Case: Gray v. City of Valley Park

4:07-cv-00881 | U.S. District Court for the Eastern District of Missouri

Filed Date: April 12, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

This lawsuit was filed in state court in March 2007 by a landlord in Valley Park, Missouri, to challenge the City's anti-immigration ordinances, which reached both housing and employment issues. The plaintiff was one of several parties to an earlier case, in which the court had ruled prior versions of the ordinances unlawful under state law. Reynolds v. City of Valley Park, IM-MO-1. The City then passed amended versions, which are the subject of this lawsuit, and also of a new iteration of …

This lawsuit was filed in state court in March 2007 by a landlord in Valley Park, Missouri, to challenge the City's anti-immigration ordinances, which reached both housing and employment issues. The plaintiff was one of several parties to an earlier case, in which the court had ruled prior versions of the ordinances unlawful under state law. Reynolds v. City of Valley Park, IM-MO-1. The City then passed amended versions, which are the subject of this lawsuit, and also of a new iteration of the Reynolds case ("Reynolds II"). In Reynolds II, the plaintiffs won a temporary restraining order in April, which was then continued by consent of the parties until final resolution. See IM-MO-1 for more details on the ordinances and both Reynolds litigations.

The plaintiff in this case filed a petition for a preliminary injunction, and the case was then removed by defendants to the U.S. District Court for the Eastern District of Missouri, before Judge E. Richard Webber.

In July 2007, the City repealed the immigration-related components of the housing ordinance. Accordingly, on August 9, 2007, the parties in this case agreed to dismiss the housing-related causes of action. The employment matters remained in issue; the plaintiffs argued that the employment ordinance was inoperative, because its enacting language stated that it came into effect only on the end of the injunction in Reynolds v. Valley Park, and that injunction had become permanent. After the filing of the dismissal, the City enacted legislation which made the employment ordinance effective immediately. Plaintiffs filed a motion seeking a declaration that the employment ordinance was invalid and unenforceable and moved to amend their complaint. Both parties then filed cross-motions for summary judgment.

On October 5, 2007, Judge Webber issued an order granting plaintiffs leave to take nine additional discovery depositions. Plaintiff's request to depose the City Attorney was, however, denied. The depositions were completed on October 19, 2007, and the parties supplemented their summary judgment briefs to address the additional factual information gleamed from the depositions.

On January 31, 2008, Judge Webber issued his Memorandum and Order in which he held that the Ordinance at issue was not preempted by federal law, nor did plaintiffs prove that the Ordinance violated equal protection, due process or Missouri state law. Accordingly, the Court denied plaintiffs' request for injunctive relief and entered judgment in favor of the City.

Following plaintiff's appeal, the U.S. Court of Appeals, 8th Circuit, affirmed the lower court's order on June 5, 2009. At the time this summary was written, there have been no further appeals.

Summary Authors

Elizabeth Daligga (7/16/2012)

Related Cases

Reynolds v. City of Valley Park, Missouri, Eastern District of Missouri (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4300236/parties/gray-v-valley-park-missouri-city-of/


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

Loken, James B. (Minnesota)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Bermudez, Fernando (Missouri)

Chang, Jennifer (California)

Fuentes, Gabriel A. (Illinois)

Gelernt, Lee (New York)

Hurtado, Daniel J. (Illinois)

Jadwat, Omar C. (New York)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Beam, Clarence Arlen (Nebraska)

Loken, James B. (Minnesota)

Webber, E. Richard (Missouri)

Attorneys(s) for Plaintiff

Bermudez, Fernando (Missouri)

Chang, Jennifer (California)

Fuentes, Gabriel A. (Illinois)

Gelernt, Lee (New York)

Hurtado, Daniel J. (Illinois)

Jadwat, Omar C. (New York)

Meza, Ricardo (Illinois)

Nagda, Jennifer (Illinois)

Rothert, Anthony [Tony] E. (Missouri)

Attorneys(s) for Defendant

Hethmon, Michael M. (District of Columbia)

Kobach, Kris W. (Missouri)

Martin, Eric M. (Missouri)

Documents in the Clearinghouse

Document

4:07-cv-00881

Docket (PACER)

Gray v. Valley Park

Oct. 5, 2007

Oct. 5, 2007

Docket

4:07-cv-00881

Petition for Declaratory and Injunctive Relief

Gray v. Valley Park

March 14, 2007

March 14, 2007

Pleading / Motion / Brief

07-CC-1103

Amended Petition for Declaratory and Injunctive Relief

Gray v. Valley Park

Missouri state trial court

April 12, 2007

April 12, 2007

Pleading / Motion / Brief

07-CC-1103

Plaintiffs' Motion for a Preliminary Injunction

Missouri state trial court

April 19, 2007

April 19, 2007

Pleading / Motion / Brief
29

4:07-cv-00881

Memorandum in Response to Plaintiffs' Motion for a Preliminary Injunction

Windhover, Inc. v. Valley Park

June 1, 2007

June 1, 2007

Pleading / Motion / Brief
38

4:07-cv-00881

Motion for an Order Consolidating Trial on the Merits with Hearing on Plaintiffs' Motion for Preliminary Injunction

