Case: U.S. v. Matthews

6:04-cv-00291 | U.S. District Court for the Eastern District of Texas

Filed Date: June 25, 2004

Closed Date: 2018

Clearinghouse coding complete

Case Summary

In 1962, a lawsuit was filed against the Longview Independent School District (LISD) in the the United States District Court for the Eastern District of Texas. The suit later resulted in a 1970 desegregation order, which created attendance zones and provided for transportation of students to schools to achieve racial balancing as well as a majority-to-minority transfer program. There is very little additional information as to the details of that lawsuit or the content of the order.On June 25, …

In 1962, a lawsuit was filed against the Longview Independent School District (LISD) in the the United States District Court for the Eastern District of Texas. The suit later resulted in a 1970 desegregation order, which created attendance zones and provided for transportation of students to schools to achieve racial balancing as well as a majority-to-minority transfer program. There is very little additional information as to the details of that lawsuit or the content of the order.

On June 25, 2004, the United States (the plaintiff-intervenor) and the LISD submitted a joint motion to amend the 1970 order to allow for the creation of magnet schools in the district. According to the motion, since the creation of the 1970 order, the total enrollment of the district had gone down, along with the enrollment of white students, while percentages of African American and Hispanic students enrolled had increased. The parties stated that the magnet school program would alleviate burdens on African American students being bused long distances to other schools and would attract students to the district. The magnet schools would have an attendance zone from which students could automatically enroll, with the rest of the capacity filled by lottery. On July 15, 2004, the Court (Judge Leonard Davis) approved the joint motion.

On August 4, 2008, the Court issued a consent order approving the parties' joint proposal to close one of the elementary schools in the district. The school was being closed in conjunction with an overall adjustment of the district prompted by the district receiving funding to construct eight new schools and renovate two existing elementary schools. The Court also enjoined the LISD from making any transfers of students that were not part of the majority-to-minority plan allowed by the 1970 order, as the district had been making transfers for other reasons that had a negative impact on racial balances in the schools.

On December 17, 2010, the parties submitted a joint motion to modify the desegregation order to allow amended school zones, which became necessary with the construction of new schools, and to amend transfer requirements to allow, in addition to majority-to-minority transfer requirements, three sorts of transfers: transfers for students whose parents or guardians work in the school to which they want to be transferred, transfers out of a school that is failing to make No Child Left Behind annual yearly progress goals, and transfers for students with special needs. The joint motion also specified that the district would continue desegregation efforts in staff and faculty and would make annual reports. On January 24, 2011, the Court approved the parties' plan.

On February 27, 2014, the parties submitted a joint motion for declaration of partial unitary status, stipulating that the school district had fulfilled the 1970 order and achieved unitary status in the areas of: facilities and resource allocation, transportation, extracurricular activities, and staff assignment. The Court approved the motion on February 28, 2014.

On September 19, 2014, the Court granted a motion to extend deadlines for discovery related to declaring unitary status, but set a hearing date of December 17, 2014, if the parties could not resolve the dispute before that date. The hearing date was cancelled, as the parties submitted a joint motion for the court to approve a consent judgment on December 22, 2014, which the court approved on that same date. The consent judgment included requirements for publicizing the LISD's magnet school's admissions process, provisions concerning student assignments and intra-district student transfers, provisions concerning the availability and monitoring of pre-advanced placement classes and the gifted-and-talented program, provisions for monitoring faculty assignments, and annual reporting requirements. The LISD was required to file annual status reports with the court. The term of the consent degree was for three years, at which point the LISD could file a motion for a declaration of full unitary status provided that there would be no outstanding disputes pending before the court.

On April 12, 2017, the LISD filed a motion to modify the final consent decree with a proposed magnet-program expansion plan, which would make the LISD eligible for a grant of up to fifteen million dollars from the United States Department of Education’s Magnet Schools Assistance program. The United States did not oppose the LISD's motion. On May 18, 2017, the court granted the LISD's motion, thus permitting the LISD to implement new magnet and/or charter programs at specified schools.

