Case: Sandoval v. Alexander

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

Supreme Court of the United States

Alexander v. Sandoval

Supreme Court of the United States

U.S. Court of Appeals for the Eleventh Circuit

Oyez

Southern Poverty Law Center

COMPLAINT (contains request for class certification) Filing Fee $ 120.00 Receipt # 63088 (dkt clerk) (Entered: 01/02/1997)

SUMMONS issued for L. N. Hagan, Dept. of Public Safety; summons and complaint returned to counsel for service. (dkt clerk) (Entered: 01/02/1997)

File referred to Judge DeMent. (dkt clerk)

File referred to Judge DeMent. (dkt clerk) (Entered: 01/02/1997)

SUMMONS Returned Executed as to L. N. Hagan, Dept. of Public Safe 1/2/97 Answer due on 1/22/97 for Dept. of Public Safe, for L. N. Hagan (dkt clerk) (Entered: 01/03/1997)

ANSWER to Complaint by L. N. Hagan, Dept. of Public Safe (Attorney Robert E. Morrow, John J. Park Jr.), referred to Judge Ira De Ment (dkt clerk) (Entered: 01/22/1997)

SCHEDULING ORDER setting Pretrial Conference for 12/17/97 before Judge Ira De Ment Motion Filing deadline on 9/18/97 ; Discovery cutoff 12/3/97 ; set amended pleading deadline for 6/4/97 Non-jury trial set for 2/17/98 before Judge Ira De Ment ; Mediation Notice deadline on 6/30/97 ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 03/21/1997)

MOTION by Martha Sandoval to Certify Class (Exhibits 1 - 7 attached); referred to Judge Ira De Ment; referred to Mag. Judge Walker per Judge DeMent. (dkt clerk) Modified on 07/14/1997 (Entered: 05/07/1997)

MOTION by Martha Sandoval for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 referred to Judge Ira De Ment (dkt clerk) (Entered: 05/30/1997)

Stamped ORDER granting [7-1] motion for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER granting [7-1] motion for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 06/02/1997)

RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [6-1] motion to Certify Class by Martha Sandoval referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 06/05/1997)

MOTION by L. N. Hagan, Dept. of Public Safe to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan (proposed amendment to answer attached); referred to Judge Ira De Ment(dkt clerk) Modified on 07/14/1997 (Entered: 06/06/1997)

Motion(s) referred to Mag. Judge Susan R. Walker : [6-1] motion to Certify Class referred to Mag. Judge Susan R. Walker per instructions of Judge DeMent. (dkt clerk)

File referred to Mag. Judge Walker. (dkt clerk)

Motion(s) referred to Mag. Judge Susan R. Walker : [6-1] motion to Certify Class referred to Mag. Judge Susan R. Walker per instructions of Judge DeMent. (dkt clerk) (Entered: 06/16/1997)

File referred to Mag. Judge Walker. (dkt clerk) (Entered: 06/16/1997)

MOTION by Martha Sandoval to Compel defendants to produce documents, for award of reasonable expenses (Exhibits A and B attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/02/1997)

RESPONSE by Martha Sandoval to defendants' opposition to [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 07/14/1997)

RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [10-1] motion to Compel defendants to produce documents by Martha Sandoval (Affidavit of Lt. F. A. Bingham attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/14/1997)

ORDER, motion hearing set for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ( signed by Mag. Judge Susan R. Walker ), copies mailed to counsel; furnished to MT, JT. (dkt clerk) (Entered: 07/14/1997)

NOTICE of Attorney Appearance for Martha Sandoval by Shannon L. Holliday (dkt clerk) (Entered: 07/25/1997)

ORDER granting in part motion regarding class certification hearing; motion hearing reset for 10:00 8/21/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ; setting Telephone Conference for 4:00 8/19/97 ; that counsel for plaintiff will set up the telephone conference call; that the telephone conference call will address plaintiff's motion to compel filed 7/1/97, the response filed 7/14/97, and the plaintiff's motion for class certification; (signed by Mag. Judge Susan R. Walker), copies mailed to counsel; furnished to JT, and MT. (ydw) (Entered: 07/29/1997)