Windhover, Inc. v. Valley Park, Missouri

June 14, 2007

June 14, 2007

Pleading / Motion / Brief
40-1

4:07-cv-00881

Reply Memorandum In Support of Plaintiffs' Motion for Preliminary Injunction

Windhover, Inc. v. Valley Park, Missouri

June 14, 2007

June 14, 2007

Pleading / Motion / Brief
49

4:07-cv-00881

Memorandum and Order

Gray v. City of Valley Park Missouri

Aug. 8, 2007

Aug. 8, 2007

Order/Opinion
50

4:07-cv-00881

Plaintiffs’ Motion and Supporting Memorandum for a Declaration that Valley Park Ordinance No. 1722 is Inoperative

Windhover, Inc. v. Valley Park, Missouri

Aug. 9, 2007

Aug. 9, 2007

Pleading / Motion / Brief
51

4:07-cv-00881

Stipulation of Partial Voluntary Dismissal under Fed. R. Civ. P. 41(a)(1)

Windhover v. City of Valley Park

Aug. 9, 2007

Aug. 9, 2007

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300236/gray-v-valley-park-missouri-city-of/

Last updated Aug. 28, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link

AMENDED COMPLAINT against Defendant City of Valley Park, Missouri filed by Windhover, Inc. and Jacqueline Gray. (See attachment to the Notice of Removal)(CDD, )

April 12, 2007

April 12, 2007

PACER

MOTION for Preliminary Injunction filed by Plaintiffs Windhover, Inc. and Jacqueline Gray. (See attachment to Notice of Removal) (CDD, )

April 19, 2007

April 19, 2007

PACER

Receipt # S2007-006505 in the amount of $350.00 for CIVIL FILING FEE, CIVIL FILING FEE-PART 2, CIVIL FILING FEE-PART 3 on behalf of CITY OF VALLEY PARK, MO. (CSW,)

May 1, 2007

May 1, 2007

PACER
1

NOTICE OF REMOVAL from St. Louis County Circuit Court, case number 07CC-001103 filed by the City of Valley Park, Missouri. Filing fee $350.00 paid. Disclosure of Corporate Interest issued to Windhover, Inc.. (Attachments: # 1 Copy of State Court Case Part 1# 2 Copy of State Court Case Part 2# 3 Civil Cover Sheet # 4 Original Filing Form)(CDD, ) (Entered: 05/02/2007)

2 Copy of State Court Case Part 1

View on PACER

3 Copy of State Court Case Part 2

View on PACER

4 Civil Cover Sheet

View on PACER

5 Original Filing Form

View on PACER

May 1, 2007

May 1, 2007

PACER
2

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE filed by Defendant City of Valley Park, Missouri. (CDD, ) (Entered: 05/02/2007)

May 1, 2007

May 1, 2007

PACER
3

NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant City of Valley Park, Missouri. Sent To: St. Louis County Circuit Court and Executed by State Court Clerk. (CDD, ) (Entered: 05/02/2007)

May 1, 2007

May 1, 2007

PACER
4

ANSWER to Amended Complaint filed by the City of Valley Park, Missouri. (CDD, ) (Entered: 05/02/2007)

May 1, 2007

May 1, 2007

PACER
5

Letter to attorney Daniel J. Hurtado from Deputy Clerk. Re: Admission by Motion Pro Hac Vice Requirements. (CDD, ) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
6

Letter to attorney Gabriel A. Fuentes from Deputy Clerk. Re: Admission by Motion Pro Hac Vice Requirements. (CDD, ) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
7

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Windhover, Inc.Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Rothert, Anthony) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
8

MOTION for Leave to File Emergency Motion to Reassign Case to Judge Webber by Plaintiffs Windhover, Inc., Jacqueline Gray. (Bermudez, Fernando) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER
9

MOTION for Extension of Time to File Response/Reply by Defendant Valley Park, Missouri, City of. (Martin, Eric) Additional attachment(s) added on 5/4/2007 (KXS, ). (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER

Receipt # S2007-006586 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of HURTADO, DANIEL J.. (CSW,)

May 3, 2007

May 3, 2007

PACER
10

MOTION for Leave to Appear Pro Hac Vice Daniel J. Hurtado (Filing fee $100) by Plaintiff Jacqueline Gray. (CQL, ) (Entered: 05/04/2007)

May 3, 2007

May 3, 2007

PACER
11

MOTION to Remand Case to State Court to Circuit Court of St. Louis County by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
12

MEMORANDUM in Support of Motion re 11 MOTION to Remand Case to State Court to Circuit Court of St. Louis County filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rothert, Anthony) (Entered: 05/04/2007)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

May 4, 2007

May 4, 2007

PACER
13

MOTION to Expedite briefing and decision on motion to remand by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
14

MEMORANDUM in Support of Motion re 13 MOTION to Expedite briefing and decision on motion to remand filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
15

RESPONSE to Motion re 9 MOTION for Extension of Time to File Response/Reply objecting in part filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

PACER
16

ORDER REASSIGNING CASE. Case reassigned to Judge E. Richard Webber for all further proceedings. Judge Jackson's name will be replaced for future assignment. Judge Carol E. Jackson no longer assigned to case; In all future documents filed with the Court, please use the following case number: 4:07cv881 ERW. . Signed by Judge Carol E. Jackson on 5/7/07. (KKS, ) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

