Case: Rodriguez v. Mach

5:18-cv-01265 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 5, 2018

Closed Date: Sept. 3, 2019

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Case Summary

The plaintiffs in this action are Texas residents whose driver’s licenses had been suspended. They brought suit against the Chairman of the Texas Department of Public Safety Commission in his official capacity on December 5, 2018. The Commission suspended the plaintiffs’ licenses through a Driver Responsibility Program. The program had forced 1.4 million Texans to pay hundreds or thousands of dollars each year for up to three years after an offense. The plaintiffs filed the class action in the …

The plaintiffs in this action are Texas residents whose driver’s licenses had been suspended. They brought suit against the Chairman of the Texas Department of Public Safety Commission in his official capacity on December 5, 2018. The Commission suspended the plaintiffs’ licenses through a Driver Responsibility Program. The program had forced 1.4 million Texans to pay hundreds or thousands of dollars each year for up to three years after an offense.

The plaintiffs filed the class action in the U.S. District Court for the Western District of Texas. Represented by Equal Justice Under Law and the Austin Community Law Center, the plaintiffs alleged that the Driver Responsibility Program discriminated against indigent Texans. They claimed that the program violated their Fourteenth Amendment rights of due process and equal protection, and violated longstanding principles that a person should not be penalized for inability to pay. To address these violations, the plaintiffs asked for declaratory relief, injunctive relief, and attorneys’ fees. They asked the court to prevent the Texas Public Safety Commission from issuing or processing license suspensions for unpaid surcharges, and to order the commission to reinstate licenses that had been suspended for failure to pay fees associated with the Driver Responsibility Program.

On March 6, 2019, the state filed a motion to dismiss the case. While the motion was pending, Governor Greg Abbott signed Texas House Bill 2048 into law, which repealed the Driver Responsibility Program. The court (Judge Xavier Rodriguez) declared the case moot on September 3, 2019.

Summary Authors

Keagan Potts (2/22/2019)

Bogyung Lim (7/3/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8348619/parties/rodriguez-v-mach/


Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Hatton, Marissa (District of Columbia)

McGiverin, Brian Rolland (Texas)

Attorney for Defendant

Biggs, Adam Arthur (Texas)

Miller, Randall Wilson (Texas)

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Documents in the Clearinghouse

Document

5:18-cv-01265

Docket [PACER]

Rodriquez v. Mach

Sept. 4, 2019

Sept. 4, 2019

Docket
1

5:18-cv-01265

Class Action Complaint

Rodriquez v. Mach

Dec. 5, 2018

Dec. 5, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8348619/rodriguez-v-mach/

Last updated Jan. 30, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-11521456). No Summons requested at this time, filed by KHALID SALAHUDDIN, CHARLES STEVENS, NATHAN ALEXANDER, GRACIELA RODGRIGUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(McGiverin, Brian) (Entered: 12/05/2018)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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Dec. 5, 2018

Dec. 5, 2018

RECAP

Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)

Dec. 5, 2018

Dec. 5, 2018

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)

Dec. 5, 2018

Dec. 5, 2018

PACER
2

Letter to attorney Phil Telfeyan regarding atorney admission to the Western District of Texas. (bc) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
3

Letter to attorney Marissa K. Hatton regarding attorney admission to the Western District of Texas. (bc) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
4

MOTION to Appear Pro Hac Vice by Brian Rolland McGiverin for Phil Telfeyan ( Filing fee $ 100 receipt number 0542-11535515) by on behalf of NATHAN ALEXANDER, GRACIELA RODGRIGUEZ, KHALID SALAHUDDIN, CHARLES STEVENS. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 12/10/2018)

1 Proposed Order

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Dec. 10, 2018

Dec. 10, 2018

PACER

Order on Motion to Appear Pro Hac Vice

Dec. 10, 2018

Dec. 10, 2018

PACER
5

MOTION to Appear Pro Hac Vice by Brian Rolland McGiverin for Marissa Hatton ( Filing fee $ 100 receipt number 0542-11535550) by on behalf of NATHAN ALEXANDER, GRACIELA RODGRIGUEZ, KHALID SALAHUDDIN, CHARLES STEVENS. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 12/10/2018)