Stipulation of parties regarding hearing on plaintiff's motion for class certification re: cross-examination of affiants; referred to Mag. Judge Walker. (dkt clerk) (Entered: 08/19/1997)

Tele-conference held before Mag. Judge Susan R. Walker on 8/19/97 (dkt clerk)

Tele-conference held before Mag. Judge Susan R. Walker on 8/19/97 (dkt clerk) (Entered: 08/20/1997)

ORDER cancelling the class certification hearing set for8/21/97; plaintiff shall submit her amended class defination by 8/26/97; terminated deadlines ; denying as moot [10-1] motion to Compel defendants to produce documents; plaintiff has leave to renew her motion if necessary after defendants inform her of their additional efforts to locate the documents in question ( signed by Mag. Judge Susan R. Walker ), copies mailed to counsel. (dkt clerk) (Entered: 08/20/1997)

AMENDED MOTION by Martha Sandoval to Certify Class referring to: [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 08/27/1997)

REPORT AND RECOMMENDATIONS of Mag. Judge Susan R. Walker Re: [6-1] motion to Certify Class; that the motion to certify the class be GRANTED and that the named plaintiff be CERTIFIED as the representative of the class of all legal residents of the State of Alabama who are otherwise qualified to obtain a class D private vehicle driver's license but cannot do so because they are not sufficiently fluent in English; Motion no longer referred; Objections to R and R due by 9/16/97. Copies mailed to counsel (dkt clerk) (Entered: 09/03/1997)

MOTION by L. N. Hagan, Dept. of Public Safe to Extend Time to file dispositive motions ; referred to Judge Ira De Ment (dkt clerk) (Entered: 09/17/1997)

Stamped ORDER granting [21-1] motion to Extend Time to file dispositive motions, reset Scheduling Order Deadlines: Motion Filing to 10/24/97 ; ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER granting [21-1] motion to Extend Time to file dispositive motions, reset Scheduling Order Deadlines: Motion Filing to 10/24/97 ; ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 09/23/1997)

JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe to Amend [5-1] Scheduling order referred to Judge Ira De Ment (dkt clerk) (Entered: 10/02/1997)

MOTION by L. N. Hagan to Quash subpoena, and for Protective Order (Exhibits l and 2 attached); referred to Mag. Judge Susan R. Walker (ajr) (Entered: 10/09/1997)

ORDER that the plaintiff's deadline for naming experts and providing expert reports and for responding to the defendants' motion for summary judgment is 11/7/97; the defendants' deadline for naming experts and providing expert reports and for replying to the plaintiff's response is 11/14/97; the deadline for the face-to-face settlment conference is 11/13/97 ( signed by Judge Ira De Ment ); copies mailed to counsel. (dkt clerk) (Entered: 10/10/1997)

ORDER, motion hearing set for 10:30 10/15/97, by telephone, before Mag. Judge Susan R. Walker for [23-1] motion to Quash subpoena, and [23-2] motion for Protective Order ; directing counsel for L. N. Hagan to set up the conference call; directing clerk of the court to notify all counsel of record via facsimile ( signed by Mag. Judge Susan R. Walker ), copies mailed to counsel; furnished to MT, JT; faxed to counsel as directed. (dkt clerk) (Entered: 10/10/1997)

OPPOSITION by Martha Sandoval to [23-1] motion to Quash subpoena by L. N. Hagan, [23-2] motion for Protective Order by L. N. Hagan (Exhibits A - F attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 10/15/1997)

ORDER adopting [20-1] report and recommendation; granting motion to certify class; that named plaintiff is CERTIFIED as representative of the class; ( signed by Judge Ira De Ment ), copies mailed to counsel. (ajr) (Entered: 10/17/1997)

MOTION by L. N. Hagan, Dept. of Public Safe for Summary Judgment referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)

MEMORANDUM by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits A - I attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)

MOTION by Martha Sandoval to alter the briefing schedule regarding the motion for summary judgment ; referred to Judge Ira De Ment (dkt clerk) (Entered: 10/30/1997)

