Case: Fabela v. City of Farmers Branch, Texas

Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov. (ykp)

COMPLAINT against City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott filed by Maria Reyes, Leticia Torres, Antonio Reyes, Amelia Baladez, Maria Jacobo, Maria Fabela, Jose Villaneda, Maria Baladez, Diana Rosas, Alfonso Baladez. (Filing fee $350; Receipt number DS042118) (ykp) (Entered: 07/22/2010)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (ykp) (Entered: 07/22/2010)

Summons Issued as to City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (ykp) (Entered: 07/22/2010)

Proof of Service for Subpoenas served on Harold Froelich, Michelle Holmes, David Koch, Ben Robinson, and Tim Scott on 7/20/2010. (axm) (Entered: 07/26/2010)

SUMMONS Returned Executed as to City of Farmers Branch Texas; served on 7/21/2010; Tim O'Hare; served on 7/21/2010. (mfw) (Entered: 07/29/2010)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Heath, C) (Entered: 08/10/2010)

MOTION to Dismiss filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Heath, C) (Entered: 08/10/2010)

Brief/Memorandum in Support filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re 7 MOTION to Dismiss (Heath, C) (Entered: 08/10/2010)

Appendix in Support filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re 7 Motion to Dismiss. (Heath, C) Modified on 8/11/2010 (mfw). (Entered: 08/10/2010)

Order for Scheduling Order Proposal: Proposed Scheduling Order due by 9/10/2010. (Ordered by Chief Judge Sidney A Fitzwater on 8/11/2010) (jrb) (Entered: 08/12/2010)

Joint MOTION to Extend Time to Submit Scheduling Proposal filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, City of Farmers Branch Texas, Maria Fabela, Harold Froelich, Michelle Holmes, Maria Jacobo, David Koch, Tim O'Hare, Antonio Reyes, Maria Reyes, Ben Robinson, Diana Rosas, Tim Scott, Leticia Torres, Jose Villaneda (Heath, C) (Entered: 08/30/2010)

ELECTRONIC ORDER granting 11 Joint MOTION to Extend Time to Submit Scheduling Proposal. The Scheduling Proposal Due Date is extended through September 17, 2010. (Ordered by Chief Judge Sidney A Fitzwater on 8/30/2010) (Chief Judge Sidney A Fitzwater) (Entered: 08/30/2010)

Unopposed MOTION to Extend Time File response to Defendants Motion to Dismiss filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda (Veeser, Michael) Modified on 9/1/2010 (axm). (Entered: 08/31/2010)

RESPONSE filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda re: 7 MOTION to Dismiss (Veeser, Michael) Modified on 9/1/2010 (twd). (Entered: 08/31/2010)

ELECTRONIC ORDER granting 13 Unopposed MOTION to Extend Time File response to Defendants Motion to Dismiss. To the extent that plaintiffs' motion has not been mooted by the filing of a response on August 31, 2010 14, their motion is granted, and their response is now due no later than September 7, 2010. (Ordered by Chief Judge Sidney A Fitzwater on 9/1/2010) (Chief Judge Sidney A Fitzwater) (Entered: 09/01/2010)

REPLY filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re: 7 MOTION to Dismiss (Heath, C) (Entered: 09/14/2010)

Proposal for contents of scheduling and discovery order by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Veeser, Michael) (Entered: 09/17/2010)

SCHEDULING ORDER: Amended Pleadings due by 3/15/2011. Discovery due by 12/1/2011. Joinder of Parties due by 3/15/2011. Motions due by 1/19/2012. Status Report due by 12/1/2011. (Ordered by Chief Judge Sidney A Fitzwater on 9/22/2010) (chmb) (Entered: 09/22/2010)

ORDER: The clerk of court has advised the court that counsel for defendants may not have complied with the local counsel requirement of N.D. Tex. Civ. R. 83.10(a). (See Order) (Ordered by Chief Judge Sidney A Fitzwater on 10/21/2010) (chmb) (Entered: 10/21/2010)

NOTICE OF LOCAL COUNSEL re: 19 Order filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Heath, C) (Entered: 10/22/2010)

MEMORANDUM OPINION AND ORDER denying 7 Motion to Dismiss filed by Tim Scott, Ben Robinson, Tim O'Hare, Harold Froelich, City of Farmers Branch Texas, David Koch, Michelle Holmes. (Ordered by Chief Judge Sidney A Fitzwater on 11/15/2010) (Chief Judge Sidney A Fitzwater) (Entered: 11/15/2010)

