Case: Hernandez v. Houston

4:16-cv-03577 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 5, 2016

Closed Date: Dec. 20, 2024

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Case Summary

This is a case about Houston police arresting individuals without warrants and detaining them without probable cause. On December 5, 2016, two plaintiffs filed this lawsuit in the United States District Court for the Southern District of Texas. The plaintiffs on behalf of themselves and all others similarly situated sued the City of Houston under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution. Represented by private counsel and the Civil Rights Corps, the plaintiffs sought compensatory damages and attorneys’ fees. They claimed that the City of Houston regularly arrested individuals without warrants and detained them without probable cause hearings for longer than permitted by the United States Constitution.

The case was assigned to Judge Kennth M. Hoyt on December 7, 2016. The City filed a motion to dismiss the initial complaint. One of the named plaintiffs withdrew from the case and on March 1, 2017, the plaintiffs amended the complaint to add three more named plaintiffs. As a result, on March 7, the court denied the City's motion to dismiss on grounds of mootness because the filing of an amended complaint renders a prior complaint void and moots any motion to dismiss.

The City filed an amended motion to dismiss, which was denied on June 6, 2017. The court found that the defendants had essentially admitted that the facts the plaintiffs pleaded were true.

The case proceeded to discovery, and the parties engaged in lengthy discovery disputes. On August 30, 2018, the District Court issued an order stating that the City of Houston had intentionally destroyed evidence pertinent to the lawsuit. As a result, the Court held that inferences were appropriate: (1) throughout the class period, the City of Houston had a policy of not releasing warrantless arrestees who had not received neutral determinations of probable cause within the constitutionally required period of time; (2) throughout the class period, the City’s policymakers were aware of this policy; and (3) the City acted with deliberate indifference with respect to its unconstitutional policy of not releasing warrantless arrestees who hadn’t received probable cause hearings in the appropriate amount of time.

On December 11, 2018, the plaintiffs moved to certify their class. The first amended complaint detailed a single class of plaintiffs seeking compensatory relief, which applied to all those arrested without warrant and held for more than 48 hours without a prompt judicial determination of probable cause.

The plaintiffs filed a second amended complaint on December 13, 2018, which added a fifth named plaintiff. Additionally, this second amended complaint defined two classes seeking compensatory relief. The first subclass included all those arrested and held held by the City of Houston without a warrant or a judicial determination of probably cause for 48 hours or more, and the second subclass included those who were arrested and held between 24 and 48 hours.

In spring 2019, the District Court issued an order overruling a motion from the City that asked the Court to exclude certain documents that they claimed to be privileged from evidence. The plaintiffs filed a motion to compel the city to produce these documents, which was stayed by Judge Hoyt pending the City’s appeal. The Fifth Circuit Court of Appeals then vacated the District Court’s order with respect to one document, and denied the City’s claim of privilege in all other respects. Upon remand, the District Court granted the plaintiffs’ motion to compel.

In late June 2019, both parties filed motions for summary judgment. On July 3, 2019, Judge Hoyt granted the plaintiffs’ earlier motion for class certification. One week later, the City filed a motion to stay the case pending interlocutory appeal regarding the class certification issue, which was denied by the district court in early August. And, shortly after on August 8, 2020 the Fifth Circuit denied the defendants leave to appeal the grant of class certification.

At some during the summer of 2019, the parties began going through mediation and started settlement negotiations, and on August 13, 2019, a joint order to stay the case pending the finalization of settlement was granted.

In July 2020, Houston City Council voted to pass a settlement awarding the plaintiffs $1.17 million in exchange for indemnity. The court granted a joint motion for preliminary approval of the settlement on October 22, 2020.

On March 18, 2021, the court approved the settlement agreement determining it was fair, reasonable, and adequate for the class. The settlement payment was $1.17 million.

On August 9, 2022, the plaintiffs' attorney filed an unopposed motion for attorneys' fees and costs. On September 7, 2022, the court granted the motion for fees and costs. Attorneys' fees were $93, 241.28 (part of the total $1.17 million settlement). On December 20, 2024, the case was formally closed.

