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SECTION SECTION Case SECTION 3 As of 02 41 PM CDT 1 of 9 U.S. District Court LIVE Western District of Texas (El Paso) CIVIL DOCKET FOR CASE # 3 CLOSED Canaan et al v. City Of El Paso Assigned to Judge David C Guaderrama Demand Cause 42 1983 Civil Rights Act SECTION PlaintiffSECTION Carina Canaan Date Filed Date Terminated Jury Demand SECTION PlaintiffSECTION Nature of Suit 440 Civil Rights Other Jurisdiction Federal Question represented by Mimi M.D. Marziani Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 x108 Fax Email mimi@texascivilrightsproject.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Natalia M. Cornelio 405 Main Street Houston, TX 77002 Fax Email natalia@texascivilrightsproject.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter B. Steffensen Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 x101 Fax Email psteff@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Benoit Law Office of Lynn Coyle, PLLC 2515 N Stanton El Paso, TX 79902 Email chris@coylefirm.com ATTORNEY TO BE NOTICED Enrique Moreno The Law Offices of Enrique Moreno 701 Magoffin Ave. El Paso, TX (915) Fax (915) Email emoreno@morenolaw.us ATTORNEY TO BE NOTICED Lynn A. Coyle The Law Office of Lynn Coyle, PLLC 2515 N. Stanton St. El Paso, TX 79902 (915) SECTION Case SECTION 3 As of 02 41 PM CDT 2 of 9 Fax (915) Email lynn@coylefirm.com ATTORNEY TO BE NOTICED Porscha Brown Paso del Norte Civil Rights Project 1317 E. Rio Grande Ave. El Paso, TX 79902 ext. 16 Fax Email Porscha@TexasCivilRightsProject.org ATTORNEY TO BE NOTICED Wayne Krause Yang Texas Legal Services Center 2101 S IH 35 Frontage Rd. Austin, TX 78702 (512) Fax (512) Email WYang@tlsc.org ATTORNEY TO BE NOTICED William Brian Jacobi Texas Civil Rights Project 1317 E. Rio Grande Avenue El Paso, TX 79902 Email jacobi@texascivilrightsproject.org TERMINATED ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Levi Lane represented by Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Natalia M. Cornelio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter B. Steffensen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher Benoit (See above for address) ATTORNEY TO BE NOTICED Enrique Moreno (See above for address) ATTORNEY TO BE NOTICED Lynn A. Coyle (See above for address) ATTORNEY TO BE NOTICED Porscha Brown (See above for address) ATTORNEY TO BE NOTICED Wayne Krause Yang SECTION Case SECTION 3 As of 02 41 PM CDT 3 of 9 (See above for address) ATTORNEY TO BE NOTICED William Brian Jacobi (See above for address) TERMINATED ATTORNEY TO BE NOTICED V. SECTION DefendantSECTION City Of El Paso represented by Adolfo Ruiz Denton Navarro Rocha Bernal & Zech 2517 N. Main San Antonio, TX 78212 Fax Email adolfo.ruiz@rampage-sa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Anelisa Benavides City Attorney's Office 300 N. Campbell, Second Floor El Paso, TX 79901 Fax Email LEAD ATTORNEY ATTORNEY TO BE NOTICED Maria Guadalupe Martinez El Paso City Attorney's Office 300 N. Campbell Street, 2nd Floor El Paso, TX (915) Email martinezmg@elpasotexas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Oscar Guillermo Gabaldon, Jr El Paso City Attorney's Office P.O. Box 1890 El Paso, TX 79950 Email gabaldonog@elpasotexas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED William M. McKamie Taylor Olson Adkins Sralla & Elam LLP 13750 San Pedro, Ste 555 San Antonio, TX 78232 Fax Email mmckamie@toase.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Laura Gordon City Attorney's Office City of El Paso Two Civic Center Plaza 9th Floor SECTION Case SECTION 3 As of 02 41 PM CDT 4 of 9 El Paso, TX 79901 Fax Email gordonlp@elpasotexas.gov TERMINATED Sue Ann Gregory McKamie Krueger LLP 941 Proton Road San Antonio, TX 78258 (210) Fax Email sue@mckamiekrueger.com TERMINATED ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 MOTION to Proceed in forma pauperis by Carina Canaan, Levi Lane. (Attachments # 1 Memo in Support Application to Proceed in Forma Pauperis, # 2 Memo in Support Application to Proceed in Forma Pauperis, # 3 Brief Original Complaint, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Proposed Order Proposed Order)(Jacobi, William) (Entered Case Assigned to Judge David C Guaderrama. 