Martinez et al v. City of Fremont et al
| ACLU Nebraska Foundation, Steven Dahl, Jane Doe, Mario Martinez, Jr., Martin Mercado, Paola Mercado, Maria Roe and United Food and Commercial Workers Union, Local 22 |
| City of Fremont, Timothy Mullen and Dean F. Skokan, Jr. |
| 4:2010cv03140 |
| July 21, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Laurie Smith Camp |
| F. A. Gossett |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
269
ORDER granting (255) Motion to Withdraw as Attorney in case 8:10-cv-00270-LSC-FG3; granting (268) Motion to Withdraw as Attorney in case 4:10-cv-03140-LSC-FG3 - The Clerk shall terminate the appearance of Kenneth Sugarman in this matter. The Clerk shall terminate future notices to Kenneth Sugarman in this matter. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
265
ORDER - The Joint Motion to Stay Briefing and Judgment on Costs (Case No. 8:10CV270, Filing No. 247; Case No. 4:10CV3140, Filing No. 264) is granted; All further proceedings on the Bills of Costs that have been filed by the parties are staye d pending the conclusion of the appeal of this matter; and The Motion for Attorney Fees and Costs (Case No. 8:10CV270, Filing No. 248) is terminated, without prejudice. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Chief Judge Laurie Smith Camp. (TEL)
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Filing
263
ORDER - Because Notices of Appeal have been filed by all parties to these actions that may substantially alter the parties' respective claims to attorney fees; and because any delay in the processing of the parties' appeals may sub stantially affect the rights of the parties; and because the time to appeal was not extended under Fed. R. Civ. P. 58; all pending motions are terminated, without prejudice. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Chief Judge Laurie Smith Camp. (TEL)
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Filing
232
DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. For the reasons set out in the Memorandum and Order (Filing No. 231 in Case No. 4:10cv3140 and Filing No. 219 in Case No. 8:10cv270) entered this day, 1. Declaratory Judgment is entered in favor of all Plaintiffs in Case No. 8:10cv270, and all Plaintiffs except ACLU Nebraska Foundation and United Food and Commercial Workers Union Local 22 in Case No. 4:10cv3140, as follows: a. Section 1, Part 2, Part 3.L., and Part 4.D., of Fremont Municipal Or dinance No. 5165, prohibiting the harboring of illegal aliens, providing for the revocation of occupancy licenses, and providing for certain penalties following the revocation of occupancy licenses, is declared void because those provisions are conf lict-preempted by the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., in general, and § 1324, specifically, with respect to harboring, and violate the Fair Housing Act, 42 U.S.C. § 3604;b. All Defendants are permanently enjo ined from taking any action to enforce Section 1, Part 2, Part 3.L., and Part 4.D., of the Ordinance; 2. All other claims of all Plaintiffs in Case No. 8:10cv270 and Case No. 4:10cv3140 are dismissed, with prejudice; and 3. Any motions for attorney fees and costs shall be filed pursuant to Fed. R. Civ. P. 54(d)(2) within fourteen days of the entry of this Judgment. Ordered by Chief Judge Laurie Smith Camp. (JB)
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Filing
189
ORDER granting (170) Joint Motion to Amend Progression Order in case 8:10-cv-00270-LSC-FG3; granting (182) Joint Motion to Amend Progression Order in case 4:10-cv-03140-LSC-FG3. The responses to the motions for summary judgment will be due February 10, 2012. Any reply will be due February 17, 2012. Non-Jury Trial set for 5/15/2012 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Pretrial Conference set for 4/30/2012 at 11:00 AM in Chambers before Magistrate Judge F.A. Gossett. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
160
MEMORANDUM AND ORDER - Defendants' Motion in Limine to Preclude Testimony of Plaintiffs' Expert Witness, Stephen W. Yale-Loehr, Esquire (Filing No. 131 in case 4:10-cv-03140 ) is granted in part as follows: Yale-Loehr may not testif y about immigration law or regulations, or offer any opinion about the legality of the Fremont Ordinance at issue in this case. Defendants' expert witness, Jan C. Ting, is similarly precluded, in limine, from testifying about immigration law or regulations, or offering any opinion about the legality of the Fremont Ordinance at issue in this case. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Chief Judge Laurie Smith Camp. (AOA)
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Filing
140
ORDER granting in part (120) Motion to Extend to File a Motion for Summary Judgment in case 8:10-cv-00270-LSC-FG3; granting in part (136) Motion to Extend Time to File a Motion for Summary Judgemtn in case 4:10-cv-03140-LSC-FG3. Any Motion for Summary Judgment the Defendants or Plaintiffs intend to submit shall be filed by or before January 3, 2012. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3Ordered by Chief Judge Laurie Smith Camp. (JAE)
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Filing
123
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting (116) Motion to Amend in case 8:10-cv-00270-LSC-FG3; granting (121) Motion to Extend in case 4:10-cv-03140-LSC-FG3. Deadlines extended as requested. Expert deposition deadline s et for 12/9/2011. The 3/8/2012 final pretrial conference with Magistrate Judge Gossett, and the 4/10/2012 non-jury trial before Judge Laurie Smith Camp, remain unchanged. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