ANSWER to 1 Complaint filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Heath, C) (Entered: 11/18/2010)

TRIAL SETTING ORDER: Trial set for two-week docket beginning June 18, 2012 before Chief Judge Sidney A. Fitzwater. (See Order) (Ordered by Chief Judge Sidney A Fitzwater on 7/20/2011) (chmb) (Entered: 07/20/2011)

Unopposed MOTION to Extend Time for rebuttal expert witnesses to comply with Rule 26(a)(2) filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Heath, C) (Entered: 08/10/2011)

ELECTRONIC ORDER granting 24 Unopposed MOTION to Extend Time for rebuttal expert witnesses to comply with Rule 26(a)(2) filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. The deadline for designation of rebuttal expert witnesses and for those witnesses to comply with Rule 26(a)(2) is extended from August 25, 2011 to September 6, 2011. (Ordered by Chief Judge Sidney A Fitzwater on 8/10/2011) (Chief Judge Sidney A Fitzwater) (Entered: 08/10/2011)

NOTICE of Attorney Appearance by Greggory A Teeter and C. Dunham Biles on behalf of All Plaintiffs. (Teeter, Greggory) Modified on 11/14/2011 (svc). (Entered: 11/14/2011)

Joint MOTION to Extend Time deadlines filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, City of Farmers Branch Texas, Maria Fabela, Harold Froelich, Michelle Holmes, Maria Jacobo, David Koch, Tim O'Hare, Antonio Reyes, Maria Reyes, Ben Robinson, Diana Rosas, Tim Scott, Leticia Torres, Jose Villaneda (Heath, C) (Entered: 11/21/2011)

ORDER EXTENDING DEADLINES: Discovery due by 1/31/2012. Motions due by 2/29/2012. Joint Status Report due by 1/31/2012. (Ordered by Chief Judge Sidney A Fitzwater on 11/22/2011) (skt) (Entered: 11/23/2011)

Joint STATUS REPORT filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, City of Farmers Branch Texas, Maria Fabela, Harold Froelich, Michelle Holmes, Maria Jacobo, David Koch, Tim O'Hare, Antonio Reyes, Maria Reyes, Ben Robinson, Diana Rosas, Tim Scott, Leticia Torres, Jose Villaneda. (Heath, C) (Entered: 02/16/2012)

ORDER SETTING TRIAL AND PRETRIAL CONFERENCE. The nonjury trial of this case will commence on Monday, June 25, 2012 at 9:00 a.m. The court will conduct a telephonic pretrial conference on Friday, June 22, 2012 at 2:00 p.m. (Ordered by Chief Judge Sidney A Fitzwater on 5/31/2012) (Chief Judge Sidney A Fitzwater) (Entered: 05/31/2012)

Hearing Modification: Hearings set per 30 Order. Nonjury Trial set for 6/25/2012 at 09:00 AM before Chief Judge Sidney A Fitzwater. Telephonic Pretrial Conference set for 6/22/2012 at 02:00 PM before Chief Judge Sidney A Fitzwater. (cea)

Proposed Findings of Fact by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Heath, C) (Entered: 06/14/2012)

Witness List by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Heath, C) (Entered: 06/21/2012)

Exhibit List by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Heath, C) (Entered: 06/21/2012)

NOTICE of Attorney Appearance by Nathan Douglas Pearman on behalf of All Plaintiffs. (Pearman, Nathan) (Entered: 06/21/2012)

First Amended Exhibit List by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Teeter, Greggory) Modified text on 6/22/2012 (skt). (Entered: 06/21/2012)

First Amended Witness List by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Teeter, Greggory) Modified text on 6/22/2012 (skt). (Entered: 06/21/2012)

MOTION TO EXCLUDE DEPOSITIONS filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Heath, C) (Entered: 06/21/2012)

ELECTRONIC Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Telephonic Pretrial Conference held on 6/22/2012. The court conducted a telephonic pretrial conference with counsel. The nonjury trial will commence on Monday, June 25, 2012 at 9:00 a.m. The court imposed time limits of seven hours per side to present testimony. Additional time will be allowed for opening statements and closing arguments. After discussing general trial-related matters, the court considered and took under advisement defendants motion to exclude depositions or deposition excerpts and objections to exhibits under Fed. R. Civ. P. 32. Attorney Appearances: Plaintiff - Greggory A. Teeter and Nathan D. Pearman; Defense - C. Robert Heath. (Court Reporter: Not Recorded) (No exhibits) Time in Court - :46. (chmb)