ORDER granting in part [30-1] motion to alter the briefing schedule regarding the motion for summary judgment, Response to Motion set to 11/25/97 for [28-1] motion for Summary Judgment for Martha Sandoval, set reply brief deadline for 12/5/97 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to RL. (dkt clerk) (Entered: 11/06/1997)

Notice Concerning Settlement Conference and Mediation filed by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 11/17/1997)

ORDER, set Scheduling Order Deadlines: Pretrial Conference for 1:00 12/17/97 before Judge Ira De Ment ; Proposed Pretrial Order due 12/10/97 ; Non-jury trial set for 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 11/17/1997)

MOTION by Martha Sandoval for Mary Beth Schultz to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 68447 referred to Judge Ira De Ment (dkt clerk) (Entered: 11/21/1997)

Remailed Order entered 11/17/97 (doc. no. 33) per Judge DeMent's instructions. (dkt clerk)

Remailed Order entered 11/17/97 (doc. no. 33) per Judge DeMent's instructions. (dkt clerk) (Entered: 11/20/1997)

ORDER denying [23-1] motion to Quash subpoena, denying [23-2] motion for Protective Order; directing the clerk of the court to notify all counsel by facsimile; ( signed by Mag. Judge Susan R. Walker ), copies mailed to counsel; copy faxed. (ydw) (Entered: 11/24/1997)

RESPONSE (w/table of contents) by Martha Sandoval in opposition to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 1-29 maintained in separate binder); referred to Judge Ira De Ment (dkt clerk) Modified on 11/26/1997 (Entered: 11/26/1997)

Stamped ORDER granting [34-1] motion for Mary Beth Schultz to Appear Pro Hac Vice as counsel of record for the plaintiff (signed by District Judge Ira De Ment ), copies mailed to counsel. (cc)

Stamped ORDER granting [34-1] motion for Mary Beth Schultz to Appear Pro Hac Vice as counsel of record for the plaintiff (signed by District Judge Ira De Ment ) , copies mailed to counsel. (cc) (Entered: 11/25/1997)

Witness list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 12/01/1997)

REPLY BRIEF by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/08/1997)

SUPPLEMENT TO OPPOSITION by Martha Sandoval to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 30 - 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/29/1997)

Response by defendants to supplement to plaintiffs' opposition to defendants' motion for summary judgment (with attachments); referred to Judge DeMent. (dkt clerk) Modified on 01/07/1998 (Entered: 01/07/1998)

MOTION by Martha Sandoval to allow Spanish language interpreter at trial (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/16/1998)

MOTION by Martha Sandoval to exclude Ronald Johnson as trial witness (with attachment); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)

MOTION by Martha Sandoval for special trial setting ; referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)

Stamped ORDER denying as moot [42-1] motion to exclude Ronald Johnson as trial witness ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER granting [41-1] motion to allow Spanish language interpreter at trial ( by Judge Ira De Ment ), copies mailed to counsel; furnished to TCC. (dkt clerk)

Stamped ORDER denying [43-1] motion for special trial setting ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER denying as moot [42-1] motion to exclude Ronald Johnson as trial witness ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/03/1998)

Stamped ORDER granting [41-1] motion to allow Spanish language interpreter at trial ( by Judge Ira De Ment ) , copies mailed to counsel; furnished to TCC. (dkt clerk) (Entered: 02/03/1998)

Exhibit list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 02/05/1998)

SUPPLEMENTAL AUTHORITY by Martha Sandoval concerning [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/09/1998)

NOTICE by Martha Sandoval regarding defendants' proposed trial exhibits; referred to Judge DeMent. (dkt clerk) (Entered: 02/11/1998)

Pretrial Stipulations by parties (received in Judge's chambers 12/11/97); referred to Judge DeMent. (dkt clerk) (Entered: 02/12/1998)

OBJECTION by L. N. Hagan, Dept. of Public Safe to [46-1] notice regarding trial exhibits by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 02/12/1998)

PRETRIAL ORDER set Scheduling Order Deadlines: Non-jury trial set for 10:00 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 02/12/1998)

ORDER denying [28-1] motion for Summary Judgment ( signed by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