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. (jg1) (Entered If ordered by the court, all referrals will be assigned to Magistrate Judge Castaneda (jg1) (Entered Remark All parties shall comply with the Standing Orders of Judge David C. Guaderrama located at http //www.txwd.uscourts.gov/Rules/StandingOrders/default.asp#elpaso (mc4) (Entered 2 ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis Signed by Judge David C Guaderrama. (mc4) (Entered 3 ORIGINAL COMPLAINT, filed by Carina Canaan, Levi (Entered 4 Summons Issued as to the Mayor, City Of El Paso. (mc4) (Entered 5 Summons Issued as to Laura Gordon, City Attorney's Office, City Of El Paso. (mc4) (Entered 6 MOTION to Dismiss for Lack of Jurisdiction by City Of El Paso. (Attachments # 1 Exhibit)(Gabaldon, Oscar) (Entered 7 NOTICE of Attorney Appearance by Lynn A. Coyle on behalf of Carina Canaan, Levi Lane. Attorney Lynn A. Coyle added to party Carina Canaan(pty pla), Attorney Lynn A. Coyle added to party Levi Lane(pty pla) (Coyle, Lynn) (Entered 8 NOTICE of Attorney Appearance by Lynn A. Coyle on behalf of Carina Canaan, Levi Lane (Coyle, Lynn) (Entered 9 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 6 MOTION to Dismiss for Lack of Jurisdiction filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Proposed Order)(Krause Yang, Wayne) (Entered 10 SUMMONS Returned Executed by Carina Canaan, Levi Lane as to Laura P. Gordon, City Attorney's Office, City Of El Paso served on answer due (mc4) (Entered 11 Request for U.S. Marshals Service Expenses in Pauper Case (mc4) (Entered SECTION Case SECTION 3 As of 02 41 PM CDT 5 of 9 12 Acknowledgment of Service returned by USMS re Carina Canaan. City Of El Paso served on answer due (em) (Entered 13 MOTION to Set Aside to Abate Discovery by City Of El Paso. (Gabaldon, Oscar) (Entered 14 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 13 MOTION to Set Aside to Abate Discovery filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Exhibit EMAIL FROM DAVID BARR TO BRIAN JACOBI, # 2 Proposed Order PROPOSED ORDER)(Jacobi, William) (Entered 15 Scheduling Recommendations/Proposed Scheduling Order by Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order)(Jacobi, William) (Entered 16 REPLY to Response to Motion, filed by City Of El Paso, re 13 MOTION to Set Aside to Abate Discovery filed by SECTION DefendantSECTION City Of El Paso (Gabaldon, Oscar) (Entered 17 ORDER DENYING 13 Motion to Abate Discovery. Signed by Judge David C Guaderrama. (mc4) (Entered 18 Pretrial Disclosures Rule 26(a) Initial Disclosures by City Of El Paso. (Gabaldon, Oscar) (Entered 19 ADR Report Filed - by Carina Canaan, Levi Lane(Jacobi, William) (Entered 20 NOTICE of Attorney Appearance by William M. McKamie on behalf of City Of El Paso. Attorney William M. McKamie added to party City Of El Paso(pty dft) (McKamie, William) (Entered 21 SCHEDULING ORDER Pretrial Conference set for 02 00 PM before Judge David C Guaderrama, Jury Selection set for 09 00AM before Judge David C Guaderrama, Jury Trial set for 09 00 AM before Judge David C Guaderrama, Amended Pleadings due by Discovery due by Joinder of Parties due by Dispositive Motions due by Signed by Judge David C Guaderrama. (mc4) (Entered 22 ORDER SETTING, Set Motion Hearing for 6 MOTION to Dismiss for Lack of Jurisdiction ( Motion Hearing set for 10 00 AM before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (mc4) (Entered 23 Opposed MOTION for Leave to File SECTION DefendantSECTION City of El Paso's First Supplement to SECTION DefendantSECTION's Rule Motion to Dismiss by City Of El Paso. (Attachments # 1 SECTION DefendantSECTION City of El Paso's First Supplement to SECTION DefendantSECTION's Motion to Dismiss, # 2 Proposed Order)(Gregory, Sue) (Entered 24 ADVISORY TO THE COURT by City Of El Paso. (McKamie, William) (Entered 25 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 23 Opposed MOTION for Leave to File SECTION DefendantSECTION City of El Paso's First Supplement to SECTION DefendantSECTION's Rule Motion to Dismiss filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Proposed Order)(Jacobi, William) (Entered 26 REPLY to Response to Motion, filed by City Of El Paso, re 23 Opposed MOTION for Leave to File SECTION DefendantSECTION City of El Paso's First Supplement to SECTION DefendantSECTION's Rule Motion to Dismiss