Case: Hardy v. DC

1:09-cv-01062 | U.S. District Court for the District of District of Columbia

Filed Date: June 8, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

This lawsuit relates to civil forfeiture, a practice of many police departments across the county under which the departments seize money that they claim is being used for illicit purposes. The resulting process is civil rather than criminal. In the District of Columbia, civil forfeiture is authorized by D.C. Code § 48-905.02, which allows police to seize money they believe is involved in a violation of the Controlled Substances Act. However, the law also requires that the Government of the Di…

This lawsuit relates to civil forfeiture, a practice of many police departments across the county under which the departments seize money that they claim is being used for illicit purposes. The resulting process is civil rather than criminal. In the District of Columbia, civil forfeiture is authorized by D.C. Code § 48-905.02, which allows police to seize money they believe is involved in a violation of the Controlled Substances Act. However, the law also requires that the Government of the District of Columbia (the District) provide “. . . written notice of the seizure together with information applicable to the procedures for claiming the property,” to the person from whom the money is seized and, if the person replies within 30 days, that the District either returns the money or begins civil forfeiture proceedings within a year of resolution of the underlying charges.

The two plaintiffs in this case had money seized from them after being arrested by the District of Columbia Metropolitan Police Department (MPD) on suspicion of trafficking narcotics, but were neither given the required notice nor had proceedings brought against them within a year of resolution of the underlying charges against them. In response, plaintiffs sued the District under 42 U.S.C. § 1983, in the U.S. District Court for the District of Columbia. They argued that the District had violated their Fifth Amendment Due Process rights by taking their money without following the procedure required by D.C. Code § 48-905.02. Plaintiffs asked the Court to: grant the plaintiffs class action certification to represent other persons who had had money seized by the MPD without notification or timely forfeiture proceedings; issue a declaration that the District had violated plaintiffs’ constitutional rights; issue an injunction requiring the District to alter its practices to conform to D.C. Code § 48-905.02; order the District of Columbia to return all money unlawfully retained, plus restitution for loss of use; award the named plaintiffs and class members compensatory damages; and award the plaintiffs reasonable attorney’s fees and costs.

After two motions for class certification by plaintiffs had been rejected without prejudice on March 10, 2010 (when the issue was deemed not yet ripe), and February 28, 2012 (as overbroad), the second judge assigned to the case, Judge Robert L. Wilkins, granted the plaintiffs' third request for class certification on August 22, 2012. 283 F.R.D. 20 (D.D.C. 2012). Plaintiffs’ class included persons who (1) were arrested by an officer of the District of Columbia Metropolitan Police Department ("MPD") (2) had cash taken from their persons by the MPD (3) were not given their cash back by the MPD because the MPD kept that cash (4) on or after June 8, 2006, and on or before May 24, 2012, had an administrative forfeiture notice mailed to them by the District but didn’t send back a signed mail receipt (5) were not re-sent a notice regarding the cash upon failing to send a signed mail receipt and, (6) didn’t have a civil forfeiture action filed against them by the district within one year of the resolution of the underlying criminal charges against them. Plaintiffs’ class also included persons who met steps 1, 2, 3, 4, and 6 of the previous list, but were held by or in the custody of the District of Columbia Department of Corrections when administrative forfeiture notice was sent, and neither received the notice at their place of incarceration nor we re-sent notice after they were released from custody.

On November 4, 2013, plaintiffs and defendants notified the court that they had reached a settlement agreement and asked the court for preliminary approval of that settlement. Judge Wilkins granted preliminary approval of the agreement on December 20, 2014. After a final approval and fairness hearing on June 19, 2014, the third judge assigned to the case, Judge Christopher R. Cooper, approved a final settlement agreement. In the settlement agreement, plaintiffs dropped their request for declaratory and injunctive relief, and accepted an award of damages, attorneys’ fees, and costs. The total amount that defendants paid was $855,000 total, including: $2,500 to each of the class representatives as an award for bringing the class action suit; $14,001.85 for attorney's expenses; $52,665.15 to Class Action Administration, Inc. ("CAA"); $283,333 for attorney's fees; and $500,000 on approved claims to plaintiffs and other members of plaintiffs’ class. If the total of approved claims exceeded $500,000 total, the settlement agreement stipulated that payments to approved claimants would be reduced by the same percentage for all claimants to the extent necessary to prevent the total payout from exceeding $500,000. 49 F. Supp. 3d 48 (D.D.C. 2014).

