mongeon, Andrew Mongeon re 60 MOTION for Temporary Restraining Order (Attachments: # 1 Appendix # 2 Exhibit A-E# 3 Exhibit F-H# 4 Exhibit I-N# 5 Exhibit O-W) (Perales, Nina) (Entered: 05/15/2007)

RECAP
62 May 15, 2007

ORDER granting 59 Motion for Leave to Extend Page Limitations to Plaintiffs' Memorandum of Law in Support of their Application for a Temporary Restraining Order. Plaintiffs' memorandum shall not exceed 30 pages. (Signed by Judge Sam A Lindsay on 5/15/07) (cxb) (Entered: 05/15/2007)

RECAP
63 May 15, 2007

MOTION for Temporary Restraining Order by Elizabeth Barrietos, Raymundo Foertes, Monica V Barrientos, Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Janes Does 1-25, John Does 1-25 with Memorandum of Law in Support. (Attachments: # 1 Memorandum of Law in Support of Application for Temporary Restraining Order# 2 Appendix Appendix to Application and Memordum of Law in Support of Temporary Restraining Order# 3 Text of Proposed Order Proposed Order) (Nelson, M) (Entered: 05/15/2007)

RECAP
64 May 15, 2007

ORDER REFERRING MOTION to Judge Sanderson: 56 Motion to Quash, filed by The City of Farmers Branch Texas, 54 Motion to Quash, filed by The City of Farmers Branch Texas, 55 Motion to Quash, filed by The City of Farmers Branch Texas, 53 Motion to Quash, filed by The City of Farmers Branch Texas. By order of May 14, 2007, the court referred several pending motions to United States Magistrate Judge Irma C. Ramirez. The court hereby vacates the May 14, 2007 order. Motions referred to Wm F Sanderson, Jr. (Signed by Judge Sam A Lindsay on 5/15/07) (cxb) (Entered: 05/15/2007)

RECAP
65 May 16, 2007

NOTICE of Attorney Appearance by Kenneth W Edwards on behalf of Alfredo Vasquez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Todd Mongeon, Andrew Mongeon (Edwards, Kenneth) (Entered: 05/16/2007)

RECAP
66 May 16, 2007

MOTION for Temporary Restraining Order and Preliminary Injunction by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd with Brief in Support. (Smith, Michael) (Entered: 05/16/2007)

RECAP
67 May 16, 2007

Brief/Memorandum in Support filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 66 MOTION for Temporary Restraining Order and Preliminary Injunction (Smith, Michael) (Entered: 05/16/2007)

RECAP
68 May 16, 2007

Appendix in Support filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 67 Brief/Memorandum in Support of Motion (Attachments: # 1 Appendix App_1# 2 Appendix App_2) (Smith, Michael) (Entered: 05/16/2007)

RECAP
69 May 16, 2007

Unopposed Motion to Enlarge Page Limitation for Plaintiff's Brief in Support of Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Smith, Michael) Modified on 5/17/2007 (cxb). (Entered: 05/16/2007)

RECAP
70 May 16, 2007

ORDER: Setting Deadlines as to 60 Motion for TRO, 63 Motion for TRO, 66 Motion for TRO. Pursuant to the court's telephone conference with the parties, any response by Defendant must be filed later than 2:00 p.m. on May 17, 2007, and any reply by Plaintiffs must be filed no later than 2:00 p.m. on May 18, 2007. Motion Hearing, if necessary, set for 5/21/2007 09:00 AM before Judge Sam A Lindsay. (Signed by Judge Sam A Lindsay on 5/16/07) (cxb) (Entered: 05/17/2007)

RECAP
May 16, 2007

Minute Entry - Telephone Conference held with Judge Sam A. Lindsay: Attorneys: Plaintiffs - Nina Perales; Kenneth Edwards; Omar Jadwat; James Renard; Forest Nelson; Defense - Matthew Boyle. (Court Reporter: Charyse Crawford.) Time: 40 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (dag)

71 May 17, 2007

ORDER granting 69 Motion to Enlarge Page Limits for Plaintiffs' Brief In Support of Plaintiffs' Application for a Temporary Restraining Order and Preliminary Injunction. (Signed by Judge Sam A Lindsay on 5/17/07) (cxb) (Entered: 05/17/2007)

RECAP
72 May 17, 2007

*** DISREGARD, see doc. 73. *** REPLY filed by The City of Farmers Branch Texas re 63 MOTION for Temporary Restraining Order (Boyle, Matthew) Modified on 5/17/2007 [Wrong docket event used.] (cxb). (Entered: 05/17/2007)

RECAP
73 May 17, 2007

RESPONSE filed by The City of Farmers Branch Texas re 63 MOTION for Temporary Restraining Order (Boyle, Matthew) (Entered: 05/17/2007)

RECAP
74 May 17, 2007

Appendix in Support filed by The City of Farmers Branch Texas re 73 Response to Motion (Attachments: # 1 Appendix F-G # 2 Appendix H-I# 3 Appendix J# 4 Appendix K-L) (Boyle, Matthew) Modified on 5/17/2007 (cxb). (Entered: 05/17/2007)