PACER

ORDER RECEIPT: (see receipt) Mon May 7 13:17:54 CDT 2007 (KKS, )

May 7, 2007

May 7, 2007

PACER

Docket Text ORDER: Motion for Case Reaassignment [doc. #8] is DENIED, as moot. Case has been reassigned to Judge E. Richard Webber due to a related case as requested. Motion for Pro Hac Vice [doc. #10] is GRANTED. Daniel J. Hurtado shall be admitted pro hac vice for the purpose of representing Plaintiffs in this matter. Counsel for all parties shall appear before this Court on May 8, 2007, at 9:00 a.m. for a Hearing on Defendants' Motion for Extension of Time [doc. #9] to file Response to Motion for Preliminary Injunction and Plaintiffs' Motion for Expedited Briefing [doc. #13] regarding Motion for Remand. Out-of-town counsel has been granted leave to participate in this Hearing by telephone. So Ordered by Judge E. Richard Webber. (BAB)

May 7, 2007

May 7, 2007

PACER

Receipt # S2007-006685 in the amount of $200.00 for ATTORNEY ADM. FEE - PHV-JENNIFER C. CHANG, ATTORNEY ADM. FEE - PHV-OMAR C. JADWAT on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATIO. (CSW,)

May 7, 2007

May 7, 2007

PACER
17

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's Motion for Additional Time to FileResponse to Motion for Preliminary Injunction [doc. #9] is GRANTED in part. Defendant'sResponse shall be filed no later than May 25, 2007. Plaintiffs' Reply shall be filed no later thanMay 31, 2007. IT IS FURTHER ORDERED that Plaintiff's Motion for Expedited Briefing onPlaintiff's Motion to Remand [doc. #13] is GRANTED in part. Defendant's Response shall befiled no later than May 11, 2007. Plaintiffs' Reply shall be filed no later than May 15, 2007. Signed by Judge E. Richard Webber on May 8, 2007. (MCB) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

RECAP

ORDER RECEIPT: (see receipt) Tue May 8 09:46:56 CDT 2007 (MCB, )

May 8, 2007

May 8, 2007

PACER
18

Minute Entry for proceedings held before Judge E. Richard Webber : Motion Hearing held on 5/8/2007 re 9 MOTION for Extension of Time to File Response/Reply filed by Valley Park, Missouri, City of, and 13 MOTION to Expedite briefing and decision on motion to remand filed by Jacqueline Gray, Windhover, Inc. Issues heard. Parties agree on deadlines for responses and replies to pending motions. Order to issue. (Court Reporter or FTR Gold Operator initials: G. Madden) (FTR Gold yes or no: no) (proceedings started: 9:01 a.m.) (proceedings ended: 9:11 a.m.) (JMW) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
19

NOTICE by Plaintiffs Windhover, Inc., Jacqueline Gray Notice to Missouri's Attorney General of Claim that Ordinances are Unconstitutional (Mo. Rev. Stat. ? 527.110): (Rothert, Anthony) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
20

MOTION for Leave to Appear Pro Hac Vice Jennifer C. Chang (Filing fee $100) by Plaintiffs Windhover, Inc., Jacqueline Gray. (JMW) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

PACER
21

MOTION for Leave to Appear Pro Hac Vice Omar C. Jadwat (Filing fee $100) by Plaintiffs Windhover, Inc., Jacqueline Gray. (JMW) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

PACER

Docket Text ORDER: Motions for Leave to Appear Pro Hac Vice [doc. #20 & #21] are GRANTED. Jennifer C. Chang and Omar C. Jadwat shall be admitted pro hac vice for the purpose of representing Plaintiffs in this matter. So Ordered by Judge E. Richard Webber. (BAB)

May 9, 2007

May 9, 2007

PACER

Receipt # S2007-006885 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of KOBACH, KRIS W.. (CSW,)

May 9, 2007

May 9, 2007

PACER

ORDER RECEIPT: (see receipt) Thu May 10 10:03:48 CDT 2007 (JMW, )

May 10, 2007

May 10, 2007

PACER
22

MOTION for Leave to Appear Pro Hac Vice Kris W. Kobach (Filing fee $100) by Defendant Valley Park, Missouri, City of. (JMW) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

PACER

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #22] is GRANTED. Kris W. Kobach shall be admitted pro hac vice for the purpose of representing Defendant in this matter. So Ordered by Judge E. Richard Webber. (BAB)

May 10, 2007

May 10, 2007

PACER

ORDER RECEIPT: (see receipt) Thu May 10 14:33:04 CDT 2007 (JMW, )

May 10, 2007

May 10, 2007

PACER
23

MOTION for Leave to Appear Pro Hac Vice Gabriel A. Fuentes (Filing fee $100) by Plaintiff Jacqueline Gray. (BAK, ) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

PACER
24

RESPONSE MEMORANDUM in Opposition re 11 MOTION to Remand Case to State Court to Circuit Court of St. Louis County filed by Defendant Valley Park, Missouri, City of. (Attachments: # 1 Affidavit Declaration of Eric Martin (Exhibit A)# 2 Exhibit Documents re Martin Decl (Exh A1-A5))(Kobach, Kris) Modified on 5/16/2007 (BAB). (Entered: 05/11/2007)