Summary Authors

Ryan Berry (7/8/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4995222/parties/hardy-v-government-of-the-district-of-columbia/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Day, Sean Robert (Maryland)

Escoto, Henry A. (District of Columbia)

Attorney for Defendant

Graham, Grace (District of Columbia)

Naso, Chad Alan (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:09-cv-01062

Docket Sheet

Hardy v. D.C.

Sept. 22, 2014

Sept. 22, 2014

Docket
1

1:09-cv-01062

Complaint

Hardy v. D.C.

June 8, 2009

June 8, 2009

Complaint
31

1:09-cv-01062

Memorandum Opinion

Hardy v. D.C.

Feb. 28, 2012

Feb. 28, 2012

Order/Opinion
44

1:09-cv-01062

Order and Opinion

Hardy v. D.C.

Aug. 22, 2012

Aug. 22, 2012

Order/Opinion

283 F.R.D. 20

67-1

1:09-cv-01062

Settlement Agreement

Hardy v. D.C.

Nov. 4, 2013

Nov. 4, 2013

Settlement Agreement
78

1:09-cv-01062

Order and Opinion

Hardy v. D.C.

June 20, 2014

June 20, 2014

Order/Opinion

49 F.Supp.3d 48

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4995222/hardy-v-government-of-the-district-of-columbia/

Last updated April 9, 2025, 11:03 a.m.

ECF Number Date Description Link
1 June 8, 2009

COMPLAINT against GOVERNMENT OF THE DISTRICT OF COLUMBIA ( Filing fee $ 350, receipt number 4616021303) filed by ANTHONY HARDY, DONNELL MONTS. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/09/2009)

PACER
2 June 8, 2009

NOTICE of Appearance by Henry A. Escoto on behalf of ANTHONY HARDY, DONNELL MONTS (rdj) (Entered: 06/09/2009)

PACER
June 8, 2009

Summons (2) Issued as to GOVERNMENT OF THE DISTRICT OF COLUMBIA (Adrian M. Fenty, Mayor). (rdj) (Entered: 06/09/2009)

PACER
3 Aug. 16, 2009

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GOVERNMENT OF THE DISTRICT OF COLUMBIA served on 8/5/2009, answer due 8/25/2009 (Escoto, Henry) (Entered: 08/16/2009)

PACER
4 Aug. 19, 2009

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 08/19/2009)

PACER
Aug. 19, 2009

Set/Reset Deadlines/Hearings: Answer to complaint due by 9/25/2009. (cdw) (Entered: 08/20/2009)

PACER
5 Sept. 4, 2009

NOTICE of Appearance by Sean Robert Day on behalf of all plaintiffs (Day, Sean) (Entered: 09/04/2009)

PACER
6 Sept. 8, 2009

MOTION to Certify Class by ANTHONY HARDY (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit 2, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 6A, # 8 Exhibit Exhibit 6B, # 9 Errata Exhibit 7, # 10 Exhibit Exhibit 7A, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Text of Proposed Order)(Escoto, Henry) (Entered: 09/08/2009)

PACER
7 Sept. 21, 2009

Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Certify Class by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/21/2009)

PACER
Sept. 22, 2009

MINUTE ORDER granting 7 Defendant's Motion for Extension of Time. DC shall file its opposition to Plaintiffs' motion to certify class no later than September 30, 2009. Signed by Judge Rosemary M. Collyer on 9/22/09. (lcrmc2) (Entered: 09/22/2009)

PACER
Sept. 22, 2009

Set/Reset Deadlines: DC's response due by 9/30/2009. (cdw) (Entered: 09/22/2009)

PACER
8 Sept. 25, 2009

ANSWER to 1 Complaint with Jury Demand by GOVERNMENT OF THE DISTRICT OF COLUMBIA. Related document: 1 Complaint filed by ANTHONY HARDY, DONNELL MONTS.(Utiger, Robert) (Entered: 09/25/2009)

PACER
9 Sept. 28, 2009

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Certify the Class by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/28/2009)