filed by SECTION DefendantSECTION City Of El Paso (Gregory, Sue) (Entered 27 NOTICE of Extended Leave of Absence by City Of El Paso (Benavides, Anelisa) (Entered 28 Minute Entry for proceedings held before Judge David C Guaderrama Motion Hearing held on re 6 MOTION to Dismiss for Lack of Jurisdiction filed by City Of El Paso. Motion taken under advisement. Written Order forthcoming (Minute entry documents are not available electronically.). (Court Reporter Kathleen (Entered SECTION Case SECTION 3 As of 02 41 PM CDT 6 of 9 29 ADR Report Filed - by Carina Canaan, Levi Lane(Jacobi, William) (Entered 30 MOTION for Leave to File First Amended Complaint by Carina Canaan, Levi Lane. (Attachments # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Jacobi, William) (Entered 31 Response in Opposition to Motion, filed by City Of El Paso, re 30 MOTION for Leave to File First Amended Complaint filed by SECTION PlaintiffSECTION Levi Lane, SECTION PlaintiffSECTION Carina Canaan (Gregory, Sue) (Entered 32 REPLY to Response to Motion, filed by Carina Canaan, Levi Lane, re 30 MOTION for Leave to File First Amended Complaint filed by SECTION PlaintiffSECTION Levi Lane, SECTION PlaintiffSECTION Carina Canaan (Jacobi, William) (Entered 33 MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 6 Motion to Dismiss for Lack of Jurisdiction; and ORDER DENYING 30 Motion for Leave to File First Amended Complaint. SECTION PlaintiffSECTION s MAY FILE by January 20, 2017 an Amended Complaint consistent with this Memorandum Opinion and Order to assert their equal protection claims as contained in their proposed amended complaint (ECF No. 30-1). Signed by Judge David C Guaderrama. (mc4) (Entered Text Order MOOTING 23 Motion for Leave to File Supplement To SECTION DefendantSECTION s Rule Motion To Dismiss, in view of the Court's Memorandum Opinion and Order 33, entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.)(wk) (Entered 34 AMENDED COMPLAINT against City Of El Paso amending, filed by Carina Canaan, Levi Lane.(Jacobi, William) (Entered 35 Motion to Dismiss for Failure to State a Claim First Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by City Of El Paso. (Attachments # 1 Exhibit A-Administrative Directive, # 2 Exhibit B-Senate Bill 1863, # 3 Exhibit C-Official Web Pages)(Gregory, Sue) (Entered 36 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 35 Motion to Dismiss for Failure to State a Claim First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Proposed Order)(Jacobi, William) (Entered 37 REPLY to Response to Motion, filed by City Of El Paso, re 35 Motion to Dismiss for Failure to State a Claim First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Exhibit D - 2015 Standing Order)(Gregory, Sue) (Entered 38 Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration by City Of El Paso. (Attachments # 1 Proposed Order)(Gregory, Sue) (Entered 39 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 38 Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Exhibit, # 2 Proposed Order)(Jacobi, William) (Entered 40 REPLY to Response to Motion, filed by City Of El Paso, re 38 Opposed MOTION to Stay Motion for Limited Stay of Depositions Pending Disposition of the Rule 12(b) Motion to Dismiss the First Amended Complaint and For Expedited Consideration filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Exhibit A-Excerpt from SECTION PlaintiffSECTION s' Third Settlement Demand, # 2 Exhibit B-SECTION DefendantSECTION's First Supplemental Objections and Responses to SECTION PlaintiffSECTION s' Second Set of Interrogatories and Requests for Production)(Gregory, Sue) (Entered 41 ORDER DENYING 35 SECTION DefendantSECTION's Motion to Dismiss SECTION PlaintiffSECTION's First Amended Complaint. SECTION DefendantSECTION's answer to the SECTION PlaintiffSECTION s' FirstAmended Complaint (ECF No. SECTION Case SECTION 3 As of 02 41 PM CDT 7 of 9 34) is due within 14 days after the entry of this Order. Signed by Judge David C Guaderrama. (mc4) (Entered Text Order DENYING AS MOOT 38 Motion to Stay entered by Judge David C Guaderrama. See 41 Order, ECF No. 41. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wk) (Entered 42 NOTICE of Vacation by City Of El Paso (Benavides, Anelisa) (Entered 43 Original ANSWER to 34 Amended Complaint by City Of El Paso.