117
PROTECTIVE ORDER granting (110) Motion for Protective Order in case 8:10-cv-00270-LSC-FG3; granting (115) Motion for Protective Order in case 4:10-cv-03140-LSC-FG3. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
105
ORDER granting 104 Motion to Withdraw as Attorney in case 4:10-cv-03140-LSC-FG3. The Clerk shall terminate the appearance of Tanaz Moghadam in this matter. The Clerk shall terminate future notices to Tanaz Moghadam in this matter. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3 Ordered by Magistrate Judge F.A. Gossett. (TEL)
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Filing
54
ORDER - These consolidated cases are set for a telephonic Rule 16 planning conference to be held Thursday, 2/17/2011 at 11:00 a.m. (the time previously reserved for the final pretrial conference), for the purpose of scheduling the case to trial. Pla intiffs' counsel, Alan E. Peterson, shall initiate the conference call to the undersigned magistrate judge at 402-661-7340. The 3/15/2011 trial date is vacated. A new trial date will be set during the planning conference. Member Cases: 8:10-cv-00270-LSC-FG3, 4:10-cv-03140-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
48
TRIAL ORDER - Non-Jury Trial set for 3/15/2011 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Final Pretrial Conference set for 2/17/2011 at 11:00 AM in Chambers before Magistrate Judge F.A. Gossett. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (CLS, ) Modified on 1/25/2011 to correct trial time (CLS, ).
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Filing
47
STIPULATION AND ORDER terminating (7) Motion for Preliminary Injunction in case 8:10-cv-00270-LSC -FG3; terminating (13) Motion for Preliminary Injunction in case 4:10-cv-03140-LSC -FG3. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
46
ORDER granting 10 Motion for Protective Order. The motion of Jane Doe and Maria Roe for leave to proceed under pseudonym is granted, and the movants may proceed under fictitious names or anonymously. To the extent that any of the movants request the entry of a protective order governing discovery, the issue must be raised by separate motion. Ordered by Magistrate Judge F.A. Gossett. (CLS, )
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Filing
44
ORDER granting (45) Motion to Extend in case 8:10cv270 and granting (43) Motion to Extend in case 4:10-cv-03140-LSC -FG3 ; Defendants will file on or before January 21, 2011 their brief and any evidence in opposition to the Plaintiffs (7) Motion for Preliminary Injunction in case 8:10-cv-00270-LSC -FG3 and (13) Motion for Preliminary Injunction in 4:10cv3140; Plaintiffs may file any reply briefs on or before February 18, 2011. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
42
MEMORANDUM AND ORDER that plaintiff's (13) Motion for Temporary Restraining Order is denied, and the Court reserves ruling on the Preliminary Injunction within the same filing in case 4:10-cv-03140-LSC -FG3; The Plaintiffs Motion for Temporary R estraining Order in Case No. 8:10CV270 (Filing No. 13) is denied; Defendants will respond to the Plaintiffs Motions for Preliminary Injunctions (Filing No. 13 in Case No. 4:10cv3140, and Filing No. (7) in case 8:10-cv-00270-LSC -FG3); and The Plaintiffs may reply to the Defendants briefs and evidence on or before December 17, 2010. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
36
ORDER that by 9/21/201, the Plaintiffs in Case No. 8:10CV270 and Case No. 4:10CV3140 will pay the docketing fee of $125.00 to the Nebraska Supreme Court consistent with Nebraska Revised Statutes and the rules of the Nebraska Supreme Court. Upon paying the docketing fee to the Nebraska Supreme Court, the Plaintiffs will immediately file a notification in this Court that the docketing fee has been paid. Upon notice from either Plaintiff that the docketing fee has been paid in full to the Nebr aska Supreme Court, the Clerk of this Court is directed to forward the following documents to the Nebraska Supreme Court: a. The original petition under the Court's official seal in accordance with Neb. Rev. Stat. § 24-222 (Reissue 2008); and b. Seven (7) certified copies of the signed original petition. (Attachments: # 1 Certification Request) Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3 Ordered by Judge Laurie Smith Camp. (JSF)
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Filing
35
CONSOLIDATION ORDER that Case No. 8:10CV270 and Case No. 4:10CV3140 are hereby consolidated for purposes of the pending motions for temporary restraining order and preliminary injunction, and for discovery; Case No. 8:10CV270 is hereby designated as the "Lead Case," Case No. 4:10CV3140 is hereby designated as a "Member Case; The parties are instructed to file in the Lead Case, No. 8:10CV270. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
32
MEMORANDUM AND ORDER that Counsel for the parties will confer to determine whether agreement can be reached among them on the wording of a question to be certified to the Nebraska Supreme Court to determine whether the Ordinance is invalid as a matter of state law; and On or before September 1, 2010, counsel for the parties will submit to the Court their joint, or separate, proposals for the question to be so certified. Ordered by Judge Laurie Smith Camp. (ADB, )
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