2 Affidavit Declaration of Eric Martin (Exhibit A)

View on PACER

3 Exhibit Documents re Martin Decl (Exh A1-A5)

View on PACER

May 11, 2007

May 11, 2007

PACER

Receipt # S2007-006931 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of FUENTES, GABRIEL A.. (CSW,)

May 11, 2007

May 11, 2007

PACER

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #23] is GRANTED. Gabriel A. Fuentes shall be admitted pro hac vice for the purpose of representing Plaintiff Jacqueline Gray in this matter. So Ordered by Judge E. Richard Webber. (BAB)

May 14, 2007

May 14, 2007

PACER

ORDER RECEIPT: (see receipt) Mon May 14 09:47:34 CDT 2007 (KLH, )

May 14, 2007

May 14, 2007

PACER

Docket Text ORDER: Oral Argument on Plaintiffs' Motion to Remand [doc. #11] will be held on May 16, 2007, at 2:00 p.m. in Courtroom 12 South o the U.S. District Court. So Ordered by Judge E. Richard Webber. (BAB)

May 14, 2007

May 14, 2007

PACER
25

REPLY MEMORANDUM in Support of Motion re 11 MOTION to Remand Case to State Court to Circuit Court of St. Louis County filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit C# 2 Exhibit D# 3 Exhibit E)(Hurtado, Daniel) Modified on 5/16/2007 (BAB). (Entered: 05/15/2007)

2 Exhibit C

View on PACER

3 Exhibit D

View on PACER

4 Exhibit E

View on PACER

May 15, 2007

May 15, 2007

PACER
26

Minute Entry for proceedings held before Judge E. Richard Webber: Motion Hearing held on 5/16/2007 re 11 MOTION to Remand Case to State Court to Circuit Court of St. Louis County filed by Jacqueline Gray, Windhover, Inc. Matter taken under submission. (Court Reporter or FTR Gold Operator initials: S. Moran.) (FTR Gold yes or no: no.) (proceedings started: 2:00.) (proceedings ended: 2:55.) (KLH, ) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

PACER
27

MEMORANDUM AND ORDER denying 11 Plaintiffs' Motion to Remand and for Attorneys' Fees. Signed by Judge E. Richard Webber on 5/21/07. (KLH, ) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

PACER

ORDER RECEIPT: (see receipt) Mon May 21 09:06:40 CDT 2007 (KLH, )

May 21, 2007

May 21, 2007

PACER
28

MOTION for Extension of Time to File Response/Reply by Defendant Valley Park, Missouri, City of. (Attachments: # 1 Text of Proposed Order Order Changing Filing Dates)(Kobach, Kris) (Entered: 05/25/2007)

2 Text of Proposed Order Order Changing Filing Dates

View on PACER

May 25, 2007

May 25, 2007

PACER

Docket Text ORDER: Motion for Extension of Time [doc. #28] is GRANTED. Defendant's Response to Plaintiff's Motion for Preliminary Injunction shall be filed no later than June 1, 2007. Any Reply by Plaintiff shall be filed no later than June 7, 2007. So Ordered by Judge E. Richard Webber. (BAB)

May 25, 2007

May 25, 2007

PACER
29

MEMORANDUM in Opposition re MOTION for Preliminary Injunction filed by Defendant Valley Park, Missouri, City of. (Attachments: # 1 Exhibit A - Valley Park Notice - Applying for a Valley Park Occupancy Permit# 2 Exhibit B - DHS Exhibit 300 Public Release BY08, Feb. 12, 2007# 3 Exhibit C - DHS Privacy Impact Assessment, April 1, 2007)(Kobach, Kris) (Entered: 06/01/2007)

2 Exhibit A - Valley Park Notice - Applying for a Valley Park Occupancy Permit

View on PACER

3 Exhibit B - DHS Exhibit 300 Public Release BY08, Feb. 12, 2007

View on PACER

4 Exhibit C - DHS Privacy Impact Assessment, April 1, 2007

View on PACER

June 1, 2007

June 1, 2007

PACER
30

MOTION for Leave to File Complete Copy of State Court Petition by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit Petition for Declaratory and Injunctive Relief# 2 Exhibit Pet Ex A# 3 Exhibit Pet Ex B# 4 Exhibit Pet Ex C# 5 Exhibit Pet Ex D# 6 Exhibit Pet Ex E# 7 Exhibit Pet Ex F# 8 Exhibit Pet Ex G# 9 Exhibit Pet Ex H# 10 Exhibit Pet Ex I)(Rothert, Anthony) (Entered: 06/04/2007)