Summary Authors

Jane Fisher (11/2/2020)

Renuka Wagh (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6114300/parties/hernandez-v-city-of-houston/

Judge(s)

Attorney for Plaintiff

Bernhardt, Rebecca (Texas)

Cohen, Leonora (California)

Attorney for Defendant

Callan, Jennifer F (Texas)

Davis, Nancy McEvily (Texas)

Dempsey, Kelly Ann (Texas)

Judge(s)

Hanovice Palermo, Dena (Texas)

Hoyt, Kenneth M. (Texas)

Attorney for Plaintiff

Bernhardt, Rebecca (Texas)

Cohen, Leonora (California)

Downer, Ryan Chasce (District of Columbia)

Elbogen, Amanda Beth (New York)

Genser, Andrew M (New York)

Gerstein, Charles L. (District of Columbia)

Karakatsanis, Alec (District of Columbia)

King, Patrick (Texas)

Payne, Christine P (Illinois)

Pringle, Susanne Ashley (Texas)

Rotman, Anna (Texas)

Shimada, Stephanie M (New York)

Zuckerman, Alex S (New York)

Attorney for Defendant

Callan, Jennifer F (Texas)

Davis, Nancy McEvily (Texas)

Dempsey, Kelly Ann (Texas)

Dunbar, Jeremy W (Texas)

Gorman, Sean (Texas)

Lemond, Connica (Texas)

Vaden, Jeff B (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:16-cv-03577	Docket Hernandez v. City of Houston	Oct. 22, 2020	Oct. 22, 2020 Docket
1 4:16-cv-03577	Class Action Complaint Hernandez v. City of Houston	Dec. 5, 2016	Dec. 5, 2016 Complaint
19 4:16-cv-03577	Amended Class Action Complaint Hernandez v. City of Houston	March 1, 2017	March 1, 2017 Complaint
27 4:16-cv-03577	Memorandum and Order Hernandez v. City of Houston	June 6, 2017	June 6, 2017 Order/Opinion 2017 WL 2463636
80 4:16-cv-03577	Order and Findings on Sanctions and Motions Hernandez v. City of Houston	Aug. 30, 2018	Aug. 30, 2018 Order/Opinion 2020 WL 4140684
89 4:16-cv-03577	[Proposed] Second Amended Class Action Complaint Hernandez v. City of Houston	Dec. 10, 2018	Dec. 10, 2018 Complaint
154 4:16-cv-03577	Memorandum Opinion and Order Hernandez v. City of Houston	July 3, 2019	July 3, 2019 Order/Opinion 2019 WL 2869157
198 4:16-cv-03577	Final Approval Order and Judgment	March 18, 2021	March 18, 2021 Order/Opinion
215 4:16-cv-03577	Order Granting Plaintiffs' Unopposed Motion for Attorneys' Fees and Costs Hernandez v. City of Houston	Sept. 7, 2022	Sept. 7, 2022 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...
Houston, TX: Probable Cause Civil Rights Corps	Civil Rights Corps filed two class-action lawsuits against the City of Houston and Harris County, Texas, for illegally detaining thousands of people every year for extended time periods after arrest …	Dec. 30, 2018	Dec. 30, 2018 http://www.civilrightscorps.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6114300/hernandez-v-city-of-houston/