MOTION by Martha Sandoval to Strike [48-1] objection to trial exhibits by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/13/1998)

Stamped ORDER granting [9-1] motion to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Stamped ORDER denying as moot [14-1] motion for Reconsideration of [13-1] order setting a motion hearing for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class, denying as moot [14-2] motion to continue the hearing on the motion to certify class ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Pre-Trial Conference held before Judge Ira De Ment on 12/17/97 (dkt clerk)

Pre-Trial Conference held before Judge Ira De Ment on 12/17/97 (dkt clerk) (Entered: 02/12/1998)

Stamped ORDER denying as moot [22-1] joint motion to Amend [5-1] Scheduling order ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER denying as moot [22-1] joint motion to Amend [5-1] Scheduling order ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Stamped ORDER granting [9-1] motion to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER denying as moot [14-1] motion for Reconsideration of [13-1] order setting a motion hearing for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class, denying as moot [14-2] motion to continue the hearing on the motion to certify class ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)

Plaintiffs' memorandum regarding 42 U.S.C. Section 1981 claim; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)

Defendants' position regarding plaintiffs' claims under 42 USC Section 1981; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)

Courtroom Deputy's MINUTES of proceedings: non-jury trial held 2/17/98 through 2/18/98 before Judge Ira DeMent; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to intentional discrimination - GRANTED; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to disparit impact theory - DENIED; granting defendants' motion for summary judgment on 1981 claim; 2/18/98 - defendants' ORAL MOTION for judgment as a matter of law - RESERVING RULING (Witness and Exhibit Lists attached) (dkt clerk) (Entered: 02/19/1998)

Non-jury trial held before Judge Ira De Ment on 2/17/98 through 2/18/98 (dkt clerk) (Entered: 02/19/1998)

Non-jury trial held before Judge Ira De Ment on 2/17/98 through 2/18/98 (dkt clerk)

MOTION by Martha Sandoval to supplement the record with data regarding illiteracy (Exhibits 33, 34, 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/25/1998)

POST-TRIAL BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 02/25/1998)

POST-TRIAL BRIEF by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 03/02/1998)

MOTION by L. N. Hagan, Dept. of Public Safe to supplement record (Exhibit 5 and 7 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/02/1998)

ORDER that by 10:00 a.m., 3/5/98, plaintiffs file a memorandum or brief responding to the Eleventh Amendment issues raised by the defendants ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to RL; faxed to counsel as directed. (dkt clerk) (Entered: 03/02/1998)

Stamped ORDER granting [55-1] motion to supplement the record with data regarding illiteracy ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER granting [58-1] motion to supplement record ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk)

Stamped ORDER granting [55-1] motion to supplement the record with data regarding illiteracy ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)

Stamped ORDER granting [58-1] motion to supplement record ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)

MOTION by Martha Sandoval to Amend [1-1] complaint (proposed amendment to complaint attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/05/1998)

SUPPLEMENTAL TRIAL-BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 03/05/1998)

REPLY by L. N. Hagan, Dept. of Public Safe to [61-1] supplemental trial brief by Martha Sandoval, and RESPONSE to [60-1] motion to Amend [1-1] complaint by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 03/09/1998)

MOTION by L. N. Hagan, Dept. of Public Safe to submit additional authority and brief argument relating to plaintiffs' Title VI claim (with attachments); referred to Judge Ira De Ment (dkt clerk) Modified on 09/18/1998 (Entered: 03/16/1998)

Stamped ORDER (rendered 3/16/98) granting [63-1] motion to submit additional authority and brief argument relating to plaintiffs' Title VI claim ( by Judge Ira De Ment ), copies mailed to counsel. (dkt clerk) Modified on 03/17/1998

Stamped ORDER (rendered 3/16/98) granting [63-1] motion to submit additional authority and brief argument relating to plaintiffs' Title VI claim ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) Modified on 03/17/1998 (Entered: 03/17/1998)

MOTION by Martha Sandoval for Leave to File response to defendants 3/13 submission (proposed response to defendantas' March 13 submission attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/20/1998)