RECAP
75 May 18, 2007

Unopposed MOTION for Leave to File Extend Page Limit by The City of Farmers Branch Texas (Boyle, Matthew) (Entered: 05/18/2007)

RECAP
76 May 18, 2007

REPLY filed by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd re 66 MOTION for Temporary Restraining Order and Preliminary Injunction (Smith, Michael) (Entered: 05/18/2007)

RECAP
77 May 18, 2007

REPLY filed by Elizabeth Barrietos, Raymundo Foertes, Monica V Barrientos, Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Janes Does 1-25, John Does 1-25 re 63 MOTION for Temporary Restraining Order (Nelson, M) (Entered: 05/18/2007)

RECAP
78 May 18, 2007

MOTION to Enlarge Page Limitation for Plaintiff's Reply by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Attachments: # 1 Text of Proposed Order Proposed Order) (Smith, Michael) Modified on 5/18/2007 (cxb). (Entered: 05/18/2007)

RECAP
79 May 18, 2007

REPLY filed by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Jane Doe #4 and John Doe #3, Todd Mongeon, Andrew Mongeon re 60 MOTION for Temporary Restraining Order (Attachments: # 1 Appendix) (Perales, Nina) (Entered: 05/18/2007)

RECAP
80 May 21, 2007

ORDER granting 75 Unopposed Motion for Leave to File Extend Page Limititations; granting 78 Motion to Enlarge Page Limitations for Plaintiff's Reply. [see order for specifics] (Signed by Judge Sam A Lindsay on 5/21/07) (cxb) (Entered: 05/21/2007)

RECAP
81 May 21, 2007

Memorandum Opinion and Order granting 66 Motion for TRO filed by Lakeview at Parkside Partners Ltd, Chateau Ritz Partners, Villas at Parkside Partners; granting 60 Motion for TRO filed by Jane Does #2 and 3, and John Does #1 and 2, Alfredo Vasquez, Jane Doe #1, Andrew Mongeon, Ramiro Perez, Jane Doe #4 and John Doe #3, Todd Mongeon; denying 63 Motion for TRO filed by Elva Rodriguez, Juan Sanchez, Magdalene Rangel, Ana R Montoya, Rafael Garcia, Elizabeth Barrietos, Victorino Calexes, Belen Ortiz, Felipa Zamora, Guillermo Gil, Alicia Alvarado, Raymundo Foertes, Su You, Ana Cecilia Castro, Tanveer Yousuf, Dung Tran, Aslan Rafizadeh, Ramon Pacheco, Reyna Figueroa, Marta Castillo, John Does 1-25, Giovary Garcia, Sandra Trejo, Eusebio Eduardo Egusquiza, Janes Does 1-25, Oscar Garcia, Maria C Perales, Adela Reyes, Otto Barrera, Martha A Gonzalez, Monica V Barrientos. Accordingly, the court hereby sets a bond in the amount of $1,500 for the Villas Plaintiffs and $1,500 for the Vasquez Plaintiffs. This temporary restraining order shall not take effect until each group of Plaintiffs tenders to the clerk of the court $1,500 cash, or a bond for $1,500 in a form approved by the clerk of the court, in compliance with Rule 65(c) of the Federal Rules of Civil Procedure. [see order for specifics] (Signed by Judge Sam A Lindsay on 5/21/07) (ctf-cxb) (Entered: 05/21/2007)

RECAP
82 May 22, 2007

FIRST AMENDED COMPLAINT and Application for Injunctive Relief against The City of Farmers Branch Texas filed by Elizabeth Barrietos, Raymundo Foertes, Monica V Barrientos, Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Janes Does 1-25, John Does 1-25. (Nelson, M) Modified on 5/23/2007 (cxb). (Entered: 05/22/2007)

RECAP
83 May 22, 2007

ORDER: Before the court are Plaintiffs' applications for temporary restraining order and preliminary injunction. The court sets Plaintiffs' request for a preliminary injunction for hearing on June 5, 2007, at 9:00 a.m. Defendant may file supplemental materials no later than May 29, 2007 at 5:00 p.m. Defendant's brief may not exceed twenty-five pages. Plaintiffs may respond to Defendant's supplemental materials no later than June 4, 2007 at 12:00 p.m. Plaintiffs' briefs may not exceed ten pages. The Vasquez Plaintiffs are granted leave to file a motion for preliminary injunction. (Signed by Judge Sam A Lindsay on 5/22/07) (cxb) (Entered: 05/23/2007)

RECAP
84 May 22, 2007

Cash Bond in the amount of $1,500 posted by Chateau Ritz Partners, Villas at Parkside Partners, Lakeview at Parkside Partners Ltd (Bickel Brewer). (cxb) (Entered: 05/23/2007)

RECAP
May 22, 2007

NOTICE of Docket Text/Document Modification by Deputy Clerk regarding (83), was docketed in the wrong case, has been deleted. (cxb)

