Case: Fabela v. City of Farmers Branch, Texas

3:10-cv-01425 | U.S. District Court for the Northern District of Texas

Filed Date: July 20, 2010

Closed Date: Jan. 31, 2013

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Case Summary

This case involved allegations that a Texas city’s system of electing city council members at large denied Hispanic voters the opportunity to participate meaningfully in the electoral process and to elect representatives of their choice, in violation of section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973. On July 20, 2010, ten Hispanic residents of Farmers Branch, Texas, filed suit against the City of Farmers Branch, and certain city officials in their official capacities, in the Unite…

On July 20, 2010, ten Hispanic residents of Farmers Branch, Texas, filed suit against the City of Farmers Branch, and certain city officials in their official capacities, in the United States District Court for the Northern District of Texas. The plaintiffs alleged that the city’s at-large electoral system had the effect of denying Hispanic voters of representation on the Farmers Branch City Council. Through private counsel, the plaintiffs sought a declaration that the at-large electoral system violated section 2 of the Voting Rights Act, an injunction ordering the city to implement a new electoral plan to remedy the violation, and an award of attorneys’ fees and costs. The city moved to dismiss, and the court denied the motion. 2010 WL 4610143. The case went to a bench trial and, on August 2, 2012, District Judge Sidney A. Fitzwater issued a decision in the plaintiffs’ favor. 2012 WL 3135545.

The district court concluded that the plaintiffs had shown at trial sufficient evidence to satisfy the standard for showing a violation of section 2 as articulated by the United States Supreme Court in Thornburg v. Gingles, 478 U.S. 30 (1986), and subsequent appeals court cases. First, the plaintiffs had shown that the Hispanic citizen voting age population in Farmers Branch—comprising 23.95% of the total citizen voting age population—constituted a “sufficiently large and geographically compact” group to comprise a majority in a single-member district. Second, the plaintiffs had shown that Hispanic voters are “politically cohesive,” given data showing overwhelming support by Hispanic voters for Hispanic candidates in recent city council elections. Third, the plaintiffs had shown that "the white majority votes sufficiently as a bloc to enable it—in the absence of special circumstances, such as the minority candidate running unopposed—usually to defeat the minority’s preferred candidate,” given data showing low support for Hispanic candidates by non-Hispanic voters. Further, the court concluded that the plaintiffs had established under the totality of the circumstances that Hispanic voters in Farmers Branch have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice—namely, by showing the existence of racially polarized voting (as noted above) and by the fact that no Hispanic has been elected as a member of city council or mayor of the city under the at-large electoral system. The court, therefore, held that the at-large system of electing members of the Farmers Branch City Council violated section 2 of the Voting Rights Act and ordered the city to submit a plan to remedy the violation.

In accordance with the court’s post-trial order, the City filed a proposed remedy that sought to create a single-member districting plan that would include a district with a majority-Hispanic citizen voting age population. Upon order of the court, the city submitted the proposed remedy for “pre-clearance” with the Attorney General of the United States, as then required by section 5 of the Voting Rights Act. After the Attorney General raised no objections to the plan, the court entered judgment for the plaintiffs on January 31, 2013, ordering the city to implement the proposed plan for elections in 2013 and following years.

The city filed a notice of appeal on February 28, 2013. With the appeal pending, the district court awarded the plaintiffs $194,125 in attorneys’ fees and $75,000 in costs. 2013 WL 2655071. The city ultimately moved to withdraw the appeal and the United States Court of Appeals for the Fifth Circuit dismissed the appeal with prejudice.