1 Proposed Order

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Dec. 10, 2018

Dec. 10, 2018

PACER

Text Order GRANTING 4 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Dec. 10, 2018

Dec. 10, 2018

PACER

Text Order GRANTING 5 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (md)

Dec. 10, 2018

Dec. 10, 2018

PACER
6

WAIVER OF SERVICE Returned Executed by Khalid Salahuddin, Charles Stevens, Nathan Alexander, Graciela Rodriguez as to All Defendants. (Hatton, Marissa) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
7

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Proposed Order)(Biggs, Adam) (Entered: 02/14/2019)

1 Proposed Order

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Feb. 14, 2019

Feb. 14, 2019

PACER

Text Order GRANTING 7 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The responsive pleading deadline is extended to March 5, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mdxr)

Feb. 14, 2019

Feb. 14, 2019

PACER

Set/Reset Deadlines: Answer Due 3/5/19 as to All Defendants. (aej)

Feb. 14, 2019

Feb. 14, 2019

PACER
8

MOTION for Leave to Exceed Page Limitation by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Exhibit Defendants' Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Biggs, Adam) (Entered: 03/05/2019)

1 Exhibit Defendants' Motion to Dismiss

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2 Exhibit 1

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3 Exhibit 2

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4 Proposed Order

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March 5, 2019

March 5, 2019

PACER

Order on Motion for Leave to File Excess Pages

March 6, 2019

March 6, 2019

PACER

Text Order GRANTING 8 Motion for Leave to File Excess Pages entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mdxr)

March 6, 2019

March 6, 2019

PACER
9

MOTION to Dismiss by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Biggs, Adam) (Entered: 03/06/2019)

1 Exhibit 1

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2 Exhibit 2

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March 6, 2019

March 6, 2019

PACER
10

NOTICE of Attorney Appearance by Randall Wilson Miller on behalf of GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. Attorney Randall Wilson Miller added to party GREG ABBOTT(pty:dft), Attorney Randall Wilson Miller added to party Amanda Arriaga(pty:dft), Attorney Randall Wilson Miller added to party Skylor Hearn(pty:dft), Attorney Randall Wilson Miller added to party Steven Mach(pty:dft), Attorney Randall Wilson Miller added to party STEVEN McCRAW(pty:dft) (Miller, Randall) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
11

ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plantiff shall submit agreed scheduling recommendations/proposed scheduling order to the Court.(Scheduling Recommendations/Proposed Schedule Order due April 8, 2019); Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez.(jhw) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
12

Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss 8, Unopposed MOTION for Leave to Exceed Page Limitation, Joint MOTION to Stay Discovery Pending Resolution of the Motion to Dismiss 8 by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Proposed Order)(Biggs, Adam) (Entered: 03/18/2019)

1 Proposed Order

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March 18, 2019

March 18, 2019

PACER
13

ORDER GRANTING 12 Motion for Extension of Time to File Response/Reply ; GRANTING 12 Motion for Leave to File Excess Pages; GRANTING 12 Motion to Stay. Signed by Judge Xavier Rodriguez. (aej) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
14

Response in Opposition to Motion, filed by Nathan Alexander, Graciela Rodriguez, Khalid Salahuddin, Charles Stevens, re 9 MOTION to Dismiss filed by Defendant Steven Mach, Defendant Amanda Arriaga, Defendant STEVEN McCRAW, Defendant Skylor Hearn, Defendant GREG ABBOTT (Attachments: # 1 Proposed Order)(Hatton, Marissa) (Entered: 04/08/2019)

1 Proposed Order

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April 8, 2019

April 8, 2019

PACER
15

ORDER, ( Status Conference and Pending Motion Hearing set for 5/9/2019 10:30 AM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (aej) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
16

RESPONSE in Support, filed by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW, re 9 MOTION to Dismiss filed by Defendant Steven Mach, Defendant Amanda Arriaga, Defendant STEVEN McCRAW, Defendant Skylor Hearn, Defendant GREG ABBOTT (Miller, Randall) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
17