(Gregory, Sue) (Entered 44 Agreed MOTION to Extend Scheduling Order Deadlines by Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order)(Jacobi, William) (Entered 45 Joint MOTION for Protective Order by City Of El Paso. (Attachments # 1 Proposed Order)(Ruiz, Adolfo) (Entered 46 AMENDED SCHEDULING ORDER Pretrial Conference set for 02 00 PM before Judge David C Guaderrama, Jury Trial set for 09 00 AM before Judge David C Guaderrama, Discovery due by Dispositive Motions due by Signed by Judge David C Guaderrama. (em) (Entered ORDER GRANTING IN PART 44 Motion to Extend Scheduling Order Deadlines pursuant to Amended Scheduling Order. Signed by Judge David C Guaderrama. (em) (Entered 47 ORDER GRANTING 45 Joint Motion for Protective Order. Signed by Judge David C Guaderrama. (mc4) (Entered 48 ADR Report Filed - by Carina Canaan, Levi Lane(Jacobi, William) (Entered 49 MOTION to Appear Pro Hac Vice by William Brian Jacobi ( Filing fee $ 100 receipt number by on behalf of Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order)(Jacobi, William) (Entered 50 MOTION to Withdraw as Attorney by Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order)(Jacobi, William) (Entered Text Order GRANTING 49 Motion to Appear Pro Hac Vice. 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. Entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wk) (Entered Text Order GRANTING 50 Motion to Withdraw as Attorney. Entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wk) (Entered 51 NOTICE Certificate of Unavailability Letter by City Of El Paso (Gregory, Sue) (Entered 52 NOTICE of Attorney Appearance by William M. McKamie on behalf of City Of El Paso (McKamie, William) (Entered 53 TRANSCRIPT REQUEST by Carina Canaan for proceedings held on Proceedings Transcribed Pre-trial proceedings. Court Reporter Kathleen Supnet. (mc4) (Entered 54 Opposed MOTION for Protective Order by City Of El Paso. (Attachments # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ruiz, Adolfo) (Entered 55 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 54 Opposed MOTION for Protective Order filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit Natalia) (Entered SECTION Case SECTION 3 As of 02 41 PM CDT 8 of 9 56 Opposed MOTION to Continue by Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order, # 2 Exhibit Parties' Agreement to extend deadline to file motion for continuance)(Cornelio, Natalia) (Entered 57 MOTION for Summary Judgment by City Of El Paso. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Ruiz, Adolfo) (Entered 58 Opposed MOTION to Compel Production of Documents by Carina Canaan, Levi Lane. (Attachments # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit Natalia) (Entered 59 ORDER DENYING 54 SECTION DefendantSECTION Motion for Protective Order; DENYING 56 SECTION PlaintiffSECTION's Motion to Continue; DENYING 57 SECTION DefendantSECTION's Motion for Summary Judgment; DENYING 58 SECTION PlaintiffSECTION's Motion to Compel. Signed by Judge David C Guaderrama. (em) (Entered 60 RESPONSE to Motion, filed by City Of El Paso, re 56 Opposed MOTION to Continue filed by SECTION PlaintiffSECTION Levi Lane, SECTION PlaintiffSECTION Carina Canaan (Attachments # 1 Exhibit A, # 2 Exhibit BV, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit E, # 7 Exhibit F-1, # 8 Exhibit F-2, # 9 Exhibit G)(Ruiz, Adolfo) (Entered 61 Opposed MOTION for Leave to File Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment by City Of El Paso. (Attachments # 1 Exhibit Amended Motion for Summary Judgment, # 2 Exhibit SECTION DefendantSECTION's Undisputed Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C, # 19 Exhibit D, # 20 Exhibit E, # 21 Exhibit F, # 22 Exhibit G, # 23 Exhibit H)(Ruiz, Adolfo) (Entered 62 Response in Opposition to Motion, filed by Carina Canaan, Levi Lane, re 61 Opposed MOTION for Leave to File Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment filed by SECTION DefendantSECTION City Of El Paso (Attachments # 1 Proposed Order)(Cornelio, Natalia) (Entered 63 ADR Report Filed - Jointly by City Of El Paso (Attachments # 1 Exhibit A, # 2 Exhibit B)(Ruiz, Adolfo) (Entered 64 ORDER DENYING 61 Motion for Leave to File Amended No Evidence and Traditional Motion for Summary Judgment; Vacating in Part the Court's Order Doc. 59; Granting