PACER
Sept. 28, 2009

MINUTE ORDER granting 9 DC's Consent Motion for Extension of Time. DC shall file its response to Plaintiffs' motion to certify class no later than October 2, 2009. Signed by Judge Rosemary M. Collyer on 9/28/09. (lcrmc2) (Entered: 09/28/2009)

PACER
Sept. 28, 2009

Set/Reset Deadlines: Response to 6 due by 10/2/2009. (cdw) (Entered: 09/29/2009)

PACER
10 Oct. 1, 2009

ORDER FOR INITIAL SCHEDULING CONFERENCE. The Initial Scheduling Conference is set for November 20, 2009 at 10:45 a.m. Signed by Judge Rosemary M. Collyer on 10/1/09. (lcrmc2) (Entered: 10/01/2009)

PACER
Oct. 1, 2009

Set/Reset Hearings: Initial Scheduling Conference set for 11/20/2009 10:45 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 10/02/2009)

PACER
11 Oct. 2, 2009

Memorandum in opposition to re 6 MOTION to Certify Class filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1−9)(Utiger, Robert) (Entered: 10/02/2009)

PACER
12 Oct. 8, 2009

Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Certify Class by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 10/08/2009)

PACER
Oct. 9, 2009

MINUTE ORDER granting 12 Plaintiffs' Consent Motion for Extension of Time. Plaintiffs shall file their reply to Defendant's opposition to motion for class certification no later than November 9, 2009. Signed by Judge Rosemary M. Collyer on 10/9/09. (lcrmc2) (Entered: 10/09/2009)

PACER
Oct. 9, 2009

Set/Reset Deadlines: Plaintiff's Reply due by 11/9/2009. (cdw) (Entered: 10/15/2009)

PACER
14 Nov. 10, 2009

MEET AND CONFER STATEMENT. (Day, Sean) (Entered: 11/10/2009)

PACER
Nov. 20, 2009

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Scheduling Conference held on 11/20/2009. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 11/20/2009)

PACER
Nov. 20, 2009

MINUTE ORDER. Pursuant to the status conference held in open Court on November 20, 2009, Defendant's oral motion to file a surreply to Plaintiffs' motion for class certification is GRANTED. Defendant shall file its surreply no later than December 21, 2009. Plaintiffs may file a response to the surreply no later than January 11, 2010. Oral argument on Plaintiffs' motion for class certification is scheduled for February 26, 2010 at 10:30 a.m. Signed by Judge Rosemary M. Collyer on 11/19/09. (lcrmc2) (Entered: 11/20/2009)

PACER
15 Dec. 18, 2009

Consent MOTION for Extension of Time to File Response/Reply Sur−reply to Plaintiff's Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 12/18/2009)

PACER
Dec. 22, 2009

MINUTE ORDER granting nunc pro tunc to December 21, 2009 15 Defendant's Motion for Extension of Time. Defendant shall file its surreply no later than December 23, 2009. Signed by Judge Rosemary M. Collyer on 12/22/09. (lcrmc2) (Entered: 12/22/2009)

PACER
16 Dec. 23, 2009

SURREPLY to Plaintiff's' Motion for Class Certification filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 12/23/2009)

PACER
17 Jan. 11, 2010

SURREPLY to re 6 MOTION to Certify Class filed by ANTHONY HARDY. (Escoto, Henry) (Entered: 01/11/2010)

PACER
Feb. 26, 2010

NOTICE of Hearing: Oral Argument is reset for 3/10/2010 at 11:30 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 02/26/2010)

PACER
March 10, 2010

MINUTE ORDER denying without prejudice 6 Plaintiffs' Motion to Certify Class for the reasons stated in open Court at a hearing on March 10, 2010. No later than March 24, 2010, the parties shall file a joint proposed class discovery plan, or if the parties cannot agree on a joint proposed plan, Plaintiffs shall file their proposed class discovery plan, and Defendant shall file its response no later than April 7, 2010. Signed by Judge Rosemary M. Collyer on 3/10/10. (lcrmc2) (Entered: 03/10/2010)

PACER
March 10, 2010

Set/Reset Deadlines/Hearings: Class Discovery Plan due by 3/24/2010. Response due by 4/7/2010. (cdw) (Entered: 03/11/2010)

PACER
March 10, 2010

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion Hearing held on 3/10/2010 re 6 Motion to Certify Class. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 03/11/2010)