2 Exhibit Petition for Declaratory and Injunctive Relief

View on PACER

3 Exhibit Pet Ex A

View on PACER

4 Exhibit Pet Ex B

View on PACER

5 Exhibit Pet Ex C

View on PACER

6 Exhibit Pet Ex D

View on PACER

7 Exhibit Pet Ex E

View on PACER

8 Exhibit Pet Ex F

View on PACER

9 Exhibit Pet Ex G

View on PACER

10 Exhibit Pet Ex H

View on PACER

11 Exhibit Pet Ex I

View on PACER

June 4, 2007

June 4, 2007

PACER
31

MOTION for Leave to file Complete Copy of State Court Amended Petition by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Amended Petition# 2 Exhibit Am Pet Ex A# 3 Exhibit Am Pet Ex B# 4 Exhibit Am Pet Ex C# 5 Exhibit Am Pet Ex D# 6 Exhibit Am Pet Ex E# 7 Exhibit Am Pet Ex F# 8 Exhibit Am Pet Ex G# 9 Exhibit Am Pet Ex H# 10 Exhibit Am Pet Ex I)(Rothert, Anthony) (Entered: 06/04/2007)

2 Amended Petition

View on PACER

3 Exhibit Am Pet Ex A

View on PACER

4 Exhibit Am Pet Ex B

View on PACER

5 Exhibit Am Pet Ex C

View on PACER

6 Exhibit Am Pet Ex D

View on PACER

7 Exhibit Am Pet Ex E

View on PACER

8 Exhibit Am Pet Ex F

View on PACER

9 Exhibit Am Pet Ex G

View on PACER

10 Exhibit Am Pet Ex H

View on PACER

11 Exhibit Am Pet Ex I

View on PACER

June 4, 2007

June 4, 2007

PACER
32

Consent MOTION for Extension of Time to File Response/Reply as to MOTION for Preliminary Injunction by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER

Docket Text ORDER: Motion for Leave to File Complete Copy of State Court Petition [doc. #30] is GRANTED. Document #31 appears to be a duplicate filing of document #30 and will be DENIED, as moot. Consent Motion for Extension of Time [doc. #32] is GRANTED. Plaintiffs' Reply regarding Motion for Preliminary Injunction shall be filed no later than June 14, 2007. So Ordered by Judge E. Richard Webber. (BAB)

June 4, 2007

June 4, 2007

PACER
33

MOTION for Reconsideration re Docket Text Order, by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER
34

RESPONSE MEMORANDUM in Opposition re 33 MOTION for Reconsideration re Docket Text Order, Opposing Filing of Incorrect Petition Exhibit filed by Defendant Valley Park, Missouri, City of. (Attachments: # 1 Exhibit A - Enacted Ordinance 1722# 2 Exhibit B - Email)(Kobach, Kris) Modified on 6/15/2007 (BAB). (Entered: 06/04/2007)

2 Exhibit A - Enacted Ordinance 1722

View on PACER

3 Exhibit B - Email

View on PACER

June 4, 2007

June 4, 2007

PACER
35

MOTION to Withdraw 33 MOTION for Reconsideration re Docket Text Order, by Plaintiffs Windhover, Inc., Jacqueline Gray. (Rothert, Anthony) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

PACER

Docket Text ORDER: Plaintiffs are granted leave of Court to file a complete copy of the State Court Amended Petition along with the correct exhibits. Defendant shall thereafter file an Amended Answer to Plaintiffs' Amended Petition. So Ordered by Judge E. Richard Webber. (BAB)

June 5, 2007

June 5, 2007

PACER
36

NOTICE by Plaintiffs Windhover, Inc., Jacqueline Gray re Docket Text Order, Amended Petition for Declaratory and Injunctive Relief and Exhibits A-H: (Hurtado, Daniel) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

PACER

Receipt # S2007-007629 in the amount of $100.00 for ATTORNEY ADM. FEE - PHV on behalf of HEATHMON, MICHAEL M.. (CSW,)

June 8, 2007

June 8, 2007

PACER
37

MOTION for Leave to Appear Pro Hac Vice Matthew M. Hethmon (Filing fee $100) by Defendant Valley Park, Missouri, City of. (MCB) (Entered: 06/11/2007)

June 8, 2007

June 8, 2007

PACER

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #37] is GRANTED. Matthew M. Hethmon shall be admitted pro hac vice for the purpose of representing Defendant in this matter. So Ordered by Judge E. Richard Webber. (BAB)

June 12, 2007

June 12, 2007

PACER

ORDER RECEIPT: (see receipt) Tue Jun 12 09:36:37 CDT 2007 (KLH, )

June 12, 2007

June 12, 2007

PACER
38

MOTION to Consolidate Cases On The Merits With Hearing On Plaintiffs' Motion For A Preliminary Injunction (Order) by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Hurtado, Daniel) (Entered: 06/14/2007)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

9 Exhibit H

View on PACER

June 14, 2007

June 14, 2007

PACER
39

Proposed MOTION for Leave to File in Excess of Page Limitation For Reply To Defendant's Response To Plaintiffs' Motion For Preliminary Injunction by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
40