Summary Authors

Kevin Chen (10/12/2022)

Brandon Brown (4/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5073392/parties/fabela-v-city-of-farmers-branch-texas/

Judge(s)

Attorney for Plaintiff

Biles, C Dunham (Texas)

Brewer, William A (Texas)

Camp, Jeremy Daniel (Texas)

Esq., Charles Dunham (Texas)

Attorney for Defendant

Esq., Kent Davis (Texas)

Judge(s)

Fitzwater, Sidney Allen (Texas)

Attorney for Plaintiff

Biles, C Dunham (Texas)

Brewer, William A (Texas)

Camp, Jeremy Daniel (Texas)

Esq., Charles Dunham (Texas)

Pearman, Nathan Douglas (Texas)

Teeter, Greggory A (Texas)

Veeser, Michael C (Texas)

Attorney for Defendant

Esq., Kent Davis (Texas)

Esq., Jeremy Alan (Texas)

Heath, Claude Robert (Texas)

Heath, C Robert (Texas)

Long, John Clark (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:10-cv-01425	Complaint	July 20, 2010	July 20, 2010 Complaint
7 3:10-cv-01425	Motion To Dismiss	Aug. 10, 2010	Aug. 10, 2010 Pleading / Motion / Brief
21 3:10-cv-01425	Denial of Motion to Dismiss	Nov. 15, 2010	Nov. 15, 2010 Order/Opinion 2010 WL 4610143
22 3:10-cv-01425	Defendants' Answer to Plaintiffs' Original Complaint for Declaratory and Injunctive Relief	Nov. 18, 2010	Nov. 18, 2010 Pleading / Motion / Brief
51 3:10-cv-01425	Decision for Plaintiffs following Bench Trial	Aug. 2, 2012	Aug. 2, 2012 Order/Opinion 2012 WL 3135545
56 3:10-cv-01425	Presentation of Proposed Remedy by City of Farmers Branch	Oct. 5, 2012	Oct. 5, 2012 Other
60 3:10-cv-01425	Judgment	Jan. 31, 2013	Jan. 31, 2013 Order/Opinion
79 3:10-cv-01425	Award of Fees and Costs	June 13, 2013	June 13, 2013 Order/Opinion 2013 WL 2655071

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5073392/fabela-v-city-of-farmers-branch-texas/

Last updated July 3, 2026, 6:52 a.m.