PRETRIAL ORDER (Ordered by Chief Judge Sidney A Fitzwater on 6/22/2012) (chmb) (Entered: 06/22/2012)

Supplemental Document by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Teeter, Greggory) (Entered: 06/22/2012)

PROOF OF SERVICE of Subpoena Served on Tim O'Hare. (cea) (Entered: 06/22/2012)

PROOF OF SERVICE of Subpoena Served on Ben Robinson. (cea) (Entered: 06/22/2012)

PROOF OF SERVICE of Subpoena, Served on David Koch. (cea) (Entered: 06/22/2012)

Designation of Deposition by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Leticia Torres, Jose Villaneda. (Pearman, Nathan) (Entered: 06/22/2012)

Second Amended Witness List by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Pearman, Nathan) Modified on 6/25/2012 (skt). (Entered: 06/22/2012)

Designation of Deposition by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Pearman, Nathan) (Entered: 06/24/2012)

Designation of Deposition by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Pearman, Nathan) (Entered: 06/24/2012)

Designation of Deposition by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Pearman, Nathan) (Entered: 06/24/2012)

Second Amended Exhibit List by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda. (Pearman, Nathan) Modified on 6/25/2012 (skt). (Entered: 06/24/2012)

PROOF OF SERVICE of Subpoena as to Bob Phelps, Served on 6/22/2012. (cea) (Entered: 06/25/2012)

PROOF OF SERVICE of Subpoena as to Tim Scott, Served on 6/22/2012. (cea) (Entered: 06/25/2012)

ELECTRONIC Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: 1st day of Bench Trial begun on 6/25/2012. Opening statements. Testimony begins. Adjourned until Tuesday, June 26, 2012 at 9:00am. Attorney Appearances: Plaintiff - Greggory A. Teeter and Nathan D. Pearman; Defense - C. Robert Heath. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:38. (chmb)

ELECTRONIC Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Bench Trial held on 6/27/2012. Testimony continued. Adjourned until Wednesday, June 27, 2012 at 9:00am. Attorney Appearances: Plaintiff - Greggory A. Teeter and Nathan D. Pearman; Defense - C. Robert Heath. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:29. (chmb)

ELECTRONIC Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Bench Trial completed on 6/27/2012. Testimony completed. Closing arguments heard. Taken under advisement. Written order to follow. Attorney Appearances: Plaintiff - Greggory A. Teeter and Nathan D. Pearman; Defense - C. Robert Heath. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 3:54. (chmb)

MEMORANDUM OPINION AND ORDER. Following a bench trial, the court finds that the at-large system of electing members of the City Council of the City of Farmers Branch, Texas violates ยง 2 of the Voting Rights Act of 1965, 42 U.S.C. ยง 1973. Defendants are therefore ordered to submit, within 60 days of the date of this memorandum opinion and order, a plan to remedy the violation. (Ordered by Chief Judge Sidney A Fitzwater on 8/2/2012) (Chief Judge Sidney A Fitzwater) (Entered: 08/02/2012)

ELECTRONIC ORDER terminating 37 MOTION TO EXCLUDE DEPOSITIONS filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. Motion addressed at trial and ruling made. (Ordered by Chief Judge Sidney A Fitzwater on 8/2/2012) (Chief Judge Sidney A Fitzwater) (Entered: 08/02/2012)

NOTICE of Attorney Appearance by Greggory A Teeter on behalf of Alfonso Baladez, Amelia Baladez, Maria Baladez. (Teeter, Greggory) (Entered: 08/03/2012)

Unopposed MOTION for Extension of Time to File Proposed Remedy filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Heath, C) (Entered: 09/10/2012)

ORDER granting 54 Unopposed MOTION for Extension of Time to File Proposed Remedy filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Ordered by Chief Judge Sidney A Fitzwater on 9/10/2012) (Chief Judge Sidney A Fitzwater) (Entered: 09/10/2012)

Deadline Modification: per 55 Order on Motion for Extension of Time to File. Proposed Remedy due by 10/5/2012. (mcrd)

Presentation of Proposed Remedy filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Heath, C) Modified on 10/9/2012 (skt). (Entered: 10/05/2012)