REPLY MEMORANDUM in Support of Motion re MOTION for Preliminary Injunction (Reply) filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit I part 1# 2 Exhibit I Part 2# 3 Exhibit J Part 1# 4 Exhibit J Part 2# 5 Exhibit K Part 1# 6 Exhibit K Part 2# 7 Exhibit L Part 1# 8 Exhibit L Part 2# 9 Exhibit L Part 3# 10 Exhibit L Part 4# 11 Exhibit M# 12 Exhibit N Part 1# 13 Exhibit N Part 2# 14 Exhibit N Part 3# 15 Exhibit N Part 4# 16 Exhibit N part 5# 17 Exhibit N Part 6# 18 Exhibit O Part 1# 19 Exhibit O Part 2# 20 Exhibit O Part 3# 21 Exhibit O Part 4# 22 Exhibit P Part 1# 23 Exhibit P Part 2# 24 Exhibit Q# 25 Exhibit R Part 1# 26 Exhibit R Part 2# 27 Exhibit R Part 3# 28 Exhibit R Part 4# 29 Exhibit R Part 5# 30 Exhibit R Part 6# 31 Exhibit S Part 1# 32 Exhibit S-Part 2# 33 Exhibit S Part 3# 34 Exhibit S Part 4# 35 Exhibit S Part 5# 36 Exhibit S Part 6# 37 Exhibit S Part 7# 38 Exhibit S Part 8)(Hurtado, Daniel) Modified on 6/15/2007 (BAB). (Entered: 06/14/2007)

2 Exhibit I part 1

View on PACER

3 Exhibit I Part 2

View on PACER

4 Exhibit J Part 1

View on PACER

5 Exhibit J Part 2

View on PACER

6 Exhibit K Part 1

View on PACER

7 Exhibit K Part 2

View on PACER

8 Exhibit L Part 1

View on PACER

9 Exhibit L Part 2

View on PACER

10 Exhibit L Part 3

View on PACER

11 Exhibit L Part 4

View on PACER

12 Exhibit M

View on PACER

13 Exhibit N Part 1

View on PACER

14 Exhibit N Part 2

View on PACER

15 Exhibit N Part 3

View on PACER

16 Exhibit N Part 4

View on PACER

17 Exhibit N part 5

View on PACER

18 Exhibit N Part 6

View on PACER

19 Exhibit O Part 1

View on PACER

20 Exhibit O Part 2

View on PACER

21 Exhibit O Part 3

View on PACER

22 Exhibit O Part 4

View on PACER

23 Exhibit P Part 1

View on PACER

24 Exhibit P Part 2

View on PACER

25 Exhibit Q

View on PACER

26 Exhibit R Part 1

View on PACER

27 Exhibit R Part 2

View on PACER

28 Exhibit R Part 3

View on PACER

29 Exhibit R Part 4

View on PACER

30 Exhibit R Part 5

View on PACER

31 Exhibit R Part 6

View on PACER

32 Exhibit S Part 1

View on PACER

33 Exhibit S-Part 2

View on PACER

34 Exhibit S Part 3

View on PACER

35 Exhibit S Part 4

View on PACER

36 Exhibit S Part 5

View on PACER

37 Exhibit S Part 6

View on PACER

38 Exhibit S Part 7

View on PACER

39 Exhibit S Part 8

View on PACER

June 14, 2007

June 14, 2007

PACER

Docket Text ORDER: Motion for Leave to Exceed Page Limitation [doc. #39] is GRANTED. Plaintiffs' Reply [doc. #40] to Defendant's Opposition to Motion for Preliminary Injunction consisting of approximately twenty-three (23) pages is accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BAB)

June 15, 2007

June 15, 2007

PACER

ORDER RECEIPT: (see receipt) Mon Jun 18 09:55:06 CDT 2007 (MCB, )

June 18, 2007

June 18, 2007

PACER
41

MOTION for Leave to File Corrected Reply Memorandum To Correct Typographical Errors by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

PACER
42

CORRECTED REPLY MEMORANDUM in Support of Motion re MOTION for Preliminary Injunction Filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) Modified on 6/19/2007 (BAB). (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

PACER

Docket Text ORDER: Motion for Leave to File Corrected Reply [doc. #41] is GRANTED. Plaintiff's Corrected Reply Memorandum [doc. #42] in Support of Motion for Preliminary Injunction is accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BAB)

June 19, 2007

June 19, 2007

PACER

ORDER RECEIPT: (see receipt) Wed Jun 20 10:15:53 CDT 2007 (MCB, )

June 20, 2007

June 20, 2007

PACER
43

Amended ANSWER to Amended Complaint by Valley Park, Missouri, City of.(Martin, Eric) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
44

MOTION for Leave to File Corrected Exhibits To Reply Memorandum In Support Of Plaintiffs' Motion For Preliminary Injunction by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit J-Part 1# 2 Exhibit J-Part 2# 3 Exhibit K-Part 1# 4 Exhibit K-Part 2# 5 Exhibit K-Part 3# 6 Exhibit L-Part 1# 7 Exhibit L-Part 2# 8 Exhibit L-Part 3)(Hurtado, Daniel) (Entered: 06/22/2007)

2 Exhibit J-Part 1

View on PACER

3 Exhibit J-Part 2

View on PACER

4 Exhibit K-Part 1

View on PACER

5 Exhibit K-Part 2

View on PACER

6 Exhibit K-Part 3

View on PACER

7 Exhibit L-Part 1

View on PACER

8 Exhibit L-Part 2

View on PACER

9 Exhibit L-Part 3

View on PACER

June 22, 2007

June 22, 2007

PACER

Docket Text ORDER: Motion for Leave to File Corrected Exhibits [doc. #44] is GRANTED. Plaintiffs' Exhibits J, K, and L are accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to non-registered attorney on 6/28/2007 (BAK, ).