ECF Number	Date	Description	Link
1	July 20, 2010	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)	Clearinghouse
2	July 20, 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)	RECAP
3	July 20, 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)	RECAP
	July 20, 2010	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)
4	July 23, 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)	RECAP
5	July 27, 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)	RECAP
6	Aug. 10, 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)	RECAP
7	Aug. 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)	Clearinghouse
8	Aug. 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)	RECAP
9	Aug. 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)	RECAP
10	Aug. 11, 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)	RECAP
11	Aug. 30, 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)	RECAP
12	Aug. 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)	RECAP
13	Aug. 31, 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)	RECAP
14	Aug. 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)	RECAP
15	Sept. 1, 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)	RECAP
16	Sept. 14, 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)	RECAP
17	Sept. 17, 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)	RECAP
18	Sept. 22, 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)	RECAP
19	Oct. 21, 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)	RECAP
20	Oct. 22, 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)	RECAP
21	Nov. 15, 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)	Clearinghouse
22	Nov. 18, 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)	Clearinghouse
23	July 20, 2011	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)	RECAP
24	Aug. 10, 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)	RECAP
25	Aug. 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)	RECAP
26	Nov. 14, 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)	RECAP
27	Nov. 21, 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)	RECAP
28	Nov. 22, 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)	RECAP
29	Feb. 16, 2012	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)	RECAP
30	May 31, 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)	RECAP
	May 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)
31	June 14, 2012	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)	RECAP
32	June 21, 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)	RECAP
33	June 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)	RECAP
34	June 21, 2012	NOTICE of Attorney Appearance by Nathan Douglas Pearman on behalf of All Plaintiffs. (Pearman, Nathan) (Entered: 06/21/2012)	RECAP
35	June 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)	RECAP
36	June 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)	RECAP
37	June 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)	RECAP
38	June 22, 2012	PRETRIAL ORDER (Ordered by Chief Judge Sidney A Fitzwater on 6/22/2012) (chmb) (Entered: 06/22/2012)	RECAP
39	June 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)	RECAP
40	June 22, 2012	PROOF OF SERVICE of Subpoena Served on Tim O'Hare. (cea) (Entered: 06/22/2012)	RECAP
41	June 22, 2012	PROOF OF SERVICE of Subpoena Served on Ben Robinson. (cea) (Entered: 06/22/2012)	RECAP
42	June 22, 2012	PROOF OF SERVICE of Subpoena, Served on David Koch. (cea) (Entered: 06/22/2012)	RECAP
43	June 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)	RECAP
44	June 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)	RECAP
	June 22, 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)
45	June 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)	RECAP
46	June 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)	RECAP
47	June 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)	RECAP
48	June 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)	RECAP
49	June 25, 2012	PROOF OF SERVICE of Subpoena as to Bob Phelps, Served on 6/22/2012. (cea) (Entered: 06/25/2012)	RECAP
50	June 25, 2012	PROOF OF SERVICE of Subpoena as to Tim Scott, Served on 6/22/2012. (cea) (Entered: 06/25/2012)	RECAP
	June 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)
	June 26, 2012	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)
	June 27, 2012	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)
51	Aug. 2, 2012	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)	Clearinghouse
52	Aug. 2, 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)	RECAP
53	Aug. 3, 2012	NOTICE of Attorney Appearance by Greggory A Teeter on behalf of Alfonso Baladez, Amelia Baladez, Maria Baladez. (Teeter, Greggory) (Entered: 08/03/2012)	RECAP
54	Sept. 10, 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)	RECAP
55	Sept. 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)	RECAP
	Sept. 10, 2012	Deadline Modification: per 55 Order on Motion for Extension of Time to File. Proposed Remedy due by 10/5/2012. (mcrd)
56	Oct. 5, 2012	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)	Clearinghouse
57	Nov. 27, 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)	RECAP
58	Dec. 19, 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)	RECAP
59	Jan. 11, 2013	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)	RECAP
60	Jan. 31, 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)	Clearinghouse
61	Feb. 5, 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)	RECAP
62	Feb. 14, 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)	RECAP
63	Feb. 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)	RECAP
64	Feb. 28, 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)	RECAP
65	March 5, 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)	RECAP
66	March 5, 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)	RECAP
67	March 5, 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)	RECAP
68	March 7, 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)	RECAP
69	March 7, 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)	RECAP
	March 8, 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)
70	March 13, 2013	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)	RECAP
71	March 19, 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)	RECAP
72	March 20, 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)	RECAP
	March 20, 2013	Hearing/Deadline Modification: Deadlines/hearings set per Order No. 72. Replies due by 3/28/2013. (ctf)
73	March 28, 2013	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)	RECAP
74	March 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)	RECAP
	March 29, 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)
75	April 9, 2013	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)	RECAP
76	April 9, 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)	RECAP
77	April 15, 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)	RECAP
78	April 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)	RECAP
	April 30, 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)
	June 12, 2013	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)
79	June 13, 2013	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)	Clearinghouse
80	Aug. 7, 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)	RECAP
	Nov. 26, 2014	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)
	Oct. 28, 2015	Destruction of Exhibits offered by Plaintiffs and Defendants. (EXH-ADM flag removed) (svc)

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Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: July 20, 2010

Closing Date: Jan. 31, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanic residents of Farmers Branch, Texas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Farmers Branch

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)

Other Dockets:

Northern District of Texas 3:10-cv-01425

U.S. Court of Appeals for the Fifth Circuit 13-10235

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $269,125

Order Duration: 2013 - 2013

Issues

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Voting:

Challenges to at-large/multimember district/election

Vote dilution

Voting: General & Misc.

Recommended Citation

Case Summary of Fabela v. City of Farmers Branch, Texas, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43384/ (last updated 4/24/2024).