ORDER requiring defendants to seek preclearance under ยง 5 of the Voting Rights Act, 42 U.S.C. ยง 1973c, of 56 proposed remedy or show cause in writing why they should not be required to seek and obtain preclearance. (Ordered by Chief Judge Sidney A Fitzwater on 11/27/2012) (Chief Judge Sidney A Fitzwater) (Entered: 11/27/2012)

NOTICE of Submission to DOJ filed by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Attachments: # 1 Exhibit(s)) (Heath, C) (Entered: 12/19/2012)

ORDER RE PROPOSED JUDGMENT. Having considered Mr. Heath's January 9, 2013 letter to the court, the court concludes that it will assist the court and the parties in promptly entering a judgment before the February 19, 2013 deadline mentioned in his letter if the parties submit a proposed judgment for the court's consideration that has been agreed to as to form. After preclearance is received, the court will confirm with counsel that the judgment form is still correct as submitted. The court directs that the proposed judgment and any exhibits be submitted electronically (i.e., in the same manner as was Mr. Heath's letter). (Ordered by Chief Judge Sidney A Fitzwater on 1/11/2013) (Chief Judge Sidney A Fitzwater) (Entered: 01/11/2013)

JUDGMENT in favor of Alfonso Baladez, Amelia Baladez, Antonio Reyes, Diana Rosas, Jose Villaneda, Leticia Torres, Maria Baladez, Maria Fabela, Maria Jacobo, Maria Reyes against City of Farmers Branch Texas, Ben Robinson, David Koch, Harold Froelich, Michelle Holmes, Tim O'Hare, Tim Scott. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Chief Judge Sidney A Fitzwater on 1/31/2013) (Chief Judge Sidney A Fitzwater) (Entered: 01/31/2013)

Department of Justice Voting Rights Act Section 5 Preclearance Letter sent by T. Christian Herren. (aaa) Modified on 2/7/2013 (alm). (Entered: 02/06/2013)

MOTION for Attorney Fees, Costs, and Expenses filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda with Brief/Memorandum in Support. (Pearman, Nathan) (Entered: 02/14/2013)

Appendix in Support filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda re 62 MOTION for Attorney Fees, Costs, and Expenses including Biles and Finn Declarations (Attachments: # 1 Appendix Pages 1-20, # 2 Appendix Pages 21-40, # 3 Appendix Pages 41-60, # 4 Appendix Pages 61-80, # 5 Appendix Pages 81-100, # 6 Appendix Pages 101-120, # 7 Appendix Pages 121-140, # 8 Appendix Pages 141-160, # 9 Appendix Pages 161-180, # 10 Appendix Pages 181-200, # 11 Appendix Pages 201-220, # 12 Appendix Pages 221-240, # 13 Appendix Pages 241-260, # 14 Appendix Pages 261-280, # 15 Appendix Pages 281-300, # 16 Appendix Pages 301-320, # 17 Appendix Pages 321-330) (Pearman, Nathan) (Entered: 02/14/2013)

NOTICE OF APPEAL to the Fifth Circuit as to 60 Judgment,,, by City of Farmers Branch Texas, Harold Froelich, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott. Filing fee $455, receipt number 0539-5149004. 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. (Heath, C) (Entered: 02/28/2013)

Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on 6/25/2012 before Judge Sidney A. 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. (275 pages) Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (pjw) (Entered: 03/05/2013)

Notice of Filing of Official Electronic Transcript of Bench Trial Vol 2 Proceedings held on 6/26/2012 before Judge Sidney A. 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. (265 pages) Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (pjw) (Entered: 03/05/2013)

Notice of Filing of Official Electronic Transcript of Bench Trial Vol 3 Proceedings held on 6/27/2012 before Judge Sidney A. 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. (194 pages) Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (pjw) (Entered: 03/05/2013)

RESPONSE AND OBJECTION filed by City of Farmers Branch Texas, Harold Froelich, Jeff Fuller, Bill Glancy, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re: 62 MOTION for Attorney Fees, Costs, and Expenses (Heath, C) (Entered: 03/07/2013)

Appendix in Support filed by City of Farmers Branch Texas, Harold Froelich, Jeff Fuller, Bill Glancy, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re 68 Response/Objection, (Heath, C) (Entered: 03/07/2013)

USCA5 Case Number 13-10235 in USCA for 64 Notice of Appeal, filed by Tim Scott, Ben Robinson, Tim O'Hare, Harold Froelich, City of Farmers Branch Texas, David Koch, Michelle Holmes. (axm)

Transcript Order Form: re 64 Notice of Appeal, transcript requested by Tim O'Hare, Ben Robinson, Michelle Holmes, Jeff Fuller, City of Farmers Branch Texas, Tim Scott, David Koch, Bill Glancy, Harold Froelich for Bench Trial held on 06/25/2012 - 06/27/2012 before Judge Fitzwater. (Heath, C) (Entered: 03/13/2013)

Agreed MOTION for Extension of Time to File Response/Reply Plaintiffs' Reply in Support of Their Application for Attorneys' Fees,. Costs, and Expenses filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda (Attachments: # 1 Exhibit(s) A) (Biles, C) (Entered: 03/19/2013)

ELECTRONIC ORDER granting 71 Motion to Extend Time to File Reply. Plaintiffs shall have through March 28, 2013 to file their Reply in Support of their Application For Attorney's Fees, Costs, and Expenses. (Ordered by Chief Judge Sidney A Fitzwater on 3/20/2013) (Chief Judge Sidney A Fitzwater) (Entered: 03/20/2013)

Hearing/Deadline Modification: Deadlines/hearings set per Order No. 72. Replies due by 3/28/2013. (ctf)

REPLY filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda re: 62 MOTION for Attorney Fees, Costs, and Expenses (Biles, C) (Entered: 03/28/2013)

Appendix in Support filed by Alfonso Baladez, Amelia Baladez, Maria Baladez, Maria Fabela, Maria Jacobo, Antonio Reyes, Maria Reyes, Diana Rosas, Leticia Torres, Jose Villaneda re 62 MOTION for Attorney Fees, Costs, and Expenses (Biles, C) (Entered: 03/28/2013)

Record on Appeal for USCA5 13-10235 (related to 64 appeal): Record consisting of: 4 ECF electronic record, 3 Volume(s) electronic transcript, and original exhibits, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (exhibits will not be included on disk) (svc)

MOTION for Leave to File Sur-Reply on Attorneys' Fees Issue filed by City of Farmers Branch Texas, Harold Froelich, Jeff Fuller, Bill Glancy, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott (Attachments: # 1 Exhibit(s)) (Heath, C) (Entered: 04/09/2013)

Brief/Memorandum in Support filed by City of Farmers Branch Texas, Harold Froelich, Jeff Fuller, Bill Glancy, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re 75 MOTION for Leave to File Sur-Reply on Attorneys' Fees Issue (Heath, C) (Entered: 04/09/2013)

ORDER granting 75 MOTION for Leave to File Sur-Reply on Attorneys' Fees Issue filed by City of Farmers Branch Texas. (Ordered by Chief Judge Sidney A Fitzwater on 4/15/2013) (Chief Judge Sidney A Fitzwater) (Entered: 04/15/2013)

Sur-reply filed by City of Farmers Branch Texas, Harold Froelich, Jeff Fuller, Bill Glancy, Michelle Holmes, David Koch, Tim O'Hare, Ben Robinson, Tim Scott re: 62 MOTION for Attorney Fees, Costs, and Expenses (Heath, C) (Entered: 04/15/2013)

1st Supplemental Record on Appeal for USCA5 13-10235 (related to 64 appeal): Record consisting of: 1 ECF electronic record, certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (svc)

Record on Appeal and Supplemental Record on Appeal for USCA5 13-10235 (related to 64 appeal): transmitted to Lynn Tillotson Pinker Cox on disk only by hand delivery. (svc)

MEMORANDUM OPINION AND ORDER granting in part 62 plaintiffs' application for attorney's fees, costs, and expenses. The court awards plaintiffs the sum of $194,125.00 in attorney's fees and $75,000 in costs. (Ordered by Chief Judge Sidney A Fitzwater on 6/13/2013) (Chief Judge Sidney A Fitzwater) (Entered: 06/13/2013)

ORDER of USCA as to 64 Notice of Appeal: The appeal is dismissed with prejudice as of 7/30/2013, pursuant to appellants' motion. (axm) (Entered: 08/14/2013)

Notice Regarding Disposition of Trial/Hearing Exhibits Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (svc)

Destruction of Exhibits offered by Plaintiffs and Defendants. (EXH-ADM flag removed) (svc)