June 27, 2007

June 27, 2007

PACER
46

MOTION for Leave to Appear Pro Hac Vice Ricardo Meza (Filing fee $100)by Plaintiffs Windhover, Inc., Jacqueline Gray. (RJD) (Entered: 07/05/2007)

July 2, 2007

July 2, 2007

PACER
47

MOTION for Leave to Appear Pro Hac Vice Jennifer R. Nagda (Filing fee $100)by Plaintiffs Windhover, Inc., Jacqueline Gray. (RJD) (Entered: 07/05/2007)

July 2, 2007

July 2, 2007

PACER
45

RESPONSE to Motion re 38 MOTION to Consolidate Cases On The Merits With Hearing On Plaintiffs' Motion For A Preliminary Injunction (Order) Memorandum in Response filed by Defendant Valley Park, Missouri, City of. (Martin, Eric) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

PACER

Receipt # S2007-008063 in the amount of $200.00 for ATTORNEY ADM. FEE - PHV-JENNIFER R. NAGDA, ATTORNEY ADM. FEE - PHV-RICARDO MEZA on behalf of MEXICAN AMERICAN LEGAL DEFENSE FUND. (CSW,)

July 3, 2007

July 3, 2007

PACER

ORDER RECEIPT: (see receipt) Thu Jul 5 09:14:26 CDT 2007 (RJD, )

July 5, 2007

July 5, 2007

PACER
48

MEMORANDUM in Support of Motion re 38 MOTION to Consolidate Cases On The Merits With Hearing On Plaintiffs' Motion For A Preliminary Injunction (Order) filed by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

PACER

Docket Text ORDER: Motions for Leave to Appear Pro Hac Vice [doc. #46 and #47] are GRANTED. Ricardo Meza and Jennifer R. Nagda shall be admitted pro hac vice for the purpose of representing Plaintiffs in this matter. So Ordered by Judge E. Richard Webber. (BAB)

July 6, 2007

July 6, 2007

PACER

ORDER RECEIPT: (see receipt) Fri Jul 6 16:50:04 CDT 2007 (KLH, )

July 6, 2007

July 6, 2007

PACER
49

MEMORANDUM AND ORDER. ORDERED that Plaintiffs' Motion to Consolidate Trial on the Merits with Hearing on Motion for Preliminary Injunction 38 is GRANTED. FURTHER ORDERED that the parties shall appear before this Court on August 10, 2007, at 2:00 p.m. for status conference. FURTHER ORDERED that Defendant City of Valley Park will notify the Court within five (5) days of the date of this order of the status of the Valley Park Ordinances at issue in this suit. Status Conference set for 8/10/2007 02:00 PM in Courtroom 12S before Honorable E. Richard Webber. Signed by Judge E. Richard Webber on 8/8/07. (KLH, ) (Entered: 08/08/2007)

Aug. 8, 2007

Aug. 8, 2007

RECAP

ORDER RECEIPT: (see receipt) Wed Aug 8 12:13:46 CDT 2007 (KLH, )

Aug. 8, 2007

Aug. 8, 2007

PACER
50

MOTION for Issuance of a Declaration that Valley Park Ordinance No. 1722 is Inoperative by Plaintiffs Windhover, Inc., Jacqueline Gray. (Attachments: # 1 Exhibit Exh. 1- Defendant's Amended Answer to Plaintiffs' Amended Petition for Declaratory and Injunctive Relief and Exhibits Thereto# 2 Exhibit Exh. 2- Findings of Fact, Conclusions of Law, Order and Judgment# 3 Exhibit Exh. 3- Motion of Defendant's to Dismiss Plaintiff's Petition for Declaratory Relief and Temporary, Preliminary, and Permanent Injunction# 4 Exhibit Exh. 4- St. Louis County Circuit Court Order and Judgment, August 3, 2007# 5 Exhibit Exh. 5- E-Mail from Daniel Hurtado to Eric Martin, July 24, 2007# 6 Exhibit Exh. 6- E-Mail from Eric Martin to Daniel Hurtado, July 24, 2007# 7 Exhibit Exh. 7- E-Mail from Daniel Hurtado to Eric Martin and Kris Kobach, July 24, 2007# 8 Exhibit Exh. 8- Transcript of Motion Hearing, May 16, 2007)(Hurtado, Daniel) (Entered: 08/09/2007)

2 Exhibit Exh. 1- Defendant's Amended Answer to Plaintiffs' Amended Peti

View on PACER

3 Exhibit Exh. 2- Findings of Fact, Conclusions of Law, Order and Judgment

View on PACER

4 Exhibit Exh. 3- Motion of Defendant's to Dismiss Plaintiff's Petition

View on PACER

5 Exhibit Exh. 4- St. Louis County Circuit Court Order and Judgment, August 3, 200

View on PACER

6 Exhibit Exh. 5- E-Mail from Daniel Hurtado to Eric Martin, July 24, 2007

View on PACER

7 Exhibit Exh. 6- E-Mail from Eric Martin to Daniel Hurtado, July 24, 2007

View on PACER

8 Exhibit Exh. 7- E-Mail from Daniel Hurtado to Eric Martin and Kris Kobach, July

View on PACER

9 Exhibit Exh. 8- Transcript of Motion Hearing, May 16, 2007

View on PACER

Aug. 9, 2007

Aug. 9, 2007

PACER
51

STIPULATION of Partial Voluntary Dismissal Under Fed. Rule of Civil Procedure 41(a)(1) by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER
58