Last updated March 26, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	Dec. 5, 2016	COMPLAINT against City Of Houston (Filing fee $ 400 receipt number 0541-17608440) filed by Juan Hernandez, James Dossett. (Attachments: # 1 Civil Cover Sheet)(King, Patrick) (Entered: 12/05/2016) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Dec. 5, 2016	Request for Issuance of Summons as to City Of Houston, filed.(King, Patrick) (Entered: 12/05/2016)	RECAP
3	Dec. 5, 2016	MOTION for Charles Lewis Gerstein to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)	RECAP
4	Dec. 5, 2016	MOTION for Andrew M. Genser to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)	RECAP
5	Dec. 5, 2016	MOTION for Amanda B. Elbogen to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)	RECAP
6	Dec. 6, 2016	ORDER granting 4 Motion for Andrew M. Genser to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)	RECAP
8	Dec. 6, 2016	ORDER granting 3 Motion for Charles Lewis Gerstein to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(rosaldana, 4) (Entered: 12/07/2016)	RECAP
9	Dec. 6, 2016	ORDER granting 5 Motion for Amanda B. Elbogen to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)	RECAP
	Dec. 6, 2016	Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)
	Dec. 6, 2016	Summons Issued/Not Issued
	Dec. 6, 2016	Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: In person, filed.(bdaniel, 4)
7	Dec. 7, 2016	ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 2/6/2017 at 08:45 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarradi, 4) (Entered: 12/07/2016)	RECAP
10	Dec. 8, 2016	NOTICE of Appearance by Susanne Pringle on behalf of James Dossett, Juan Hernandez, filed. (King, Patrick) (Entered: 12/08/2016)	RECAP
11	Jan. 13, 2017	CERTIFICATE OF INTERESTED PARTIES by James Dossett, Juan Hernandez, filed.(Bernhardt, Rebecca) (Entered: 01/13/2017)	RECAP
	Jan. 19, 2017	Summons Issued as to City Of Houston, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by: In person, filed.(mmapps, 4)
	Jan. 19, 2017	Summons Issued as to USA
12	Jan. 23, 2017	RETURN of Service of SUMMONS Executed as to City Of Houston served on 1/19/2016, answer due 2/9/2016, filed.(King, Patrick) (Entered: 01/23/2017)	RECAP
13	Jan. 23, 2017	Unopposed MOTION for Continuance of Conference by James Dossett, Juan Hernandez, filed. Motion Docket Date 2/13/2017. (King, Patrick) (Entered: 01/23/2017)	RECAP
14	Jan. 27, 2017	ORDER granting 13 Unopposed MOTION for Continuance of Conference ( Telephone Conference set for 3/6/2017 at 09:00 AM before Judge Kenneth M Hoyt)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2017)	RECAP
15	Feb. 9, 2017	MOTION to Dismiss by City Of Houston, filed. Motion Docket Date 3/2/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Affidavit - Steven Spears, # 3 Exhibit 2 - Search and Arrest Warrant, # 4 Exhibit 3 - Affidavit - Glen Tabor, # 5 Exhibit 4 - Business Records Affidavit - Jail Release)(Lemond, Connica) (Entered: 02/09/2017)	RECAP
16	Feb. 24, 2017	JOINT DISCOVERY/CASE MANAGEMENT PLAN by James Dossett, Juan Hernandez, filed.(King, Patrick) (Entered: 02/24/2017)	RECAP
17	March 1, 2017	Opposed MOTION to Stay Discovery by City Of Houston, filed. Motion Docket Date 3/22/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 03/01/2017)	RECAP
18	March 1, 2017	NOTICE of Dismissal as to James Dossett by James Dossett, filed. (Gerstein, Charles) (Entered: 03/01/2017)	RECAP
19	March 1, 2017	AMENDED COMPLAINT with Jury Demand against City Of Houston filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall.(Gerstein, Charles) (Entered: 03/01/2017)	Clearinghouse
20	March 2, 2017	RESPONSE to 15 MOTION to Dismiss filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 03/02/2017) 1 Proposed Order View on RECAP	RECAP
21	March 3, 2017	ORDER granting 17 Motion to Stay Discovery. The Discovery in this matter is STAYED until the Court has ruled on the merits of the defendant's Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)	RECAP
22	March 3, 2017	ORDER granting 18 Notice of Dismissal as to James Dossett. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)	RECAP
23	March 6, 2017	ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on March 6, 2017 at 9:00 a.m. Appearances: Amanda Beth Elbogen, Charles Lewis Gerstein, Suzanne Pringle, Connica Mou Lemond. ETT: 5-7 days. Jury trial. Initial Disclosures due by 3/30/2017. Pltf Expert Witness List due by 10/1/2017. Pltf Expert Report due by 10/1/2017. Deft Expert Witness List due by 11/1/2017. Deft Expert Report due by 11/1/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)	RECAP
24	March 6, 2017	ORDER denying 15 Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)	Clearinghouse
25	March 15, 2017	Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment by City Of Houston, filed. Motion Docket Date 4/5/2017. (Attachments: # 1 Exhibit A - Affidavit - Amanda Zimmerman, # 2 Exhibit B - Affidavit - Eric Henry, # 3 Exhibit C - Affidavit - Steven Spears)(Lemond, Connica) (Entered: 03/15/2017)	RECAP
26	April 5, 2017	RESPONSE in Opposition to 25 Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Gerstein, Charles) (Entered: 04/05/2017)	RECAP
27	June 6, 2017	MEMORANDUM AND ORDER denying 25 Defendant's Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)	Clearinghouse
28	June 21, 2017	STIPULATION re: Scheduling, and Proposed Order re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed.(Gerstein, Charles) (Entered: 06/21/2017)	RECAP
29	July 13, 2017	Agreed MOTION for Protective Order by City Of Houston, filed. Motion Docket Date 8/3/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/13/2017) 1 Proposed Order View on RECAP	RECAP
30	July 14, 2017	PROTECTIVE ORDER Granting 29 Agreed MOTION for Protective Order (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)	RECAP
31	July 14, 2017	AMENDED SCHEDULING ORDER. Initial Disclosures due by 3/30/2017. Parties Certify that production of documents responsive to requests for production of documents is complete 7/14/2017. Privilege Logs Exchanged 7/21/2017. Fact depositions begin 7/24/2017. Plaintiffs move for class certification and serve any supporting expert reports 8/25/2017. Defendant files opposition to class certification and serves any opposing expert reports 9/8/2017. Fact discovery closes 9/15/2017. Deadline for deposing class certification experts 9/22/2017. Plaintiffs file reply brief in support of class certification and serve any supporting expert reports 9/29/2017. Pltf Expert Witness List & Report due by 10/1/2017. Deft Expert Witness List & Report due by 11/1/2017. Deadline for Plaintiffs to submit reply expert reports, if any 11/15/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Jury Trial (To Be Determined). (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)	RECAP
32	July 18, 2017	MOTION for Alex S. Zuckerman to Appear Pro Hac Vice by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 8/8/2017. (King, Patrick) (Entered: 07/18/2017)	RECAP
33	July 20, 2017	ORDER Granting 32 Motion for Alex S. Zuckerman to Appear Pro Hac Vice.(Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/20/2017)	RECAP
34	Aug. 25, 2017	STIPULATION re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 08/25/2017)	RECAP
35	Sept. 20, 2017	SCHEDULING ORDER granting 34 STIPULATION. Certification that Production of Documents responsive to Requests are complete by 12/15/2017. Privilege logs exchanged by 12/22/2017. Fact Depositions begin by 1/16/2018. Pltf Move for Class Certification by 2/23/2018. Deft Opposition to Class Certification by 3/9/2018. Fact Discovery closes by 3/16/2018. Deadline for Deposing Class Certification Experts 3/23/2018. Reply Brief in support of class certification due by 3/30/2018. Pltf Expert Report due by 4/13/2018. Deft Expert Report due by 5/14/2018. Reply Expert Reports due by 5/29/2018. Discovery due by 6/8/2018. Dispositive Motion Filing due by 6/29/2018. Docket Call TBD. Jury Trial TBD.(Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 09/20/2017)	RECAP
36	Oct. 17, 2017	WITHDRAWN per Notice #39 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/7/2017. (Attachments: # 1 Exhibit A Proposed ESI Protocol, # 2 Exhibit B COH0000506, # 3 Exhibit C September 27, 2017 Letter to C. Lemond, # 4 Exhibit D COH0000003, # 5 Exhibit E COH0000957, # 6 Exhibit F October 12, 2017 Letter to C. Lemond)(King, Patrick) Modified on 11/7/2017 (chorace). (Entered: 10/17/2017)	RECAP
37	Oct. 23, 2017	ORDER for Expedited Response; Motion-related deadline set re: 36 MOTION for Entry of Order re: Plaintiffs' Motion for Entry of ESI PROTOCOL and to Compel Production of Documents Pursuant thereto. Response to Motion due by 11/2/2017.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/23/2017)	RECAP
38	Nov. 3, 2017	Agreed MOTION for Entry of Order re: Production of Electronically Stored Information by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/24/2017. (Attachments: # 1 Exhibit A. Proposed Order)(King, Patrick) (Entered: 11/03/2017)	RECAP
39	Nov. 3, 2017	NOTICE OF WITHDRAWAL re: 36 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 11/03/2017)	RECAP
40	Nov. 8, 2017	STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION 38 Agreed MOTION for Entry of Order re: Production of Electronically Stored Information. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/08/2017)	RECAP
41	Nov. 15, 2017	MOTION for Rebecca Bernhardt to Withdraw as Attorney by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/6/2017. (Attachments: # 1 Proposed Order)(Pringle, Susanne) (Entered: 11/15/2017)	RECAP
42	Nov. 20, 2017	ORDER granting 41 Motion to Withdraw as Attorney. Attorney Rebecca Bernhardt terminated. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 11/20/2017)	RECAP
43	Feb. 13, 2018	NOTICE of Change in Bar Status by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Gerstein, Charles) (Entered: 02/13/2018)	RECAP
44	Feb. 23, 2018	Agreed MOTION for Extension of Time Class Certification Deadline by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/16/2018. (Gerstein, Charles) (Entered: 02/23/2018)	RECAP
45	Feb. 23, 2018	PROPOSED ORDER re: 44 Agreed MOTION for Extension of Time Class Certification Deadline, filed.(Gerstein, Charles) (Entered: 02/23/2018)	RECAP
46	Feb. 26, 2018	ORDER granting 44 Agreed MOTION for Extension of Time Class Certification Deadline. It is ORDERED that the class certification briefing deadline is extended until 21 days after the City certifies its document production is complete. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 02/26/2018)	RECAP
47	Feb. 28, 2018	MOTION to Compel Production and For Discovery Sanctions by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/21/2018. (Attachments: # 1 Exhibit A Plaintiffs' First Set of Requests for Production, # 2 Exhibit B Plaintiffs' First Set of Interrogatories, # 3 Exhibit C July 31 2017 Letter, # 4 Exhibit D September 27 2017 Letter, # 5 Exhibit E October 12 2017 Letter, # 6 Exhibit F November 17 2017 Letter, # 7 Exhibit G November 30 2017 Letter, # 8 Exhibit H December 14 2017 Letter, # 9 Exhibit I January 18 2017 Letter, # 10 Exhibit J January 25 2018 Letter)(King, Patrick) (Entered: 02/28/2018)	RECAP
48	Feb. 28, 2018	PROPOSED ORDER re: 47 MOTION to Compel Production and For Discovery Sanctions, filed.(King, Patrick) (Entered: 02/28/2018)	RECAP
49	March 1, 2018	ORDER for Expedited Response; Motion-related deadline set re: 47 MOTION to Compel Production and For Discovery Sanctions; Response to Motion due by 3/12/2018.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/01/2018)	RECAP
50	March 9, 2018	NOTICE of Appearance by Jennifer F. Callan on behalf of City Of Houston, filed. (Callan, Jennifer) (Entered: 03/09/2018)	RECAP
51	March 9, 2018	RESPONSE to 47 MOTION to Compel Production and For Discovery Sanctions filed by City Of Houston. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Callan, Jennifer) (Entered: 03/09/2018)	RECAP
52	March 14, 2018	REPLY in Support of 47 MOTION to Compel Production and For Discovery Sanctions, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (King, Patrick) (Entered: 03/14/2018)	RECAP
53	March 20, 2018	NOTICE of Setting as to 47 MOTION to Compel Production and For Discovery Sanctions. Parties notified. Motion Hearing set for 4/3/2018 at 09:00 AM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 03/20/2018)	RECAP
54	April 3, 2018	Minute Entry for proceedings held before Judge Kenneth M Hoyt. MOTION HEARING held on 4/3/2018. The Court takes this matter under advisement. Appearances: Jennifer F Callan, Connica Mou Lemond, Charles Lewis Gerstein, Amanda Beth Elbogen, Patrick King, Alex S. Zuckerman.(Court Reporter: G. Dye), filed.(chorace) (Entered: 04/03/2018)	RECAP
	April 3, 2018	Motion Hearing
55	April 4, 2018	AO 435 TRANSCRIPT REQUEST by Patrick J. King; Alex S. Zuckerman for Transcript of Motion Hearing on 4/3/18 before Judge Kenneth M. Hoyt. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (King, Patrick) (Entered: 04/04/2018)	RECAP
56	April 6, 2018	TRANSCRIPT re: Motion Hearing held on April 3, 2018, before Judge Kenneth M Hoyt. Court Reporter/Transcriber Dye. Ordering Party Alex Zuckerman Release of Transcript Restriction set for 7/5/2018., filed. (gdye, ) (Entered: 04/06/2018)	RECAP
57	April 9, 2018	Notice of Filing of Official Transcript as to 56 Transcript. Party notified, filed. (hcarr, 4) (Entered: 04/09/2018)	RECAP
58	April 10, 2018	MEMORANDUM AND ORDER granting 47 MOTION to Compel Production and For Discovery Sanctions. Within twenty (20) days of the entry of this Order, the defendant shall produce all non-privileged documents responsive to the plaintiffs requests for production nos. 1-4, 8 and 9 in accordance with the Courts November 8, 2017, ESI Order 40 . Any claim of privilege must be accompanied by a privilege log.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 04/10/2018)	RECAP
59	May 16, 2018	MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 6/6/2018. (Attachments: # 1 Exhibit A - 2018-04-03 Motion to Compel Transcript, # 2 Exhibit B - 2018-04-27 C. Lemond Response to Letter, # 3 Exhibit C - 2018-04-11 A. Elbogen Email, # 4 Exhibit D - 2018-04-30 City Hit Report, # 5 Exhibit E - 2018-04-26 C. Lemond Email, # 6 Exhibit F - 2018-04-26 Letter to C. Lemond, # 7 Exhibit G - 2018-05-02 A. Elbogen Email, # 8 Exhibit H - Contact List Verify Documents, # 9 Exhibit I - COH0000028, # 10 Exhibit J - COH0000246, # 11 Exhibit K - COH0000602, # 12 Exhibit L - COH0000914)(King, Patrick) (Entered: 05/16/2018)	RECAP
60	May 25, 2018	NOTICE of Setting as to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, Parties notified. Motion Hearing set for 6/11/2018 at 11:00 AM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 05/25/2018)	RECAP
61	June 7, 2018	NOTICE of Resetting as to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order. Parties notified. Motion Hearing set for 6/13/2018 at 01:30 PM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 06/07/2018)	RECAP
62	June 7, 2018	RESPONSE to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, filed by City Of Houston. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemond, Connica) (Entered: 06/07/2018)	RECAP
63	June 8, 2018	WITHDRWAN per Order 74 MOTION to Strike 62 Response to Motion by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 6/29/2018. (Attachments: # 1 Proposed Order Proposed Order on Motion to Strike)(King, Patrick) Modified on 6/21/2018 (chorace). (Entered: 06/08/2018)	RECAP
64	June 8, 2018	NOTICE OF WITHDRAWAL OF APPEARANCE OF ANDREW M. GENSER by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 06/08/2018)	RECAP
65	June 9, 2018	NOTICE of Appearance by Christine P. Payne on behalf of Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 06/09/2018)	RECAP
66	June 11, 2018	RESPONSE in Opposition to 63 MOTION to Strike 62 Response to Motion, filed by City Of Houston. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 06/11/2018)	RECAP
67	June 12, 2018	REPLY in Support of 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order,, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Exhibit A - 4/3/18 Hearing Transcript Excerpts)(King, Patrick) (Entered: 06/12/2018)	RECAP
68	June 13, 2018	Minute Entry for proceedings held before Judge Kenneth M Hoyt. MOTION HEARING held on 6/13/2018. The pltfs' oral motion to withdraw its motion to strike the defendant's response is Granted. The Court determines that the City has failed to comply with the Court's Order. Within 10 days of the date of this hearing, the pltfs' shall file under seal their proposed findings and proposed remedy. The City may file under seal, its response to the pltfs' findings w/i 10 days of the pltfs' filings. The Court takes this matter under advisement. Appearances: Jennifer F Callan, Connica Mou Lemond, Christine P Payne, Charles Lewis Gerstein, Amanda Beth Elbogen, Alex S. Zuckerman.(Court Reporter: H. Alcaraz), filed.(chorace) (Entered: 06/13/2018)	RECAP
74	June 13, 2018	ORDER withdrawing 63 MOTION to Strike 62 Response to Motion .(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/21/2018)	RECAP
69	June 14, 2018	ADMINISTRATIVE TRANSCRIPT/RECORD from Kirkland and Ellis LLP by Juan Hernandez, filed.(King, Patrick) (Entered: 06/14/2018)	RECAP
70	June 14, 2018	AO 435 TRANSCRIPT REQUEST by City of Houston for Transcript of 04.03.2018 Hearing Transcript. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Contract Court Reporter, filed. (Callan, Jennifer) (Entered: 06/14/2018)	RECAP
71	June 14, 2018	TRANSCRIPT re: Motion Hearing held on 6/13/18 before Judge Kenneth M Hoyt. Court Reporter Heather Alcaraz. Ordering Party Kasia Olkowski. Release of Transcript Restriction set for 9/12/2018, filed. (halcaraz, ) (Entered: 06/14/2018)	RECAP
72	June 14, 2018	AO 435 TRANSCRIPT REQUEST by City of Houston for Transcript of 06.13.2018 Hearing Transcript. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Contract Court Reporter, filed. (Callan, Jennifer) (Entered: 06/14/2018)	RECAP
73	June 15, 2018	Notice of Filing of Official Transcript as to 71 Transcript. Party notified, filed. (dhansen, 4) (Entered: 06/15/2018)	RECAP
75	June 22, 2018	Sealed Event, filed. (Entered: 06/22/2018)	RECAP
76	June 22, 2018	Sealed Event, filed. (With attachments) (Entered: 06/22/2018)	RECAP
77	July 3, 2018	Sealed Event, filed. (With attachments) (Entered: 07/03/2018)	RECAP
78	July 3, 2018	Unopposed MOTION for Connica Lemond to Withdraw as Attorney( Motion Docket Date 7/24/2018.), Unopposed MOTION to Substitute Attorney Jennifer Callan in place of Connica Lemond by City Of Houston, filed. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/03/2018)	RECAP
79	July 5, 2018	ORDER granting 78 Unopposed MOTION for Connica Lemond to Withdraw as Attorney; granting 78 Unopposed MOTION to Substitute Attorney Jennifer Callan in place of Connica Lemond for City Of Houston...*** Attorney Connica Mou Lemond terminated. (Signed by Judge Kenneth M Hoyt)( Motion Docket Date 7/24/2018.), Parties notified.(sanderson, 4) (Entered: 07/05/2018)	RECAP
80	Aug. 30, 2018	ORDER AND FINDINGS ON SANCTIONS AND MOTIONS 59 Motion to Enforce.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)	Clearinghouse
81	Oct. 8, 2018	NOTICE of attorney substitution by City Of Houston. Attorney Sean Gorman added, filed. (Gorman, Sean) (Entered: 10/08/2018)	RECAP
82	Oct. 8, 2018	NOTICE of Appearance by Nancy McEvily Davis on behalf of City Of Houston, filed. (Davis, Nancy) (Entered: 10/08/2018)	RECAP
83	Oct. 18, 2018	NOTICE of Appearance by Jeremy W. Dunbar on behalf of City Of Houston, filed. (Dunbar, Jeremy) (Entered: 10/18/2018)	RECAP
84	Dec. 10, 2018	Unopposed MOTION to Amend by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/31/2018. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Order, # 2 Exhibit Exhibit 2 - Proposed Second Amended Complaint, # 3 Exhibit Exhibit 3 - Redline of Amended Complaints)(King, Patrick) (Entered: 12/10/2018)	RECAP
85	Dec. 11, 2018	Amended PROPOSED ORDER re: 84 Unopposed MOTION to Amend, filed.(King, Patrick) (Entered: 12/11/2018)	RECAP
86	Dec. 11, 2018	MOTION to Certify Class by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/2/2019. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - COH0020250, # 3 Exhibit 2 - Affidavit of Steven Spears, # 4 Exhibit 3 - COH0001043, # 5 Exhibit 4 - COH0000721, # 6 Exhibit 5 - COH0000471, # 7 Exhibit 6 - COH0000246, # 8 Exhibit 7 - COH0000383, # 9 Exhibit 8 - COH0000506, # 10 Exhibit 9 - COH0000597, # 11 Affidavit Declaration of Alex Zuckerman, # 12 Exhibit A - Kirkwood HC Records, # 13 Exhibit B - Trevino HC Records, # 14 Exhibit C - Wheatfall HC Records, # 15 Exhibit D - Hernandez HC Records, # 16 Exhibit E - Aguirre HC Records, # 17 Affidavit Declaration of Amanda Elbogen, # 18 Affidavit Declaration of Charles Gerstein, # 19 Affidavit Declaration of Susanne Pringle)(King, Patrick) (Entered: 12/11/2018) 1 View on RECAP 3 View on RECAP 4 View on RECAP	RECAP
88	Dec. 13, 2018	ORDER granting 84 Unopposed Motion for Leave to File an Amended Complaint. It is FURTHER ORDERED that the clerk is directed to file the plaintiffs Second Amended Complaint, attached as Exhibit 2 to their motion for leave, as of the date of this Order. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 12/18/2018)	RECAP
89	Dec. 13, 2018	Second AMENDED COMPLAINT against City Of Houston filed by DeQuan Kirkwood, Juan Hernandez, Kent Wheatfall, Manuel Trevino, Eric Aguirre.(sanderson, 4) (Entered: 12/18/2018)	Clearinghouse
90	Dec. 13, 2018	ORDER granting 84 Motion to Amend Complaint. Pursuant to the parties agreement, the defendants motion or answer in response to the Second Amended Complaint 89 is due forty-five days after this Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/18/2018)	RECAP
87	Dec. 14, 2018	MOTION for Stephanie M. Shimada to Appear Pro Hac Vice by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/4/2019. (King, Patrick) (Entered: 12/14/2018)	RECAP
91	Dec. 17, 2018	ORDER granting 87 Motion for Stephanie M Shimada to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 12/18/2018)	RECAP
92	Dec. 19, 2018	MOTION for Ryan C. Downer to Appear Pro Hac Vice by Eric Aguirre, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/9/2019. (Gerstein, Charles) (Entered: 12/19/2018)	RECAP
93	Dec. 20, 2018	STIPULATION re: Extension of Time for Response and Reply to Plaintiffs' Motion for Class Certification by City Of Houston, filed.(Gorman, Sean) (Entered: 12/20/2018)	RECAP
94	Dec. 20, 2018	Opposed MOTION for Reconsideration of 80 Order on Motion to Enforce by City Of Houston, filed. Motion Docket Date 1/10/2019. (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 Proposed Order)(Gorman, Sean) (Entered: 12/20/2018)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 5, 2016

Closing Date: Dec. 20, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class A: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 48 hours. Class B: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 24 hours and less than 48 hours.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Houston

Defendant Type(s):