The LISD submitted three annual status reports. On January 31, 2018, the parties filed a joint motion for a declaratory judgment of unitary status. On June 15, 2018, the court granted the parties' motion, finding that the school district had (1) fully and satisfactorily complied with the court’s desegregation orders for a reasonable period of time; (2) eliminated the vestiges of its past de jure discrimination to the extent practicable; and (3) demonstrated a good faith commitment to the whole of the court’s order and to those provisions of the law and the Constitution that were the predicate for judicial intervention in the first instance. The court thus dismissed the case on June 19, 2018. The case is now closed.

Summary Authors

Claire Lally (12/1/2014)

Eva Richardson (5/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4389302/parties/usa-v-matthews/


Judge(s)

Davis, Leonard E. (Texas)

Schroeder, Robert William III (Texas)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Becker, Grace Chung (District of Columbia)

Berman, Amy I. (District of Columbia)

Rogers, Laura Kym Davis (District of Columbia)

Attorneys(s) for Defendant

Frels, Kelly (Texas)

Haddock, Sheila (Texas)

Hardy, John Michael (Texas)

McBride, Lisa (Texas)

Judge(s)

Davis, Leonard E. (Texas)

Schroeder, Robert William III (Texas)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Becker, Grace Chung (District of Columbia)

Berman, Amy I. (District of Columbia)

Rogers, Laura Kym Davis (District of Columbia)

Attorneys(s) for Defendant

Frels, Kelly (Texas)

Haddock, Sheila (Texas)

Hardy, John Michael (Texas)

McBride, Lisa (Texas)

Morris, Richard A. (Texas)

Wagoner, Nicholas J. (Texas)

Other Attorney(s)

Bhargava, Anurima (District of Columbia)

Cogar, Andrew R. (District of Columbia)

Dann, Mark (District of Columbia)

Gupta, Vanita (District of Columbia)

Guzman, Javier M (District of Columbia)

Moore, John R. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

US v. Matthews

June 19, 2018 Docket
1

Joint Motion to Amend Desegregation Order

US v. Matthews

June 25, 2004 Pleading / Motion / Brief
20

Consent Order

US v. Matthews

Aug. 4, 2008 Order/Opinion
39

Joint Motion to Modify Desegregation Order

US v. Matthews

Dec. 17, 2010 Pleading / Motion / Brief
42

Consent Order [Concerning Modifications to the Desegregation Order]

US v. Matthews

Jan. 24, 2011 Order/Opinion
60

Joint Proposed Discovery & Briefing Schedule

US v. Matthews

July 10, 2013 Pleading / Motion / Brief
70

Joint Motion for Declaration of Partial Unitary Status

US v. Matthews

Feb. 27, 2014 Pleading / Motion / Brief
71

Agreed Order for Declaration of Partial Unitary Status and Partial Dismissal

US v. Matthews

Feb. 28, 2014 Order/Opinion
81

Final Consent Decree

USA v. Matthews

Dec. 22, 2014 Settlement Agreement
85

Defendant Longview Independent School District's Motion to Expedite Consideration of Motion to Modify Final Consent Decree

USA v. Matthews

May 9, 2017 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4389302/usa-v-matthews/

Last updated May 20, 2022, 3:42 a.m.

ECF Number Description Date Link
1

JOINT MOTION to Amend Desegregation Order from old case number 6:62-cv-3095 by Landon A Colquitt, O L Kimbrough, Tom W Landers, Longview ISD, Charles F Matthews, Norman P Taylor, USA, J Merton Young. (rvw, ) Additional attachment(s) added on 6/25/2004 (rvw, ). (Entered: 06/25/2004)

June 25, 2004 PACER
2

NOTICE of Telephonic Hearing on 1 MOTION to Amend/Correct: Telephonic Motion Hearing set for 7/15/2004 02:00 PM before Judge Leonard Davis. (mjm, ) (Entered: 07/13/2004)

July 13, 2004 PACER
3

Minute Entry for proceedings held before Judge Leonard Davis : Motion Hearing held on 7/15/2004 re 1 MOTION to Amend/Correct filed by USA, Charles F Matthews, Longview ISD, Norman P Taylor, O L Kimbrough, Tom W Landers, Landon A Colquitt, J Merton Young. (Court Reporter Jan Mason.) (rlf, ) (Entered: 07/15/2004)

July 15, 2004 PACER
4

ORDER granting 1 Motion to Amend/Correct. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that provided that the US Dept of Education provides funding for the District's 2004 Magnet School Plan, Longview ISD; It is further ORDERED that the Court's 1970 Order of Desegration and any subsequent orders of desegration issued by this Court are amended to include magnet schools as a desegration tool and are amended to the extent necessary to permit Longview ISD to implement its 2004 Magnet School Plan. The Court further ORDERS that this case is set for a status conference concerning the implementation of the District's 2004 Magnet School Plan on June 15, 2005 at 2:00 p.m. Signed by Judge Leonard Davis on 7/15/04. (fnt, ) (Entered: 07/19/2004)

July 15, 2004 PACER
5

EXEMPTION ORDER to General Order 04-16 - RE courtesy paper copies of electronically-filed documents. It is Ordered that courtesy paper copies shall be filed when specifically requested by the undersigned. Signed by Judge Leonard Davis on 8/16/04. (ehs, ) (Entered: 08/17/2004)

Aug. 17, 2004 PACER
6

NOTICE of Hearing: TELEPHONIC Status Conference set for 6/15/2005 02:00 PM before Judge Leonard Davis. (rlf, ) (Entered: 06/08/2005)

June 8, 2005 PACER
7

NOTICE of Hearing:TELEPHONIC Status Conference RESET for 6/17/2005 10:00 AM before Judge Leonard Davis. cc: Parties(rlf, ) (Entered: 06/14/2005)

June 14, 2005 PACER
8

APPLICATION to Appear Pro Hac Vice by Attorney Laura Kym Davis Rogers for USA. US Government attorney. Fee waived(fnt, ) (Entered: 06/16/2005)

June 16, 2005 PACER
9

NOTICE of Hearing: TELEPHONIC Status Conference set for 7/13/2006 10:00 AM before Judge Leonard Davis. (rlf, ) (Entered: 06/17/2005)

June 17, 2005 PACER
10

Minute Entry for proceedings held before Judge Leonard Davis : Status Conference held on 6/17/2005. (Court Reporter Jan Mason.) (rlf, ) (Entered: 06/17/2005)

June 17, 2005 PACER
11

NOTICE of Attorney Appearance by Andrew Ryan Cogar on behalf of USA (Cogar, Andrew) (Entered: 07/13/2006)

July 13, 2006 PACER
12

NOTICE of Hearing: Telephonic Status Conference set for 7/12/2007 10:00 AM before Judge Leonard Davis. Plaintiff's counsel is directed to initiate conference call having all parties on the line.(rlf, ) (Entered: 07/13/2006)

July 13, 2006 PACER
13

Minute Entry for proceedings held before Judge Leonard Davis : Status Conference held on 7/13/2006. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 07/13/2006)

July 13, 2006 PACER
14

Minute Entry for proceedings held before Judge Leonard Davis : Scheduling Conference held on 7/13/2007. (Court Reporter J Mason.) (mpt, ) (Entered: 07/13/2007)

July 13, 2007 PACER
15

APPLICATION to Appear Pro Hac Vice by Attorney Mark A Dann for USA. (mll, ) (Entered: 07/02/2008)

July 2, 2008 PACER
16

NOTICE of Attorney Appearance by Mark A Dann on behalf of USA (Dann, Mark) (Entered: 07/07/2008)

July 7, 2008 PACER
17

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 7/9/2008. (Court Reporter Shea Sloan) (rlf) (Entered: 07/10/2008)

July 9, 2008 PACER
18

ORDER for the USA to request any necessary documents re the proposed closing of a Longview elementary school by noon 7/15/08 and for LISD to provide the documents by 7/28/08. Related Motions or objections are due by noon on 8/4/2008. A Telephonic Status Conference is set for 8/4/2008 02:30 PM before Judge Leonard Davis. Responses and replies will be due before a follow-up hearing set for 8/13/2008 10:00 AM before Judge Leonard Davis in Tyler. Signed by Judge Leonard Davis on 7/11/08. (mjc ) (Entered: 07/11/2008)

July 11, 2008 PACER
19

Joint MOTION to Approve Consent Judgment by USA, Longview ISD. (Attachments: # 1 Text of Proposed Order Proposed Consent Order)(McBride, Lisa) (Entered: 08/04/2008)

2 Text of Proposed Order Proposed Consent Order

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Aug. 4, 2008 PACER
20

CONSENT ORDER. Signed by Judge Leonard Davis on 08/04/08. cc:attys 8-4-08 (mll, ) (Entered: 08/04/2008)

Aug. 4, 2008 PACER
21

ORDER setting telephonic Status Conference for 6/10/2009 10:30 AM before Judge Leonard Davis. Signed by Judge Leonard Davis on 08/04/08. cc:attys 8-6-08 (mll, ) (Entered: 08/06/2008)

Aug. 4, 2008 PACER
22

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 8/4/2008. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 08/07/2008)

Aug. 4, 2008 PACER
23

MOTION to Substitute Attorney by Longview ISD. (Attachments: # 1 Text of Proposed Order Proposed Order Motion to Substitute Counsel)(Morris, Richard) (Entered: 10/09/2008)

2 Text of Proposed Order Proposed Order Motion to Substitute Counsel

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Oct. 9, 2008 PACER
24

ORDER granting 23 Motion to Substitute Attorney. Added attorney Richard Alan Morris for Longview ISD. Attorney Leon Kelly Frels and Lisa Renee McBride terminated. Signed by Judge Leonard Davis on 10/14/08. cc:attys 10-14-08 (mll, ) (Entered: 10/14/2008)

Oct. 14, 2008 PACER
25

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morris, Richard) (Entered: 10/14/2008)

1 Exhibit A

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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Oct. 14, 2008 PACER
26

Consent MOTION to Continue by Longview ISD. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hardy, John) (Entered: 10/30/2008)

2 Text of Proposed Order Proposed Order

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Oct. 30, 2008 PACER
27

ORDER granting 26 Motion to Continue. Signed by Judge Leonard Davis on 10/31/08. cc:attys 10-31-08 (mll, ) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
28

***PLEASE DISREGARD. DOCUMENT IS NOT SIGNED.***STATUS REPORT by Longview ISD. (Morris, Richard) Modified on 2/3/2009 (mjc ). (Entered: 02/02/2009)

Feb. 2, 2009 PACER
29

STATUS REPORT by Longview ISD. (Morris, Richard) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
30

Minute Entry - 6.10.09 Status Conference for proceedings held before Judge Leonard Davis: Status Conference held on 6/10/2009. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 06/10/2009)

June 10, 2009 PACER
31

ORDER that the parties meet and confer and file a status report by 2-16-2010. The status report shall include responses to the concerns raised in the attached letter, progress made in this case since the last status conference, and an estimation of when this case can be closed and what remains to be done in order to close the case. Signed by Judge Leonard Davis on 01/26/10. cc:attys 1-26-10(mll, ) (Entered: 01/26/2010)

Jan. 26, 2010 PACER
32

STATUS REPORT by USA. (Dann, Mark) (Entered: 02/16/2010)

Feb. 16, 2010 RECAP
33

2.23.10 Minute Entry (Status): for proceedings held before Judge Leonard Davis: Status Conference held on 2/23/2010. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 03/04/2010)

Feb. 23, 2010 PACER
34

Joint MOTION to Continue by Longview ISD. (Morris, Richard) (Entered: 06/01/2010)

June 1, 2010 PACER
35

DOCKET ORDER granting 34 Motion to Continue and setting Telephonic Status Conference to July 7, 2010 at 1:30 p.m.. By Judge Leonard Davis on 6/2/2010. (Entered: 06/02/2010)

June 2, 2010 PACER
36

STATUS REPORT by Longview ISD, USA. (Morris, Richard) (Entered: 07/07/2010)

July 7, 2010 PACER
37

7.7.10 Minute Entry (Telephonic Status Conf): for proceedings held before Judge Leonard Davis: Status Conference held on 7/7/2010. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 07/07/2010)

July 7, 2010 PACER
38

***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***Joint MOTION To Modify Desegregation Order by Longview ISD. (Morris, Richard) Modified on 12/15/2010 (mjc, ). (Entered: 12/13/2010)

Dec. 13, 2010 PACER
39

Joint MOTION to Modify Desegregation Order by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Morris, Richard) (Additional attachment(s) added on 12/21/2010: # 4 Text of Proposed Order Corrected) (mjc, ). (Entered: 12/17/2010)

1 Exhibit A

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2 Exhibit B

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3 Text of Proposed Order

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4 Text of Proposed Order Corrected

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Dec. 17, 2010 RECAP
40

STATUS REPORT Joint by Longview ISD. (Morris, Richard) (Entered: 01/12/2011)

Jan. 12, 2011 PACER
41

1.19.2011 Minute Entry - Status Conf: for proceedings held before Judge Leonard Davis: Status Conference held on 1/19/2011. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 01/19/2011)

Jan. 19, 2011 PACER
42

CONSENT ORDER granting 39 Motion to Approve Desegregation Plan. Signed by Judge Leonard Davis on 01/24/11. cc:attys 1-24-11 (mll, ) (Entered: 01/24/2011)

Jan. 24, 2011 RECAP
43

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morris, Richard) (Entered: 03/01/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 1, 2011 PACER
44

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morris, Richard) (Entered: 10/14/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Oct. 14, 2011 PACER
45

STATUS REPORT (Joint) by Longview ISD. (Morris, Richard) (Entered: 11/30/2011)

Nov. 30, 2011 PACER
46

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 12/5/2011. (Court Reporter Shea Sloan.) (rlf, ) (Entered: 12/09/2011)

Dec. 5, 2011 PACER
47

NOTICE of Attorney Appearance by Nicholas Jordan Wagoner on behalf of Longview ISD (Wagoner, Nicholas) (Entered: 06/15/2012)

June 15, 2012 PACER
48

***FILED IN ERROR. DISREGARD.*** Joint MOTION to Continue the telephonic status conference by Longview ISD. (Attachments: # 1 Text of Proposed Order)(Wagoner, Nicholas) Modified on 6/18/2012 (gsg). (Entered: 06/15/2012)

1 Text of Proposed Order

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June 15, 2012 PACER
49

ORDER granting 48 Joint MOTION to Continue the telephonic status conference filed by Longview ISD. Telephonic Status Conference is rescheduled to be held at 1:30 p.m. on 7-16-2012. Signed by Judge Leonard Davis on 06/18/12. cc:attys 6-18-12(mll, ) (Entered: 06/18/2012)

June 18, 2012 PACER
50

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 7/18/2012. (Court Reporter Shea Sloan.) (rlf) (Entered: 07/26/2012)

July 18, 2012 PACER
51

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morris, Richard) (Entered: 10/15/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Oct. 15, 2012 PACER
52

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 1/23/2013. (Court Reporter Shea Sloan) (rlf) (Entered: 01/25/2013)

Jan. 23, 2013 PACER
53

MOTION to Expedite Consideration of Motion to Modify Desegregation Order by Longview ISD. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 03/28/2013)

1 Text of Proposed Order

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March 28, 2013 PACER
54

NOTICE by Longview ISD re 53 MOTION to Expedite Consideration of Motion to Modify Desegregation Order (Wagoner, Nicholas) (Entered: 03/28/2013)

March 28, 2013 PACER
55

MOTION to Expedite Consideration of its Unopposed Motion to Modify Desegregation Order by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Morris, Richard) (Entered: 05/09/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Text of Proposed Order

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May 9, 2013 PACER
56

RESPONSE to Motion re 55 MOTION to Expedite Consideration of its Unopposed Motion to Modify Desegregation Order filed by USA. (Dann, Mark) (Entered: 05/10/2013)

May 10, 2013 PACER
57

ORDER granting 55 Motion to Expedite. Provided that the United States Department of Education provides funding for LISD's proposed magnet-school expansion plan, LISD shall be permitted to use the award proceeds to implement new magnet programs. Signed by Judge Leonard Davis on 05/14/13. (mll, ) (Entered: 05/14/2013)

May 14, 2013 PACER
58

STATUS REPORT by Longview ISD. (Morris, Richard) (Entered: 06/12/2013)

June 12, 2013 PACER
59

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 6/17/2013. (Court Reporter Shea Sloan.) (rlf) (Entered: 06/18/2013)

June 17, 2013 PACER
60

Submission of Proposed Agreed Docket Control/Scheduling order by Longview ISD, USA. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 07/10/2013)

1 Text of Proposed Order

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July 10, 2013 PACER
61

JOINT DISCOVERY AND BRIEFING SCHEDULE. Signed by Judge Leonard Davis on 07/12/13. (mll, ) (Entered: 07/12/2013)

July 12, 2013 PACER
62

Joint MOTION amend joint discovery and briefing schedule re 61 Order by Longview ISD, USA. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 09/25/2013)

1 Text of Proposed Order

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Sept. 25, 2013 PACER
63

AMENDED JOINT DISCOVERY AND BRIEFING SCHEDULE. Signed by Judge Leonard Davis on 09/26/13. (mll, ) (Entered: 09/26/2013)

Sept. 26, 2013 PACER
64

***FILED IN ERROR. DISREGARD.*** Consent MOTION to Stay Schedule Due to Federal Government Shutdown by USA. (Dann, Mark) Modified on 10/3/2013 (gsg). (Entered: 10/03/2013)

Oct. 3, 2013 PACER
65

Consent MOTION to Stay Schedule Due to Federal Government Shutdown by USA. (Attachments: # 1 Text of Proposed Order)(Dann, Mark) (Entered: 10/03/2013)

1 Text of Proposed Order

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Oct. 3, 2013 PACER
66

ORDER granting 65 Motion to Stay Portions of Discovery and Briefing Schedule. Signed by Judge Leonard Davis on 10/07/13. (mll, ) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
67

Joint MOTION to Amend/Correct Joint Discovery and Briefing Schedule re 63 Order by USA. (Attachments: # 1 Text of Proposed Order)(Dann, Mark) (Entered: 11/21/2013)

1 Text of Proposed Order

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Nov. 21, 2013 PACER
68

SECOND AMENDED JOINT DISCOVERY AND BRIEFING SCHEDULE. Signed by Judge Leonard Davis on 11/22/13. (mll, ) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
69

STATUS REPORT Annual by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morris, Richard) (Entered: 12/16/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Dec. 16, 2013 PACER
70

Joint MOTION Declaration of Partial Unitary Status by Longview ISD, USA. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 02/27/2014)

1 Text of Proposed Order

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Feb. 27, 2014 PACER
71

AGREED ORDER FOR DECLARATION OF PARTIAL UNITARY STATUS AND PARTIAL DISMISSAL granting 70 Motion for Declaration of Partial Unitary Status and Dismissal of Certain Desegregation Issues. ORDERED that LISD is declared partially unitary with respect to the abovereference factors and that these factors are no longer at issue in this case and all claims related to these factors are hereby DISMISSED. Signed by Judge Leonard Davis on 2/28/2014. (gsg) (Entered: 02/28/2014)

Feb. 28, 2014 RECAP
72

Unopposed MOTION to Amend/Correct 68 Order on Motion to Amend/Correct Discovery & Briefing Schedule by Longview ISD. (Attachments: # 1 Text of Proposed Order)(Wagoner, Nicholas) (Entered: 03/28/2014)

1 Text of Proposed Order

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March 28, 2014 PACER
73

THIRD AMENDED DISCOVERY AND BRIEFING SCHEDULE. Signed by Judge Leonard Davis on 03/31/14. (mll, ) (Entered: 03/31/2014)

March 31, 2014 PACER
74

Joint MOTION to Amend/Correct Discovery & Briefing Schedule by Longview ISD, USA. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 06/27/2014)

1 Text of Proposed Order

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June 27, 2014 PACER
75

FOURTH AMENDED JOINT DISCOVERY AND BRIEFING SCHEDULE. Signed by Judge Leonard Davis on 7/1/2014. (gsg) (Entered: 07/01/2014)

July 1, 2014 PACER
76

Unopposed MOTION amendment of discovery and briefing schedule by Longview ISD. (Attachments: # 1 Text of Proposed Order)(Morris, Richard) (Entered: 09/12/2014)

1 Text of Proposed Order

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Sept. 12, 2014 PACER
77

ORDER granting in part and denying in part 76 Motion to Amend Discovery and Briefing Schedule. The Court GRANTS the request to extend the deadlines, but DENIES the requested dates. If the parties cannot resolve this dispute on their own, the parties SHALL attend an in-person hearing on 12-17-2014 at 2:00 p.m. At the hearing, the parties should be prepared to agree to an expedited Docket Control Order setting this matter for final resolution. Signed by Judge Leonard Davis on 09/19/14. (mll, ) (Entered: 09/19/2014)

Sept. 19, 2014 PACER
78

STATUS REPORT by Longview ISD. (Morris, Richard) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
79

NOTICE of Advisory by Longview ISD (Morris, Richard) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
80

Joint MOTION to Approve Consent Judgment by Longview ISD. (Attachments: # 1 Supplement Final Consent Decree)(Morris, Richard) (Additional attachment(s) added on 12/22/2014: # 2 REVISED ORDER - consent (no judges signature lines)) (sm, ). (Entered: 12/22/2014)

1 Supplement Final Consent Decree

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2 *Restricted*

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Dec. 22, 2014 PACER
81

FINAL CONSENT DECREE. Signed by Judge Leonard Davis on 12/22/14. (mll, ) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
82

Minute Entry for proceedings held before Judge Leonard Davis: Status Conference held on 12/22/2014. (Court Reporter Shea Sloan.) (rlf) (Entered: 01/16/2015)

Dec. 22, 2014 RECAP
83

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit F)(Morris, Richard) (Entered: 10/14/2015)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit F

View on PACER

Oct. 14, 2015 PACER
90

Order

June 15, 2018 PACER
91

Judgment

June 19, 2018 PACER
84

STATUS REPORT by Longview ISD. (Attachments: # 1 Exhibit A, # 2 Exhibit B−1, # 3 Exhibit B−2, # 4 Exhibit B−3, # 5 Exhibit C−1, # 6 Exhibit C−2, # 7 Exhibit C−3, # 8 Exhibit C−4, # 9 Exhibit C−5)(Morris, Richard) (Entered: 10/17/2016)

Oct. 17, 2016

Case reassigned to Judge Robert W. Schroeder, III. Judge Leonard Davis no longer assigned to the case. (mll, ) (Entered: 10/20/2016)

Oct. 20, 2016
85

MOTION to Expedite Consideration of Motion to Modify Final Consent Decree by Longview ISD. (Attachments: # 1 Exhibit A−C, # 2 Text of Proposed Order)(Morris, Richard) (Entered: 05/09/2017)

May 9, 2017
86

RESPONSE to Motion re 85 MOTION to Expedite Consideration of Motion to Modify Final Consent Decree filed by USA . (Dann, Mark) (Entered: 05/15/2017)

May 15, 2017
87

ORDER granting 85 Motion to Modify Consent Decree. LISD shall be permitted to implement new magnet and/or charter programs as specified in the Motion at the following schools: East Texas Montessori Prep Academy, East Texas Montessori Academy, Ned E. Williams Elementary, Bramlette Elementary (to be renamed "Longview Elementary STEAM Academy'), Judson Middle School (to be renamed 'Longview Middle School STEAM Academy'). IT IS FURTHER ORDERED that LISD shall be permitted to expand upon the existing programs at the following schools: Forest Park Middle School and Longview High School. All provisions of the Final Consent Decree of this Court that do not conflict with this Order shall remain in full force and effect. Signed by Judge Robert W. Schroeder, III on 5/18/2017. (rlf) (Entered: 05/18/2017)

May 18, 2017
89

Joint MOTION for Declaratory Judgment of Unitary Status by Longview ISD. (Attachments: # 1 Proposed Order)(Morris, Richard) (Entered: 01/31/2018)

Jan. 31, 2018

State / Territory: Texas

Case Type(s):

School Desegregation

Key Dates

Filing Date: June 25, 2004

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff-intervenor is the United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

City of Longview (Longview), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - 2018

Content of Injunction:

Busing

Develop anti-discrimination policy

Discrimination Prohibition

Magnet school

Monitoring

Recordkeeping

Reporting

Student assignment

Training

Issues

General:

Buildings

Education

Racial segregation

School/University Facilities

Staff (number, training, qualifications, wages)

Transportation

Discrimination-area:

Zoning

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run