PACER
18 March 24, 2010

MEMORANDUM re Order on Motion to Certify Class, by ANTHONY HARDY, DONNELL MONTS. (Attachments: # 1 Exhibit (Proposed) Notice of Deposition)(Day, Sean) (Entered: 03/24/2010)

PACER
19 April 7, 2010

RESPONSE re 18 Memorandum Regarding Plaintiff's' Proposed Discovery Plan filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 04/07/2010)

PACER
April 8, 2010

MINUTE ORDER. Having carefully reviewed the transcript of the hearing held in open Court on March 10, 2010, the Court approves 18 Plaintiffs' Notice of Deposition Duces Tecum. If the scope of the Notice presents further issues, the parties are directed to call Chambers to schedule a telephone conference and not to file further discovery papers. Signed by Judge Rosemary M. Collyer on 4/8/10. (lcrmc2) (Entered: 04/08/2010)

PACER
April 14, 2010

MINUTE ORDER. Class discovery shall be completed no later than July 14, 2010. The Courtroom Deputy is directed to schedule a status conference for a date after July 14, 2010. Signed by Judge Rosemary M. Collyer on 4/14/10. (lcrmc2) (Entered: 04/14/2010)

PACER
April 21, 2010

NOTICE of Hearing: A Status Conference is set for 7/21/2010 at 10:00 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 04/21/2010)

PACER
July 21, 2010

Set/Reset Deadlines/Hearings: Plaintiff's Motion due by 8/23/2010. Defendant's Response due by 9/27/2010. Plaintiff's Reply due by 10/12/2010. (cdw) (Entered: 07/22/2010)

PACER
July 21, 2010

MINUTE ORDER. Pursuant to the status conference held in open court on July 21, 2010, Plaintiffs shall file a motion to certify class by no later than August 23, 2010. Defendant shall file an opposition by no later than September 27, 2010. Plaintiffs may file a reply by no later than October 12, 2010. Signed by Judge Rosemary M. Collyer on 7/21/2010. (lcrmc2) (Entered: 07/21/2010)

PACER
July 21, 2010

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 7/21/2010. (Court Reporter: Lisa Hand) (cdw) (Entered: 07/21/2010)

PACER
20 Aug. 23, 2010

Consent MOTION for Extension of Time to File Motion for Class Certification by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 08/23/2010)

PACER
21 Aug. 23, 2010

TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on 7−21−10; Page Numbers: 1−12. Date of Issuance:8−23−10. Court Reporter/Transcriber Lisa Hand, Telephone number 202−354−3269, Court Reporter Email Address : lisa_hand@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi−page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty−one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 9/13/2010. Redacted Transcript Deadline set for 9/23/2010. Release of Transcript Restriction set for 11/22/2010.(Hand, Lisa) (Entered: 08/23/2010)

PACER
Aug. 24, 2010

MINUTE ORDER granting 20 Plaintiffs' consent motion for extension of time nunc pro tunc to August 23, 2010. Plaintiffs shall file a motion for class certification by no later than August 30, 2010. Signed by Judge Rosemary M. Collyer on 8/24/2010. (lcrmc2) (Entered: 08/24/2010)

PACER
Aug. 24, 2010

Set/Reset Deadlines/Hearings: Plaintiff's Motion due by 8/30/2010. (cdw) (Entered: 08/25/2010)

PACER
22 Aug. 30, 2010

MOTION to Certify Class # 2 by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit Amended 1, # 2 Exhibit 3, # 3 Exhibit 7B, # 4 Exhibit 7C, # 5 Exhibit 26, # 6 Text of Proposed Order)(Day, Sean) (Entered: 08/30/2010)

PACER
23 Sept. 24, 2010

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Renewed Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/24/2010)

PACER
24 Sept. 24, 2010

Consent MOTION for Extension of Time to File Response/Reply Plaintiffs' Renewed Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/24/2010)

PACER
Sept. 24, 2010

Set/Reset Deadlines/Hearings: Response to 22 due by 10/4/2010. Reply due by 10/19/2010. (cdw) (Entered: 09/27/2010)

PACER
Sept. 24, 2010

MINUTE ORDER granting Defendant's consent motion for an extension of time 24 . Defendant shall file an opposition to the Plaintiffs' renewed motion to certify a class 22 by no later than October 4, 2010. Plaintiffs may file a reply by no later than October 19, 2010. Accordingly, Defendant's motion for an extension of time 23 is denied as moot. Signed by Judge Rosemary M. Collyer on 9/24/2010. (lcrmc2) (Entered: 09/24/2010)

PACER
25 Oct. 4, 2010

Memorandum in opposition to re 22 MOTION to Certify Class # 2 filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 10/04/2010)

PACER
26 Oct. 19, 2010

REPLY to opposition to motion re 22 MOTION to Certify Class # 2 filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 10/19/2010)

PACER
Jan. 19, 2011

Case reassigned to U.S. District Judge Robert L. Wilkins. Judge Rosemary M. Collyer no longer assigned to the case. (ds) (Entered: 01/19/2011)

PACER
27 Feb. 24, 2011

MOTION for Suggestion of Mootness re 22 by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit Judge Leon Opinion)(Rezneck, Daniel) Modified on 2/25/2011 modify event and add linkage(rdj). (Entered: 02/24/2011)

PACER
28 March 10, 2011

Memorandum in opposition to re 27 MOTION filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 03/10/2011)

PACER
April 19, 2011

MINUTE ORDER directing Defendant to file by April 26, 2011 any Reply in support of its Motion for Suggestion of Mootness (Docket 27) or a notice indicating that Defendant does not intend to file a Reply. Signed by Judge Robert L. Wilkins on 4/19/2011. (tcb) (Entered: 04/19/2011)

PACER
29 April 21, 2011

REPLY to opposition to motion re 27 MOTION filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Rezneck, Daniel) (Entered: 04/21/2011)

PACER
30 Jan. 4, 2012

NOTICE of Filing by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit Letter)(Escoto, Henry) (Entered: 01/04/2012)

PACER
Feb. 1, 2012

MINUTE ORDER: A Motion Hearing is hereby set for 2/15/2012 at 02:30 PM in Courtroom 17 before Judge Robert L. Wilkins. Signed by Judge Robert L. Wilkins on 2/1/12. (lcrlw1, ) (Entered: 02/01/2012)

PACER
Feb. 15, 2012

Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held on 2/15/2012 re Plaintiff's 22 MOTION to Certify Class and Defendant's 27 MOTION for Suggestion of Mootness re 22 MOTION to Certify Class. Motions heard and taken under advisement. (Court Reporter Annie Shaw) (tcb) (Entered: 02/15/2012)

PACER
31 Feb. 28, 2012

MEMORANDUM OPINION re: Defendant's 27 MOTION for Suggestion of Mootness and 22 MOTION to Certify Class. Signed by Judge Robert L. Wilkins on 2/28/2012. (tcb). (Entered: 02/28/2012)

PACER
32 Feb. 28, 2012

ORDER: it is hereby: ORDERED that Plaintiffs Motion to Certify Class #2 is DENIED WITHOUT PREJUDICE. If they so wish, Plaintiffs may re−file their motion within 30 days of this Order in accordance with the Courts Memorandum Opinion; and it is, FURTHER ORDERED that Defendants Motion for Suggestion of Mootness is hereby DENIED. Signed by Judge Robert L. Wilkins on 2/28/2012. (tcb) (Entered: 02/28/2012)

PACER
33 March 29, 2012

MOTION to Certify Class [Second Renewed] by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit 26−A, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Text of Proposed Order)(Day, Sean) (Entered: 03/29/2012)

PACER
34 April 3, 2012

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Rezneck, Daniel) (Entered: 04/03/2012)

PACER
April 3, 2012

NOTICE of Hearing on Motion 33 MOTION to Certify Class Second Renewed: Motion Hearing set for 6/18/2012 at 2:30 PM in Courtroom 17 before Judge Robert L. Wilkins. (tcb) (Entered: 04/03/2012)

PACER
April 4, 2012

MINUTE ORDER: Granting 34 Defendant's Motion for Extension of Time to File Response. Defendants time in which to respond to Plaintiffs' renewed motion for class certification 33 is extended to and including April 27, 2012. Signed by Judge Robert L. Wilkins on 4/4/12. (lcrlw1) (Entered: 04/04/2012)

PACER
35 April 26, 2012

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Graham, Grace) (Entered: 04/26/2012)

PACER
36 April 27, 2012

ORDER granting 35 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed]; and it is further ORDERED that Defendants deadline to file its opposition to Plaintiffs Third Motion for Class Certification is May 2, 2012. Signed by Judge Robert L. Wilkins on 4/27/2012. (tcb) (Entered: 04/27/2012)

PACER
37 May 2, 2012

Memorandum in opposition to re 33 MOTION to Certify Class [Second Renewed] filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rezneck, Daniel) (Entered: 05/02/2012)

PACER
38 May 9, 2012

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 05/09/2012)

PACER
39 May 10, 2012

ORDER granting 38 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed]; and it further ORDERED that Plaintiffs' deadline to file its reply to Defendant's Opposition is extended to June 8, 2012. Signed by Judge Robert L. Wilkins on 5/10/2012. (tcb) (Entered: 05/10/2012)

PACER
40 June 8, 2012

REPLY to opposition to motion re 33 MOTION to Certify Class [Second Renewed] filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 06/08/2012)

PACER
June 18, 2012

Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held and concluded on 6/18/2012 re Plaintiff's 33 MOTION to Certify Class Second Renewed; Argument Heard and this matter is taken under advisement. (Court Reporter Pat Kaneshiro−Miller) (tcb) (Entered: 06/19/2012)

PACER
41 June 29, 2012

NOTICE of Appearance by Chad Alan Naso on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Naso, Chad) (Entered: 06/29/2012)

PACER
42 June 29, 2012

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Grace Graham terminated. (Rezneck, Daniel) Modified on 6/29/2012 to withdraw Daniel Rezneck(rdj). (Entered: 06/29/2012)

PACER
43 July 5, 2012

NOTICE of Filing by GOVERNMENT OF THE DISTRICT OF COLUMBIA re 33 MOTION to Certify Class [Second Renewed] (Naso, Chad) (Entered: 07/05/2012)

PACER
44 Aug. 22, 2012

MEMORANDUM AND OPINION re 33 MOTION to Certify Class [Second Renewed]. Signed by Judge Robert L. Wilkins on 8/22/2012. (tcb)

RECAP
45 Aug. 22, 2012

ORDER granting 33 MOTION to Certify Class [Second Renewed] ; and it is,FURTHER ORDERED that the parties meet and confer and submit a joint proposedorder consistent with this Courts Memorandum Opinion and FED. R. CIV. P. 23(c)(1)(B) no later than Wednesday, August 29, 2012; and it is, FURTHER ORDERED that, no later than September 12, 2012, the parties shall meet and confer and file a joint proposed schedule for further proceedings. As this is a case that has been pending since 2009, the Court expects the parties to propose a schedule that will move this matter apace. Signed by Judge Robert L. Wilkins on 8/22/2012. (tcb) (Entered: 08/22/2012)

PACER
46 Aug. 29, 2012

NOTICE of Proposed Order by ANTHONY HARDY, DONNELL MONTS re 45 Order on Motion to Certify Class,, (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 08/29/2012)

PACER
Aug. 30, 2012

MINUTE ORDER: The parties are hereby ORDERED to meet and confer and revise their Joint Proposed Order [Dkt. No. 46] to "define... the class claims, issues, or defenses" in accordance with Fed. R. Civ. P. 23(c)(1)(B). The parties are FURTHER ORDERED to file the revised Joint Proposed Order no later than 5:00 p.m. on August 31, 2012. Signed by Judge Robert L. Wilkins on 8/30/12. (lcrlw2) (Entered:

PACER
48 Sept. 4, 2012

ORDER ON CLASS CERTIFICATION. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 9/4/2012. (tcb) (Entered: 09/04/2012)

PACER
49 Sept. 12, 2012

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order PLAINTIFFS, # 2 Text of Proposed Order DEFENDANT)(Day, Sean) (Entered: 09/12/2012)

PACER
50 Sept. 19, 2012

SCHEDULING ORDER: Amended Pleadings due by 7/1/2013. Discovery due by 3/12/2013. Mediation to begin March 13, 2013 and conclude by 5/4/2013. Plaintiff Rule 26a2 due by 6/7/2013. Defendant Rule 26a2 due by 7/17/2013. Summary Judgment motions due by 9/12/2013. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 9/19/2012. (tcb) (Entered: 09/19/2012)