ORDER re: 51 STIPULATION of Partial Voluntary Dismissal Under Fed. Rule of Civil Procedure 41(a)(1). IT IS SO ORDERED. Signed by Judge E. Richard Webber on 8/9/07. (RJD) (Entered: 08/13/2007)

Aug. 9, 2007

Aug. 9, 2007

RECAP
52

MOTION for Leave to exceed page limit by Defendant Valley Park, Missouri, City of. (Kobach, Kris) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
53

MOTION for Summary Judgment by Defendant Valley Park, Missouri, City of. (Kobach, Kris) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
54

MEMORANDUM in Support of Motion re 53 MOTION for Summary Judgment filed by Defendant Valley Park, Missouri, City of. (Attachments: # 1 Exhibit A - Ordinance 1736 (amending Ordinance 1722)# 2 Exhibit B - Arizona v. Salazar Ruling# 3 Exhibit C - DHS Statement to Congress re Employment Eligibility Verification System)(Kobach, Kris) (Entered: 08/10/2007)

2 Exhibit A - Ordinance 1736 (amending Ordinance 1722)

View on PACER

3 Exhibit B - Arizona v. Salazar Ruling

View on PACER

4 Exhibit C - DHS Statement to Congress re Employment Eligibility Verification Sys

View on PACER

Aug. 10, 2007

Aug. 10, 2007

PACER
55

STATEMENT of Material Facts re 53 MOTION for Summary Judgment filed by Defendant Valley Park, Missouri, City of. (Kobach, Kris) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER

Docket Text ORDER: Motion for Leave to Exceed Page Limitation [doc. #52] is GRANTED. Defendant's Memorandum in Support of Motion for Summary Judgment consisting of approximately forty (40) pages is accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BAB)

Aug. 10, 2007

Aug. 10, 2007

PACER
56

ORDER - IT IS HEREBY ORDERED that Plaintiff has 14 days to conduct discovery on the limited question of the legality of the passing of Valley Park, Missosuri Ordinance No. 1736. IT IS FURTHER ORDERED that the parties shall follow the normal briefing schedule on Defendant City of Valley Park's Motion for Summary Judgment. Plaintiff will have 20 days to file their reponse brief and Defendant shall have 5 days thereafter to file their reply brief. IT IS FURTHER ORDERED that the Court shall hold in abeyance Plaintiff's Motion for Declaratory Judgment, pending a determination of whether Valley Park, Missouri Ordinance No. 1776 was lawfully enacted. IT IS FURTHER ORDERED that the parties shall notify the Court by noon on 8/14/07 of any stipulation as to further discovery deadlines.. Signed by Judge E. Richard Webber on 8/10/07. (BAK, ) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

RECAP

ORDER RECEIPT: (see receipt) Fri Aug 10 16:26:32 CDT 2007 (BAK, )

Aug. 10, 2007

Aug. 10, 2007

PACER
57

Minute Entry for proceedings held before Judge E. Richard Webber: Status Conference held on 8/10/2007. Arguments heard. 14 days allowed for discovery on issue of lawfulness. (Court Reporter or FTR Gold Operator initials:T. Hopwood.) (FTR Gold yes or no: no.) (proceedings started: 2:01 pm.) (proceedings ended: 3:00 pm.) (RJD) (Entered: 08/13/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER

ORDER RECEIPT: (see receipt) Mon Aug 13 09:58:50 CDT 2007 (RJD, )

Aug. 13, 2007

Aug. 13, 2007

PACER
59

NOTICE of Filing Proposed Scheduling And Discovery Order by Plaintiffs Windhover, Inc., Jacqueline Gray (Attachments: # 1 Text of Proposed Order)(Hurtado, Daniel) Modified on 8/14/2007 (KLH, ). (Entered: 08/14/2007)

2 Text of Proposed Order

View on PACER

Aug. 14, 2007

Aug. 14, 2007

PACER
60

NOTICE of Filing Proposed Scheduling and Discovery Order by Defendant Valley Park, Missouri, City of (Attachments: # 1 Text of Proposed Order)(Kobach, Kris) Modified on 8/15/2007 (KLH, ). (Entered: 08/14/2007)

2 Text of Proposed Order

View on PACER

Aug. 14, 2007

Aug. 14, 2007

PACER
61

ORIGINAL TRANSCRIPT (Pilot) proceedings of Motion Hearing held on May 16, 2007 before Judge E. Richard Webber. Court Reporter: Susan Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
62

SCHEDULING AND DISCOVERY ORDER. Please refer to order for all deadlines. Signed by Judge E. Richard Webber on 8/15/07. (KLH, ) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
63

MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Summary Judgment by Plaintiffs Windhover, Inc., Jacqueline Gray. (Hurtado, Daniel) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Landlord/owner of rental property in Valley Park, Missouri.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Valley Park (Valley Park), City

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation