Benavidez v. Irving Independent School District

Benavidez v. Irving Independent School District

U. S. Court of Appeals for the Fifth Circuit

Benavidez v. Irving Independent School District

ORIGINAL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE VOTING RIGHTS ACT OF 1965 against Nancy Jones, Adrian T Jenkins, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes, Valerie D Jones filed by Manuel A Benavidez. (Filing fee $350; Receipt number 22323) (jrb) (Entered: 06/03/2008)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Manuel A Benavidez. (jrb) (Entered: 06/04/2008)

Summons Issued as to Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes. (jrb) (Entered: 06/04/2008)

Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 6/4/08) (jrb) (Entered: 06/04/2008)

SUMMONS Returned Executed as to Jerry D Christian; served on 6/2/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Nancy Jones; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Ronda Lee Huffstettler; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Valerie D Jones; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Irving Independent School District (Texas); served on 6/3/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Onita C Patrick; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

SUMMONS Returned Executed as to Adrian T Jenkins; served on 6/3/2008. (lmp) (Entered: 06/12/2008)

DEFENDANTS' ORIGINAL ANSWER to 1 Complaint, filed by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes (Heath, C) (Entered: 06/23/2008)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 06/23/2008)

Order for Scheduling Order Proposal... Proposed Scheduling Order due by 6/24/2008. (See order) (Signed by Judge Sidney A Fitzwater on 6/24/08) (svc) (Entered: 06/25/2008)

SUMMONS Returned Executed as to John Randal Stipes; served on 6/3/2008. (lmp) (Entered: 07/07/2008)

Proposal for contents of scheduling and discovery order by Manuel A Benavidez, Nancy Jones, Adrian T Jenkins, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstetler, John Randal Stipes, Valerie D Jones. (Veeser, Michael) Modified on 7/25/2008/Added filers (cxb). (Entered: 07/23/2008)

SCHEDULING ORDER: Joinder of Parties due by 11/1/2008. Amended Pleadings due by 11/1/2008. Discovery due by 4/1/2009. Status Report due by 4/1/2009. Motions due by 6/1/2009. The court will set the case for trial by separate order. (Signed by Judge Sidney A Fitzwater on 7/29/2008) (axm) (Entered: 07/29/2008)

TRIAL SETTING ORDER: This case is set for trial on the court's two-week docket beginning 10/19/2009 before Chief Judge Sidney A Fitzwater. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 12/11/2008) (axm) (Entered: 12/11/2008)

Agreed MOTION to Extend the Discovery Deadline filed by Manuel A Benavidez (Veeser, Michael) Modified on 3/5/2009 (jrb). (Entered: 03/04/2009)

ORDER granting 19 Agreed MOTION to Extend the Discovery Deadline. Discovery due by 4/30/2009. Status Report due by 4/30/2009. (Ordered by Chief Judge Sidney A Fitzwater on 03/04/09) (lmp) (Entered: 03/05/2009)

Agreed MOTION to Extend Time of discovery deadline filed by Manuel A Benavidez (Veeser, Michael) (Entered: 04/08/2009)

AGREED ORDER granting 21 parties' agreed Motion to Extend the Discovery Deadline. Discovery due by 5/18/2009. Status Report due by 5/18/2009. (Ordered by Chief Judge Sidney A Fitzwater on 4/8/09) (klm) Modified on 4/10/2009 (skt). (Entered: 04/09/2009)

Joint STATUS REPORT filed by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Manuel A Benavidez, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 05/18/2009)

Proposed Findings of Fact by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Exhibit List by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Witness List by Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Exhibit List of Defendants by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

Witness List by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

NOTICE of Attorney Appearance by Michael C Veeser on behalf of Manuel A Benavidez. (Veeser, Michael) (Entered: 10/05/2009)

Proposed Findings of Fact by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 10/05/2009)

ORDER: The trial of this case will commence on Monday, December 14, 2009 at 9:00 a.m. The case will be tried under time limits so that the presentation of evidence and closing arguments are completed by Wednesday, December 16, 2009. The court will conduct a pretrial conference during the week of December 7, 2009, after consulting with counsel concerning their availability. Specific time limits will be set during the pretrial conference. (Ordered by Chief Judge Sidney A Fitzwater on 10/6/09) (Chief Judge Sidney A Fitzwater) (Entered: 10/06/2009)

Proof of Service for Subpoena served on Andrew Goldsmith on 10/2/2009. (klm) (Entered: 10/07/2009)

Set Scheduling Order Deadlines per Order (doc 31): Docket Call set for 12/14/2009 09:00 AM before Chief Judge Sidney A Fitzwater. Pretrial Conference set for 12/7/2009 before Chief Judge Sidney A Fitzwater. (axm)

AFFIDAVIT of Service for Subpeona served on Andrew Goldsmith on 12/03/09. (dnc) (Entered: 12/08/2009)

TRIAL BRIEF by Nancy Jones, Adrian T Jenkins, Valerie D Jones, Irving Independent School District (Texas), Onita C Patrick, Jerry D Christian, Ronda Lee Huffstettler, John Randal Stipes. (Heath, C) (Entered: 12/09/2009)

TRIAL BRIEF by Manuel A Benavidez. (Veeser, Michael) (Entered: 12/09/2009)

Appendix in Support filed by Manuel A Benavidez re 35 Trial Brief (Attachments: # 1 Affidavit Declaration of Michael Veeser-APP 001-124, # 2 Affidavit Declaration of David Ely APP 125-150) (Veeser, Michael) (Entered: 12/09/2009)

PRETRIAL ORDER (See Order.) (Ordered by Chief Judge Sidney A Fitzwater on 12/10/2009) (twd) (Entered: 12/11/2009)

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Pretrial Conference held on 12/10/09. The court conducted a telephonic pretrial conference with counsel. There was no objection to entry of the pretrial order. The court advised counsel that it had allocated seven hours to the side for the presentation of evidence. Each side was allocated 30 minutes for opening statements. The time for closing arguments will be set later, but the parties were advised that they could expect 30-45 minutes per side for closing argument. Counsel advised that there were no objections to the exhibits and that no witnesses would be called to testify by deposition. The court covered other housekeeping and technical questions with counsel. The trial will begin on Monday, December 14, 2009 at 9:00 a.m. Attorney Appearances: Plaintiff - Michael Veeser and Wendy C. Wang; Defense - C. Robert Heath.(Not Recorded.) Time in Court: 19 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Bench Trial begun on 12/14/2009. Opening statements. Testimony begins. Adjourned until Tuesday, Dec 15, 2009 at 9:00am. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 5 hr 58 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: 3rd day of Bench Trial completed on 12/16/2009. Testimony continued. Defense rests. Closing arguments. Taken under advisement. Written order to follow. Exhibits place with the CRD. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 3 hours 51 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: 2nd day Bench Trial held on 12/15/2009. Testimony continued. Plaintiff's rest case. Adjourned until Wednesday, December 16, 2009 at 9:00am. Attorney Appearances: Plaintiff - Micheal Veeser with Wendy C. Wang; Defense - Robert Heath. (Court Reporter Pam Wilson.) Time in Court: 5 hours and 57 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple)

Memorandum Opinion: The court finds that Benavidez has failed to prove the first essential element of his § 2 claim. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 1/20/2010) (klm) (Entered: 01/20/2010)

JUDGMENT: It is ordered and adjudged that this action is dismissed with prejudice. (Ordered by Chief Judge Sidney A Fitzwater on 1/20/2010) (klm) (Entered: 01/20/2010)

Return of Exhibits. (mfw) (Entered: 02/04/2010)

MOTION for New Judgment and/or New Trial filed by Manuel A Benavidez with Brief/Memorandum in Support. (Veeser, Michael) (Entered: 02/17/2010)

Appendix in Support of 41 MOTION to Alter Judgment, MOTION for New Trial by Plaintiff Manuel A Benavidez. (Attachments: # 1 Appendix 001-031, # 2 Appendix 032-062, # 3 Appendix 063-094) (Veeser, Michael) (Entered: 02/17/2010)

ORDER denying 41 Motion to Alter Judgment; denying 41 Motion for New Trial. (Ordered by Chief Judge Sidney A Fitzwater on 2/19/2010) (Chief Judge Sidney A Fitzwater) (Entered: 02/19/2010)

NOTICE OF APPEAL to the Fifth Circuit as to 39 Judgment, 43 Order on Motion to Alter Judgment, Order on Motion for New Trial by Manuel A Benavidez. Filing fee $455, receipt number 39185. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (axm) (Entered: 03/22/2010)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 1 Trial Proceedings held on 12/14/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 2 Trial Proceedings held on 12/15/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Volume 3 Trial Proceedings held on 12/16/09 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (pjw) (Entered: 03/29/2010)

USCA Case Number 10-10267 in USCA5 for 44 Notice of Appeal, filed by Manuel A Benavidez. (tln) Modified on 5/14/2010 (svc).

Record on Appeal for USCA5 10-10267 (related to 44 appeal): Record consisting of: 4 ECF electronic record total, 2 of the Volumes electronic transcript, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (caw) Modified on 5/14/2010 (svc). (Entered: 04/30/2010)

ORDER of USCA as to 44 Notice of Appeal, filed by Manuel A Benavidez is dismissed. (svc) (Entered: 06/22/2010)

Correspondence by Dr. Elba Garcia. (ctf) (Entered: 12/07/2011)

Correspondence filed by Manuel A Benavidez. (axm) (Entered: 12/09/2011)