Granting in Part and Amending Scheduling Order deadlines; further directive incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered 65 SECOND AMENDED SCHEDULING ORDER Pretrial Conference reset for 02 00 PM before Judge David C Guaderrama, Jury Selection reset for 09 00AM before Judge David C Guaderrama, Jury Trial reset for 09 00 AM before Judge David C Guaderrama, Discovery due by Dispositive Motions due by FURTHER DIRECTIVES WITHIN ORDER. Signed by Judge David C Guaderrama. (mc4) (Entered 66 NOTICE Certificate of Unavailability by City Of El Paso (Benavides, Anelisa) (Entered 67 MOTION for Summary Judgment by City Of El Paso. (Attachments # 1 Supplement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(McKamie, William) (Entered 68 NOTICE of Attorney Appearance by Peter B. Steffensen on behalf of Carina Canaan, Levi Lane. Attorney Peter B. Steffensen added to party Carina Canaan(pty pla), Attorney Peter B. Steffensen added to party Levi Lane(pty pla) (Steffensen, Peter) (Entered 69 Joint MOTION to Stay Ruling regarding Motion for Summary Judgment and Response; Notice of Settlement; Motion for Short Continuance of Pretrial and Trial SECTION Case SECTION 3 As of 02 41 PM CDT 9 of 9 Date during finalization of settlement by Carina Canaan, Levi Lane. (Cornelio, Natalia) (Entered 70 ORDER GRANTING 69 Joint Motion to Stay Consideration of Motion for Summary Judgment for 45 days Pending Finalization of Settlement Agreement. Pretrial Conference and Trail are VACATED and RESET. Signed by Judge David C Guaderrama. (mc4) (Entered Reset Hearings Pretrial Conference reset for 02 00 PM before Judge David C Guaderrama. Jury Selection/Trial reset for 09 00AM before Judge David C Guaderrama. (mc4) (Entered 71 Unopposed MOTION for Extension of Time to File Response/Reply as to 67 MOTION for Summary Judgment, 70 Order on Motion to Stay by Carina Canaan, Levi Lane. (Cornelio, Natalia) (Entered Text Order GRANTING 71 Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (je) (Entered 72 NOTICE of Settlement Submitted Jointly with SECTION DefendantSECTION City of El Paso by Carina Canaan, Levi Lane (Steffensen, Peter) (Entered 73 ORDER re 72 Notice of Settlement filed by Levi Lane, Carina Canaan. Signed by Judge David C Guaderrama. (mc4) (Entered 74 NOTICE of Change of Address by William M. McKamie (McKamie, William) (Entered 75 STIPULATION of Dismissal by Carina Canaan, Levi Lane. (Attachments # 1 Appendix, # 2 Proposed Order)(Cornelio, Natalia) (Entered 76 ORDER DISMISSING CASE. All pending Motions, if any, are DENIED as MOOT.. Signed by Judge David C Guaderrama. (mc4) (Entered

Summary: 


In May of 2016 two indigent people brought a suit against the City of El Paso in the U.S. District Court for the Western District of Texas for jailing them for failure to pay fines, despite their inability to do so. The plaintiffs brought this action under 42 U.S.C. 1983, and allege that the Defendants violated their Due Process and Equal Protection rights under the 14th Amendment. The plaintiffs request declaratory and injunctive relief. They want to enjoin the Defendants from enforcing their current debt collection program, which jails people who can't pay a certain portion of their fines for traffic and misdemeanor offenses. The Plaintiffs allege that Defendants adopted their debt collection program to generate revenue for they city, and the individual plaintiffs were not informed that they could assert their indigence. Rather, the Plaintiffs were simply told they had to pay or go to jail. On January 12th, 2017 Judge David Guaderrama granted the Defendant's motion to dismiss in part. Judge Guaderrama dismissed the Due Process claims, but did not reach the Equal Protection claims. The Plaintiffs filed an amended complaint in January 2017, and after the Court denied two motions to dismiss filed by defendants over the course of 2017, the parties stipulated to dismissal of the action pursuant to a settlement agreement. In the settlement agreement, defendants agreed to maintain certain administrative practices for three years. Among other things, these practices related to notice to defendants, policies and procedures for payment plans; notice to defendants of court hearings and schedules; and indigency hearings and warrants issued for non-payment.