PACER
51 Nov. 15, 2012

NOTICE of Appearance by Douglas Stuart Rosenbloom on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 11/15/2012)

PACER
52 Dec. 18, 2012

Consent MOTION for Protective Order by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 12/18/2012)

PACER
53 Dec. 20, 2012

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Robert L. Wilkins on 12/20/2012. (tcb) (Entered: 12/20/2012)

PACER
Dec. 20, 2012

MINUTE ORDER granting 52 Consent MOTION for Protective Order. Signed by Judge Robert L. Wilkins on 12/20/2012. (tcb) (Entered: 12/20/2012)

PACER
54 Jan. 17, 2013

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Chad Alan Naso terminated. (Naso, Chad) (Entered: 01/17/2013)

PACER
55 March 4, 2013

CASE RANDOMLY REFERRED to Magistrate Judge Alan Kay for Mediation from 3/13/2013 − 5/4/2013. (ls, ) (Entered: 03/04/2013)

PACER
56 March 8, 2013

ORDER setting a Settlement Conference for 4/19/2013, at 10:00 AM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 03/08/13. (DM) (Entered: 03/08/2013)

PACER
57 March 11, 2013

Joint MOTION for Extension of Time to Complete Discovery on Class Identification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 03/11/2013)

PACER
58 March 13, 2013

ORDER granting 57 Joint MOTION for Extension of Time to Complete Discovery on Class Identification; and The Scheduling Order is AMENDED to EXTEND class identification discovery through Friday, April 5, 2013. Signed by Judge Robert L. Wilkins on 3/13/2013. (tcb) (Entered: 03/13/2013)

PACER
59 April 5, 2013

Consent MOTION for Extension of Time to Complete Discovery (re Class Identification) by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 04/05/2013)

PACER
60 April 10, 2013

ORDER granting 59 Consent MOTION for Extension of Time to Complete Discovery (re Class Identification); Class identification discovery deadline is extended from April 5, 2013, to April 12, 2013; and Class identification discovery will be subject to (a) supplementation if additional relevant documents or information is discovered, and/or (b) re−opening for good cause shown. Signed by Judge Robert L. Wilkins on 4/10/2013. (tcb) (Entered: 04/10/2013)

PACER
April 12, 2013

MINUTE ORDER canceling the mediation set for 04/19/13, at the request of counsel, and rescheduling the mediation for 5/3/2013, at 03:00 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/12/13. (DM) (Entered: 04/12/2013)

PACER
61 July 1, 2013

Consent MOTION for Extension of Time to Complete Mediation by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 07/01/2013)

PACER
July 2, 2013

MINUTE ORDER rescheduling Settlement Conference for 7/19/2013, at 02:00 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Please note that this new date is contingent upon the trial court's approval of an extension of mediation. Signed by Magistrate Judge Alan Kay on 07/02/13. (DM) (Entered: 07/02/2013)

PACER
July 3, 2013

MINUTE ORDER granting 61 Consent MOTION for Extension of Time to Complete Mediation. Signed by Judge Robert L. Wilkins on 7/3/2013. (tcb) (Entered: 07/03/2013)

PACER
July 10, 2013

MINUTE ORDER rescheduling the Settlement Conference which was previously set for 7/19/2013. The Settlement Conference is reset (at counsel's request) for 8/02/13, at 10:00 a.m. in chambers [room 2333] before Magistrate Judge Alan Kay. The parties are reminded that the mediation referral in this case was recently extended by the trial court up to and including August 2, 2013. Signed by Magistrate Judge Alan Kay on 07/10/13. (DM) (Entered: 07/10/2013)

PACER
Aug. 2, 2013

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 8/2/2013. (DM) (Entered: 08/05/2013)

PACER
62 Aug. 14, 2013

STATUS REPORT (JOINT) by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 08/14/2013)

PACER

Case Details

State / Territory:

District of Columbia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 8, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons arrested in D.C. on suspicion of selling narcotics who had their money seized by police under forfeiture laws without adequate notice or forfeiture hearings

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

The District of Columbia

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

District of District of Columbia 1:09-cv-01062

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $855,000

Order Duration: 2014 - 2014

Issues

General/Misc.:

Forfeiture

Recommended Citation