ADVISORY TO THE COURT by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Exhibit A)(Miller, Randall) (Entered: 05/08/2019)

1 Exhibit A

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May 8, 2019

May 8, 2019

PACER
18

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 5/9/2019 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(aej) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
19

TRANSCRIPT REQUEST by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW for proceedings held on 05/09/19. Proceedings Transcribed: Status Conference and hearing on Defendants' Motion to Dismiss. Court Reporter: Gigi Simcox. (Miller, Randall) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
20

NOTICE of vacation dates by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW (Biggs, Adam) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
21

Transcript filed of Proceedings held on 5/9/19, Proceedings Transcribed: Motion to Dismiss. Court Reporter/Transcriber: Gigi Simcox, Telephone number: 210-244-5037, email: gigi_simcox@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/27/2019, Redacted Transcript Deadline set for 7/8/2019, Release of Transcript Restriction set for 9/4/2019, (gs) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
22

ORDER. Signed by Judge Xavier Rodriguez. (aej) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
23

RESPONSE Parties' Joint Response to Court Advisory regarding HB 2048 to 22 Order by Nathan Alexander, Graciela Rodriguez, Khalid Salahuddin, Charles Stevens. (Hatton, Marissa) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
24

Unopposed MOTION to Withdraw as Attorney Randall Miller by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW. (Attachments: # 1 Proposed Order)(Miller, Randall) (Entered: 06/27/2019)

1 Proposed Order

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June 27, 2019

June 27, 2019

PACER

Order on Motion to Withdraw as Attorney

June 27, 2019

June 27, 2019

PACER

Text Order GRANTING 24 Motion to Withdraw as Attorney. IT IS THEREFORE ORDERED that Defendants' Unopposed Motion to Withdraw Randall W. Miller as Counsel is hereby GRANTED. Assistant Attorney General Adam Arthur Biggs should remain as lead counsel for Defendants. The Clerk is instructed to remove Mr. Miller from all further electronic notifications regarding this case. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mdxr)

June 27, 2019

June 27, 2019

PACER
25

MOTION to Stay Case for Ninety (90) Days Pending Legislative Enforcement by Nathan Alexander, Graciela Rodriguez, Khalid Salahuddin, Charles Stevens. (Attachments: # 1 Exhibit HB 2048 Enrolled Bill, # 2 Exhibit Plaintiff DPS Documents, # 3 Proposed Order)(Hatton, Marissa) (Entered: 08/20/2019)

1 Exhibit HB 2048 Enrolled Bill

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2 Exhibit Plaintiff DPS Documents

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3 Proposed Order

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Aug. 20, 2019

Aug. 20, 2019

RECAP
26

Response in Opposition to Motion, filed by GREG ABBOTT, Amanda Arriaga, Skylor Hearn, Steven Mach, STEVEN McCRAW, re 25 MOTION to Stay Case for Ninety (90) Days Pending Legislative Enforcement filed by Plaintiff Graciela Rodriguez, Plaintiff Nathan Alexander, Plaintiff Charles Stevens, Plaintiff Khalid Salahuddin (Biggs, Adam) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
27

REPLY to Response to Motion, filed by Nathan Alexander, Graciela Rodriguez, Khalid Salahuddin, Charles Stevens, re 25 MOTION to Stay Case for Ninety (90) Days Pending Legislative Enforcement filed by Plaintiff Graciela Rodriguez, Plaintiff Nathan Alexander, Plaintiff Charles Stevens, Plaintiff Khalid Salahuddin (Hatton, Marissa) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

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28

Order

Sept. 3, 2019

Sept. 3, 2019

RECAP
29

Judgment - Clerk

Sept. 4, 2019

Sept. 4, 2019

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 5, 2018

Closing Date: Sept. 3, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Texans whose drivers licenses have been suspended through the Driver Responsibility Program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Chairman for the Texas Department of Public Safety Commission (Austin, Austin), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Right to travel

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Source of Relief:

None

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond

Poverty/homelessness

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic