Case: Harding v. County of Dallas, Texas

3:15-cv-00131 | U.S. District Court for the Northern District of Texas

Filed Date: Jan. 15, 2015

Closed Date: Aug. 23, 2018

Clearinghouse coding complete

Case Summary

A group of four, non-Hispanic white voters (Anglo) in Dallas County, Texas brought suit against the county in 2015, alleging violations of Section 2 of the Voting Rights Act (52 USC Section 10301) and the Equal Protection Clause of the Fourteenth Amendment. Specifically, the Anglo voters claimed that the Commissioners Court diluted the Anglo vote by choosing to “pack” an Anglo super-majority into one of Dallas County’s four districts. For reference, of the four districts in Dallas County, one w…

A group of four, non-Hispanic white voters (Anglo) in Dallas County, Texas brought suit against the county in 2015, alleging violations of Section 2 of the Voting Rights Act (52 USC Section 10301) and the Equal Protection Clause of the Fourteenth Amendment.

Specifically, the Anglo voters claimed that the Commissioners Court diluted the Anglo vote by choosing to “pack” an Anglo super-majority into one of Dallas County’s four districts. For reference, of the four districts in Dallas County, one was 69.8% Anglo, a second 21.7% Anglo, a third 17.3% Anglo, and a fourth 18.2% Anglo. The Plaintiffs claimed that it was possible to create two compact districts that possessed 50% Anglo populations, and that by not doing so the Commissioners Court illegally diluted the Anglo vote and violated Section 2 of the Voting Rights Act. The Plaintiffs’ further argued that this constituted intentional discrimination under the Equal Protection Clause of the Fourteenth Amendment, as the Commissioners Court created a map that denied the Anglo “minority” (48% of county population) the chance to meaningfully participate in the choice of any district commissioners outside of the packed super-majority district.

The Court rejected both claims. In order to prove vote dilution as a violation of Section 2 of the Voting Rights Act, a plaintiff must establish all of the Gingles factors. To establish the Gingles factors, a plaintiff must show 1) the minority group is sufficiently large and geographically compact to constitute a majority in a single member district, 2) the minority group is politically cohesive, and 3) the majority votes sufficiently as a bloc to enable defeat of the minority’s preferred candidate. The ultimate question and purpose of this analysis is to establish whether a minority group has the potential to elect a representative of its own choice in a possible district that racially polarized voting prevents it from doing so. The court stated that even if it were to assume that plaintiffs met all three Gingles factors, they would still fail to prove the ultimate question of the question of vote dilution under Section 2 because they did not prove that the minority group of Anglos has the potential to elect a Republican, as plaintiffs argued. Plaintiffs failed to account for the undisputed fact that 23% of Anglos in Dallas County voted Democrat and that the potential redrawing of districts would sweep in Anglos that did not reliably vote Republican. As such, plaintiffs could not produce any evidence that the Commissioners Court could have created two performing Anglo Republican districts, and the court rejected the claim of vote dilution.

For the equal protection claim, in order to succeed, the plaintiffs’ needed to show that the purpose and operative effect of the map drawing was to dilute the voting strength of the Anglo minority in Dallas county—commonly known as intentional discrimination and actual discriminatory effect. To prove discriminatory effect, plaintiffs needed to establish that the map drawing impermissibly diluted the voting rights of the Anglo minority, which would generally require proof that the minority’s voting potential has been minimized or canceled out. Because the court found that there was no actual dilution of voter strength, the equal protection claim failed as well. It dismissed the action with prejudice.

Summary Authors

Ben Stievater (6/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4391422/parties/harding-v-county-of-dallas-texas/


Judge(s)
Attorney for Plaintiff

Alvarez, Elizabeth (Texas)

Cox, John T (Texas)

Attorney for Defendant

Baccus-Lobel, Shirley (Texas)

Brazil, K Scott (Texas)

Expert/Monitor/Master/Other

Daniel, Evelyn F (Texas)

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Documents in the Clearinghouse

Document
1

3:15-cv-00131

Original Complaint

Jan. 15, 2015

Jan. 15, 2015

Complaint
13

3:15-cv-00131

Motion to Dismiss

March 13, 2015

March 13, 2015

Pleading / Motion / Brief
15

3:15-cv-00131

MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS

March 13, 2015

March 13, 2015

Pleading / Motion / Brief
18

3:15-cv-00131

Order Denying Motion to Dismiss

April 3, 2015

April 3, 2015

Order/Opinion
20

3:15-cv-00131

MEMORANDUM IN SUPPORT OF DEFENDANTS’ FIRST AMENDED MOTION TO DISMISS

April 16, 2015

April 16, 2015

Pleading / Motion / Brief
19

3:15-cv-00131

DEFENDANTS’ FIRST AMENDED MOTION TO DISMISS

April 16, 2015

April 16, 2015

Pleading / Motion / Brief
27

3:15-cv-00131

Memorandum Opinion and Order

May 28, 2015

May 28, 2015

Order/Opinion

2015 WL 2015

31

3:15-cv-00131

Second Amended Complaint

July 10, 2015

July 10, 2015

Complaint
92

3:15-cv-00131

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Dec. 1, 2017

Dec. 1, 2017

Pleading / Motion / Brief
85

3:15-cv-00131

DEFENDANTS’ MOTION TO EXCLUDE OPINIONS OF DR. PETER MORRISON AND BRIEF IN SUPPORT OF THEIR MOTION

Dec. 1, 2017

Dec. 1, 2017

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4391422/harding-v-county-of-dallas-texas/

Last updated March 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer. (Filing fee $400; Receipt number 0539-6538284) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Morenoff, Daniel) (Entered: 01/15/2015)

1 Cover Sheet

View on PACER

Jan. 15, 2015

Jan. 15, 2015

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer. (Morenoff, Daniel) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
3

New Case Notes: A filing fee has been paid. File to Judge Fitzwater. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (jrr) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
4

Summons Issued as to All Defendants. (jrr) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

RECAP
5

SUMMONS Returned Executed as to John Wiley Price; served on 1/21/2015. (bdb) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
6

SUMMONS Returned Executed as to Clay Lewis Jenkins; served on 1/21/2015. (bdb) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
7

SUMMONS Returned Executed as to Elba Garcia; served on 1/21/2015. (bdb) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
8

SUMMONS Returned Executed as to Theresa Daniel; served on 1/21/2015. (bdb) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
9

SUMMONS Returned Executed as to County of Dallas, Texas; served on 1/21/2015. (bdb) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
10

SUMMONS Returned Executed as to Mike Cantrell; served on 1/26/2015. (bdb) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
11

Unopposed Motion for Extension of Time to File Answer Or Other Responsive Pleading filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Harlan, Peter) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
12

ORDER granting 11 Unopposed Motion for Extension of Time to File Answer Or Other Responsive Pleading filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 2/2/2015) (Judge Sidney A Fitzwater) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
13

Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Dunn, Chad) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

Clearinghouse
14

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
15

Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 1 Complaint, (Dunn, Chad) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

Clearinghouse
16

Order for Scheduling Order Proposal: Scheduling Proposal due by 4/22/2015. (Ordered by Judge Sidney A Fitzwater on 3/23/2015) (chmb) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
17

AMENDED COMPLAINT against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Morenoff, Daniel) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
18

ORDER denying without prejudice 13 Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 4/3/2015) (Judge Sidney A Fitzwater) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

Clearinghouse
19

First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

Clearinghouse
20

Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Dunn, Chad) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

Clearinghouse
21

Proposal for contents of scheduling and discovery order by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
22

SCHEDULING ORDER: Amended Pleadings due by 12/15/2015. Discovery due by 3/25/2016. Joinder of Parties due by 8/3/2015. Dispositive Motions due by 4/24/2016. Status Report due by 3/25/2016. The court will set the case for trial by separate order. (Ordered by Judge Sidney A Fitzwater on 4/28/2015) (chmb) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
23

NOTICE of Attorney Appearance by Gerald Hebert on behalf of Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins. (Filer confirms contact info in ECF is current.) (Hebert, Gerald) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
24

NOTICE of Attorney Appearance by Gerald Hebert on behalf of Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Filer confirms contact info in ECF is current.) (Hebert, Gerald) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
25

RESPONSE filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer re: 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Morenoff, Daniel) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER
26

REPLY filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Dunn, Chad) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
27

MEMORANDUM OPINION AND ORDER denying 19 First MOTION Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 5/28/2015) (Judge Sidney A Fitzwater) (Entered: 05/28/2015)

May 28, 2015

May 28, 2015

Clearinghouse
28

ANSWER to 17 Amended Complaint,, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dunn, Chad) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

RECAP
29

Unopposed MOTION for Leave to File Second Amended Complaint Including Additional Named PlaintiffHolly Knight Morse filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer (Attachments: # 1 Proposed Amendment). Party Holly Knight Morse added. (Morenoff, Daniel) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
30

ORDER granting 29 Unopposed Motion to Add Additional Named Plaintiff. IT IS THEREFORE ORDERED that the Motion is GRANTED and that the Plaintiffs are authorized to file a Second Amended Complaint substantially similar to that attached to the Motion as Exhibit "A", so adding Holly Knight Morse as a named plaintiff in this litigation. (Ordered by Judge Sidney A Fitzwater on 7/10/2015) (ctf) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
31

AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer, Holly Knight Morse. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Morenoff, Daniel) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

Clearinghouse
32

ANSWER to 31 Amended Complaint,, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dunn, Chad) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

RECAP
33

NOTICE of Counsel Agreement Regarding Inadvertent Production of Documents filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Dunn, Chad) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
34

Agreed MOTION to Amend/Correct 22 Scheduling Order, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order Proposed Order re Motion to Amend Scheduling Order) (Dunn, Chad) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
35

ORDER ON AGREED MOTION TO AMEND SCHEDULING ORDER granting 34 Agreed MOTION to Amend/Correct 22 Scheduling Order. Amended Pleadings due by 6/24/2016. Discovery due by 9/15/2016. Joinder of Parties due by 8/3/2015. Motions due by 10/14/2016. Status Report due by 9/15/2016. Trial to be set by the court by separate order. (Ordered by Judge Sidney A Fitzwater on 10/6/2015) (ran) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

RECAP
36

***STRICKEN PER 37 ORDER*** MOTION for Leave to File Victim Impact Statements filed by Evelyn F Daniel. (axm) Modified on 12/17/2015 (mem). (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
37

ORDER striking 36 MOTION to give victim statement from defendant. (Ordered by Judge Sidney A Fitzwater on 12/17/2015) (Judge Sidney A Fitzwater) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER

Order Receipt

Dec. 17, 2015

Dec. 17, 2015

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Thu Dec 17 10:10:06 CST 2015 (crt)

Dec. 17, 2015

Dec. 17, 2015

PACER
38

Unopposed MOTION to Dismiss Plaintiff Morgan McComb filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Rios, Rolando) (Entered: 03/30/2016)

March 30, 2016

March 30, 2016

PACER
39

ORDER GRANTING UNOPPOSED 38 MOTION TO WITHDRAW PLAINTIFF MORGAN MCCOMB. (Ordered by Judge Sidney A Fitzwater on 4/5/2016) (sss) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER

Order Receipt

April 5, 2016

April 5, 2016

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Tue Apr 5 11:59:16 CDT 2016 (crt)

April 5, 2016

April 5, 2016

PACER
40

Agreed MOTION to Amend/Correct 35 Order on Agreed Motion to Amend Scheduling Order, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Anne Harding, Ray Huebner, Gregory R Jacobs, Clay Lewis Jenkins, Holly Knight Morse, John Wiley Price, Johannes Peter Schroer (Attachments: # 1 Proposed Order) (Dunn, Chad) Modified text on 4/13/2016 (mem). (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
41

ORDER re: 40 Agreed Motion to Amend Scheduling Order. Joinder of Parties due by 8/3/2015. Amended Pleadings due by 12/27/2106. Discovery due by 3/14/2017. Status Report due by 3/14/2017. Motions due by 4/7/2017. (Ordered by Judge Sidney A Fitzwater on 4/15/2016) (axm) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
42

MOTION to Compel filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
43

Brief in Support by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer as to 42 MOTION to Compel Brief in Support of Motion to Compel. (Attachments: # 1 Appendix) (Morenoff, Daniel) Modified on 5/13/2016 to enhance title of document (dss). (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
44

MOTION for Extension of Time to File Response/Reply to 42 MOTION to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
45

ORDER granting 44 MOTION for Extension of Time to File Response to 42 MOTION to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price Response due by 6/10/2016 (Ordered by Judge Sidney A Fitzwater on 5/26/2016) (Judge Sidney A Fitzwater) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
46

Unopposed MOTION for Leave to File Extend Page Limits on Defendants' Response to Plaintiffs' Motion to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
47

RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 42 MOTION to Compel (Dunn, Chad) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
48

Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 42 MOTION to Compel, 43 Supplemental Document, (Attachments: # 1 Exhibit(s) Appendix) (Dunn, Chad) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
49

ELECTRONIC ORDER granting 46 Unopposed MOTION for Leave to File Extend Page Limits on Defendants' Response to Plaintiffs' Motion to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sidney A Fitzwater on 6/10/2016) (Judge Sidney A Fitzwater) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
50

MOTION for Leave to File Reply Brief with Extended Page Limit filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Attachments: # 1 Proposed Order) (Morenoff, Daniel) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
51

REPLY filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 42 MOTION to Compel (Morenoff, Daniel) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
52

ELECTRONIC ORDER granting 50 MOTION for Leave to File Reply Brief with Extended Page Limit filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sidney A Fitzwater on 6/27/2016) (Judge Sidney A Fitzwater) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
53

MOTION for Leave to File Sur Reply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order, # 2 Proposed Sur Reply) (Dunn, Chad) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
54

ORDER granting 53 MOTION for Leave to File Surreply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Unless the document has already been filed, clerk to enter the document as of the date of this order.). Plaintiffs granted leave to file final reply. Final Reply due by 7/25/2016. (Ordered by Judge Sidney A Fitzwater on 7/11/2016) (Judge Sidney A Fitzwater) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
55

Sur-reply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 42 MOTION to Compel . (bdb) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
56

Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 42 MOTION to Compel (Attachments: # 1 Exhibit(s) Exhibit A) (Dunn, Chad) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
57

TRIAL SETTING ORDER: This case is set for trial on 10/30/2017 for a two-week docket before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 10/18/2016) (ash) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
58

Agreed MOTION to Vacate 41 Order on Motion to Amend/Correct, Certain Deadlines in the Scheduling Order filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
59

ORDER VACATING CERTAIN DEADLINES IN THE SCHEDULING ORDER: All existing deadlines set out in this court's 41 Order on Agreed Motion to Amend Scheduling Order, are hereby vacated. (Ordered by Judge Sidney A Fitzwater on 10/27/2016) (epm) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
60

MEMORANDUM OPINION AND ORDER granting in part and denying in part 42 Motion to Compel filed by Holly Knight Morse, Anne Harding, Ray Huebner, Gregory R Jacobs, Johannes Peter Schroer. (Ordered by Judge Sidney A Fitzwater on 12/23/2016) (Judge Sidney A Fitzwater) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

RECAP
61

Agreed MOTION to Extend Time Court Deadline filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
62

ORDER granting 61 Motion to Extend Time. The deadline set in the Court's order of 12/23/2016 (ECF 60 ) is hereby extended to 1/25/2017. (Ordered by Judge Sidney A Fitzwater on 1/18/2017) (axm) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
63

RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 60 Memorandum Opinion and Order, (Attachments: # 1 Exhibit(s) Exhibit 2) (Dunn, Chad) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
65

Joint Submission of the Parties Regarding Discovery and Further Scheduling by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) Modified text on 3/6/2017 (rekc). (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
66

ORDER re 64 In Camera Inspection. Disclosure and Response due by 3/27/2017. (Ordered by Judge Sidney A Fitzwater on 3/13/2017) (Judge Sidney A Fitzwater) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
67

PROOF OF SERVICE OF SUBPOENA by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Holly Knight Morse, Johannes Peter Schroer. (aaa) (Entered: 05/02/2017)

May 1, 2017

May 1, 2017

PACER
68

Unopposed MOTION to Withdraw Ray Huebner with Prejudice filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
69

ORDER granting 68 Unopposed Motion to Withdraw Ray Huebner with prejudice. Ray Huebner is dismissed as a plaintiff. (Ordered by Judge Sidney A Fitzwater on 5/10/2017) (axm) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
70

Joint MOTION to Continue Trial Date and for New Scheduling Order filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order Proposed Order) (Dunn, Chad) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
71

ORDER ON 70 JOINT MOTION TO CONTINUE TRIAL DATE AND FOR NEW SCHEDULING ORDER: Amended Pleadings due by 9/22/2017. Discovery due by 10/13/2017. Joinder of Parties due by 9/22/2017. Motions due by 10/27/2017. Status Report due by 10/13/2017. Trial set for Court's two-week docket beginning 3/5/2018 before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 5/25/2017) (sss) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
72

ORDER: The trial of this case is reset to the two-week docket of 4/16/18. (Ordered by Judge Sidney A Fitzwater on 6/16/2017) (ash) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
73

Joint MOTION to Extend Time filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
74

ORDER GRANTING EXTENDED DEADLINES: Designation of expert witnesses and action in compliance with Rule 26(a)(2) due by 11/13/2017. Discovery and joint status report due 11/13/2017. All motions, including dispositive motions, due by 12/1/2017. Any supplement to expert reports and opinions to reflect American Community Survey data due 1/12/2018. (Ordered by Judge Sidney A Fitzwater on 9/13/2017) (ash) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
75

MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Proposed Order) (Dunn, Chad) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
76

ORDER setting briefing deadlines re 75 MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Response due by 11/13/2017. Reply due by 11/16/2017. (Ordered by Judge Sidney A Fitzwater on 11/3/2017) (Judge Sidney A Fitzwater) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
77

NOTICE of Attorney Appearance by Elizabeth Alvarez on behalf of Anne Harding. (Filer confirms contact info in ECF is current.) (Alvarez, Elizabeth) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
78

Joint STATUS REPORT filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
79

OBJECTION filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 75 MOTION for Protective Order (Morenoff, Daniel) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
80

MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
81

Brief/Memorandum in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 79 Response/Objection, 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Attachments: # 1 Appendix) (Morenoff, Daniel) (Entered: 11/13/2017)

1 Appendix

View on PACER

Nov. 13, 2017

Nov. 13, 2017

PACER
82

REPLY filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Attachments: # 1 Appendix) (Dunn, Chad) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

RECAP
83

ORDER denying 75 MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 11/17/2017) (Judge Sidney A Fitzwater) (Main Document 83 replaced on 11/17/2017) (Fitzwater, Sidney). (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
84

REPLY filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Holly Knight Morse, Johannes Peter Schroer re: 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Alvarez, Elizabeth) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
85

MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

Clearinghouse
86

MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

Clearinghouse
87

*** Disregard- Document refiled as docket entry 91 *** Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 86 MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support, 85 MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support (Dunn, Chad) Modified on 12/4/2017 (ams). (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
88

MOTION for Summary Judgment filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

Clearinghouse
89

Brief/Memorandum in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 88 MOTION for Summary Judgment (Morenoff, Daniel) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
90

Appendix in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 89 Brief/Memorandum in Support of Motion (Morenoff, Daniel) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
91

Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 86 MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support, 85 MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
92

MOTION for Summary Judgment filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

Clearinghouse
93

Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 92 MOTION for Summary Judgment (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
94

Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 92 MOTION for Summary Judgment, 93 Brief/Memorandum in Support of Motion (Dunn, Chad) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
95

RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 88 MOTION for Summary Judgment (Dunn, Chad) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
96

Supplemental Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 95 Response/Objection to Plaintiff's Motion for Partial Summary Judgment. (Dunn, Chad) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
97

RESPONSE filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 92 MOTION for Summary Judgment (Morenoff, Daniel) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 15, 2015

Closing Date: Aug. 23, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

4 Anglo (white, non-Hispanic) residents of Dallas county

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Dallas (Dallas), County

Clay Lewis Jenkins, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: N/A

Issues

Voting:

Voting: General & Misc.

Redistricting/district composition

Vote dilution

Discrimination-basis:

Race discrimination

Race:

White

National Origin/Ethnicity:

Other