May 22, 2007

Minute Entry - Telephone Conference held with Judge Sam A. Lindsay : Attorney Appearances: Plaintiff - Nina Perales, Kenneth Edwards, James Renard, Forest Nelson, John Barr; Defense - Matthew Boyle, Darrell Noga, John Boyle, Jr., Scott Shanes, Sara Kate Jancaitis, and Mike Hethmon. (Court Reporter: Charyse Crawford.) Time: 30 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (dag)

85 May 23, 2007

REPLY filed by The City of Farmers Branch Texas re 27 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Individual Defendants for Failure to State a Claim (Boyle, Matthew) (Entered: 05/23/2007)

RECAP
86 May 23, 2007

MOTION for Leave to File Amended Complaint by Elizabeth Barrientos, Raymundo Foertes, Monica V Barrientos, Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Janes Does 1-25, John Does 1-25 (Attachments: # 1 Text of Proposed Order) (Nelson, M) (Entered: 05/23/2007)

RECAP
87 May 23, 2007

MOTION for Leave to File Amended Application for Injunctive Relief by Elizabeth Barrientos, Raymundo Foertes, Monica V Barrientos, Dung Tran, Maria C Perales, Eusebio Eduardo Egusquiza, Aslan Rafizadeh, Adela Reyes, Felipa Zamora, Ana R Montoya, Otto Barrera, Ramon Pacheco, Rafael Garcia, Magdalene Rangel, Sandra Trejo, Juan Sanchez, Oscar Garcia, Tanveer Yousuf, Su You, Belen Ortiz, Alicia Alvarado, Reyna Figueroa, Ana Cecilia Castro, Victorino Calexes, Elva Rodriguez, Martha A Gonzalez, Giovary Garcia, Marta Castillo, Guillermo Gil, Janes Does 1-25, John Does 1-25 (Attachments: # 1 Text of Proposed Order) (Nelson, M) (Entered: 05/23/2007)

RECAP
88 May 23, 2007

Cash Bond in the amount of $1,500 posted by Vasquez plaintiffs (Weil Gotshal Manges). (cxb) (Entered: 05/24/2007)

RECAP
91 May 23, 2007

Application and Order for Admission Pro Hac Vice by Andrew R Swartz for Alfredo Vasquez, Ramiro Perez, Jane Doe 1, Jane Does 2 and 3 and John Does 1 and 2, Todd Mongeon, and Andrew Mongeon. (Signed by Judge Sam A Lindsay on 05/23/2007) (axm) (Entered: 05/25/2007)

RECAP
92 May 23, 2007

Application and Order for Admission Pro Hac Vice by David J Healey for Alfredo Vasquez,Ramiro Perez, Jane Doe 1, Jane Does 2 and 3 and John Does 1 and 2, Todd Mongeon, and Andrew Mongeon. (Signed by Judge Sam A Lindsay on 05/23/2007) (axm) (Entered: 05/25/2007)

RECAP
89 May 24, 2007

Unopposed MOTION to Withdraw 44 MOTION to Quash Plaintiffs' Notice of Deposition by Federation for American Immigration Reform Inc (Attachments: # 1 Text of Proposed Order) (Jancaitis, Sara Kate) (Entered: 05/24/2007)

RECAP
90 May 24, 2007

MOTION for Injunction Preliminary Injunction by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Jane Doe #4 and John Doe #3, Todd Mongeon, Andrew Mongeon (Attachments: # 1 Text of Proposed Order) (Perales, Nina) (Entered: 05/24/2007)

RECAP
93 May 29, 2007

ORDER granting 89 Motion to Withdraw 44 Motion to Quash Plaintiffs' Notice of Deposition. Further ORDERED that the hearing on the Motion to Quash, previously scheduled for 9:30 a.m. on Wednesday, May 30, 2007 before Magistrate Judge Sanderson, is hereby withdrawn from the Court's calendar. (Signed by Judge Wm F Sanderson Jr on 5/29/07) (cxb) (Entered: 05/29/2007)

RECAP
94 May 29, 2007

SUPPLEMENTAL RESPONSE filed by The City of Farmers Branch Texas re 66 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Appendix) (Boyle, Matthew) Modified on 5/30/2007 (cxb). (Entered: 05/29/2007)

RECAP
95 June 1, 2007

MOTION to Withdraw as Attorney of Katharine J. Caplan by Alfredo Vasquez, Ramiro Perez, Jane Doe #1, Jane Does #2 and 3, and John Does #1 and 2, Todd Mongeon, Andrew Mongeon (Attachments: # 1 Text of Proposed Order) (Healey, David) (Entered: 06/01/2007)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 22, 2006

Closing Date: Sept. 2, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Group of apartment owners and managers in Farmers Branch, Texas

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

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

City of Farmers Branch, TX

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Supremacy Clause

Other Dockets:

Northern District of Texas 3:06-cv-02371

Northern District of Texas 3:06-cv-02376

Northern District of Texas 3:07-cv-00061

Northern District of Texas 3:08-cv-01551

Northern District of Texas 3:08-cv-01615

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General/Misc.:

Housing

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Immigration status

Immigration/Border:

Constitutional rights

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Recommended Citation