Case: Gutierrez v. Abbott

1:21-cv-00769 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 1, 2021

Closed Date: Oct. 4, 2022

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Case Summary

This is a redistricting case challenging existing maps for the Texas House of Representatives and Senate districts. On September 1, 2021, two Texas State Senators and the Tejano Democrats (a statewide political organization) filed this lawsuit in the U.S. District Court for the Western District of Texas. Plaintiffs sued Texas Governor and acting Texas Secretary of State under the Fourteenth Amendment of the United States Constitution and the protections afforded by 42 U.S.C. § 1983. Represented by private counsel, plaintiffs sought preliminary and permanent injunctive relief, a declaratory judgment, attorney’s fees and costs, and any other and further relief that the court determined plaintiffs are entitled to receive. Plaintiffs claimed that the current redistricting plans exceed permissible variances between the least and most populated districts, thereby violating voters’ rights to the “one person, one vote” guarantee of the Fourteenth Amendment and protected by 42 U.S.C. § 1983. Plaintiffs also asserted that, because the Texas Constitution did not permit reapportionment before commencement of the 2022 election cycle, the constitutional injuries could only be remedied by the federal district court adopting interim district maps complying with federal and state law for the 2022 elections. The case was assigned to District Judge Robert Pitman.

On September 13, 2021 and September 15, 2021, respectively, plaintiffs filed a motion for preliminary injunction and defendants filed a motion to dismiss or abate proceedings.

Before the court ruled on plaintiffs' motion, on October 26, 2021, the parties filed a Joint Advisory advising the court that the Governor had signed redistricting legislation passed by the Texas House and Senate that included reapportioned electoral districts. In light of that legislation, plaintiffs intended to pursue similar claims in state court and the parties noted the court’s broad discretion and inherent power to stay or continue the proceedings.

The court ordered a stay of the case on April 28, 2022, and plaintiffs ultimately filed an unopposed motion to nonsuit their claims on September 30, 2022. On October 4, 2022, the court issued an Order construing the motion as a voluntary dismissal, determining the motion was self-effecting, and ordering that the case be closed.

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Summary Authors

Kelly Tsai (2/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60330460/parties/gutierrez-v-abbott/

Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

Golando, Martin Anthony (Texas)

Jefferson, Wallace Bernard (Texas)

Attorney for Defendant

Sweeten, Patrick K. (Texas)

Thompson, William Thomas (Texas)

Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

Golando, Martin Anthony (Texas)

Jefferson, Wallace Bernard (Texas)

Attorney for Defendant

Sweeten, Patrick K. (Texas)

Thompson, William Thomas (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:21-cv-00769	Plaintiffs's Original Complaint for Declaratory Judgment and Injunctive Relief	Sept. 1, 2021	Sept. 1, 2021 Complaint
10 1:21-cv-00769	Plaintiffs' Motion for Preliminary Injunction	Sept. 13, 2021	Sept. 13, 2021 Pleading / Motion / Brief
12 1:21-cv-00769	Defendants' Motion to Dismiss or Abate Proceedings	Sept. 15, 2021	Sept. 15, 2021 Pleading / Motion / Brief
14 1:21-cv-00769	Response to Plaintiffs' Motion for Preliminary Injunction	Sept. 28, 2021	Sept. 28, 2021 Pleading / Motion / Brief
15 1:21-cv-00769	Plaintiffs' Response to Defendants' Motion to Dismiss	Sept. 29, 2021	Sept. 29, 2021 Pleading / Motion / Brief
17 1:21-cv-00769	Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction	Oct. 5, 2021	Oct. 5, 2021 Pleading / Motion / Brief
19 1:21-cv-00769	Defendants' Reply in Support of their Motion to Dismiss or Abate Proceedings	Oct. 8, 2021	Oct. 8, 2021 Pleading / Motion / Brief
23 1:21-cv-00769	Joint Advisory	Oct. 26, 2021	Oct. 26, 2021 Pleading / Motion / Brief
28 1:21-cv-00769	Joint Status Report	March 4, 2022	March 4, 2022 Other
29 1:21-cv-00769	Order	April 28, 2022	April 28, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60330460/gutierrez-v-abbott/

Last updated Sept. 28, 2024, 4:10 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 402 receipt number 0542-15176572), filed by Sarah Eckhardt, Roland Gutierrez. (Attachments: # 1 Civil Cover Sheet)(Golando, Martin) (Entered: 09/01/2021) 1 Civil Cover Sheet View on RECAP	Sept. 1, 2021	Sept. 1, 2021 Clearinghouse
	Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)	Sept. 1, 2021	Sept. 1, 2021 PACER
	If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl)	Sept. 1, 2021	Sept. 1, 2021 PACER
2	REQUEST FOR ISSUANCE OF SUMMONS by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats. (Attachments: # 1 Supplement)(Golando, Martin) (Entered: 09/01/2021)	Sept. 1, 2021	Sept. 1, 2021 PACER
3	MOTION to Convene a Three Judge Panel by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats. (Attachments: # 1 Proposed Order)(Golando, Martin) (Entered: 09/01/2021) 1 Proposed Order View on PACER	Sept. 1, 2021	Sept. 1, 2021 PACER
	Case Assigned/Reassigned	Sept. 1, 2021	Sept. 1, 2021 PACER
	To be Referred to AU Mag Judge	Sept. 1, 2021	Sept. 1, 2021 PACER
4	Summons Issued as to Greg Abbott. (cc3) (Entered: 09/02/2021)	Sept. 2, 2021	Sept. 2, 2021 PACER
5	REQUEST FOR ISSUANCE OF SUMMONS by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats. (Golando, Martin) (Entered: 09/02/2021)	Sept. 2, 2021	Sept. 2, 2021 RECAP
6	Summons Issued as to Jose A. Esparza. (cc3) (Entered: 09/02/2021)	Sept. 2, 2021	Sept. 2, 2021 RECAP
7	ORDER appointing three judge panel - Judge Jerry E. Smith and Jeffrey V. Brown signed by Chief Judge Priscilla Richman Owen, for the U.S. Court of Appeals for the Fifth Circuit. (jg3) (Entered: 09/02/2021)	Sept. 2, 2021	Sept. 2, 2021 RECAP
8	NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, Jose A. Esparza. Attorney Patrick K. Sweeten added to party Greg Abbott(pty:dft), Attorney Patrick K. Sweeten added to party Jose A. Esparza(pty:dft) (Sweeten, Patrick) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
9	NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, Jose A. Esparza. Attorney William Thomas Thompson added to party Greg Abbott(pty:dft), Attorney William Thomas Thompson added to party Jose A. Esparza(pty:dft) (Thompson, William) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 PACER
10	Opposed MOTION for Preliminary Injunction by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats. (Attachments: # 1 Appendix, # 2 Proposed Order)(Golando, Martin) (Entered: 09/13/2021) 1 Appendix View on RECAP 2 Proposed Order View on RECAP	Sept. 13, 2021	Sept. 13, 2021 Clearinghouse
11	Unopposed MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Greg Abbott, Jose A. Esparza. (Attachments: # 1 (Proposed) Motion to Dismiss, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 09/14/2021)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Text Order GRANTING 11 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Defendants' motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)	Sept. 15, 2021	Sept. 15, 2021 PACER
12	Defendants' MOTION to Dismiss or Abate Proceedings by Greg Abbott, Jose A. Esparza. (lt) (Entered: 09/15/2021)	Sept. 15, 2021	Sept. 15, 2021 Clearinghouse
	Order on Motion for Leave to File Excess Pages	Sept. 15, 2021	Sept. 15, 2021 PACER
13	Unopposed MOTION for Leave to Exceed Page Limitation as to Response to Plaintiffs' Motion for Preliminary Injunction by Greg Abbott, Jose A. Esparza. (Attachments: # 1 Defendants' Response to Plaintiffs' Motion for Preliminary Injunction, # 2 Appendix in Support of Defendants' Response to Plaintiffs' Motion for Preliminary Injunction, # 3 Proposed Order)(Sweeten, Patrick) (Entered: 09/27/2021)	Sept. 27, 2021	Sept. 27, 2021 PACER
	Text Order GRANTING 13 Unopposed Motion for Leave to Exceed Page Limitation entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Defendants' Response to Plaintiffs' Motion for Preliminary Injunction. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)	Sept. 28, 2021	Sept. 28, 2021 PACER
14	RESPONSE to Motion, filed by Defendants re 10 Opposed MOTION for Preliminary Injunction filed by Plaintiff Roland Gutierrez, Plaintiff Tejano Democrats, Plaintiff Sarah Eckhardt. (cc3) (Entered: 09/28/2021)	Sept. 28, 2021	Sept. 28, 2021 Clearinghouse
	Order on Motion for Leave to File Excess Pages	Sept. 28, 2021	Sept. 28, 2021 PACER
15	Response in Opposition to Motion, filed by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats, re 12 MOTION to Dismiss filed by Defendant Jose A. Esparza, Defendant Greg Abbott (Golando, Martin) (Entered: 09/29/2021)	Sept. 29, 2021	Sept. 29, 2021 Clearinghouse
16	ORDER SETTING HEARING on 10 Opposed MOTION for Preliminary Injunction AND 12 MOTION to Dismiss or Abate set for 10/28/2021 at 10:00 AM before the three-judge panel. Signed by Judge Robert Pitman. (cc3) Modified on 9/30/2021 (cc3). (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021 RECAP
17	REPLY to Response to Motion, filed by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats, re 10 Plaintiffs' Motion for Preliminary Injunction (Golando, Martin) Modified on 10/5/2021 (lt). Modified on 10/5/2021 to correct docket text and docket entry relationship (lt). (Entered: 10/05/2021)	Oct. 5, 2021	Oct. 5, 2021 Clearinghouse
18	Unopposed MOTION for Leave to Exceed Page Limitation for Reply In Support of Motion to Dismiss by Greg Abbott, Jose A. Esparza. (Attachments: # 1 Reply in Support of Motion to Dismiss or Abate Proceedings, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 10/06/2021)	Oct. 6, 2021	Oct. 6, 2021 PACER
	Text Order GRANTING 18 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file Defendants' reply in support of their motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)	Oct. 8, 2021	Oct. 8, 2021 PACER
19	REPLY to Response to Motion, filed by Greg Abbott, Jose A. Esparza, re 12 MOTION to Dismiss filed by Defendant Jose A. Esparza, Defendant Greg Abbott (jv2) (Entered: 10/08/2021)	Oct. 8, 2021	Oct. 8, 2021 Clearinghouse
	Order on Motion for Leave to File Excess Pages	Oct. 8, 2021	Oct. 8, 2021 PACER
20	Opposed MOTION to Consolidate Cases by Greg Abbott, Jose A. Esparza. (Attachments: # 1 Exhibit Initial Complaint, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 10/20/2021) 1 Exhibit Initial Complaint View on PACER 2 Proposed Order View on PACER	Oct. 20, 2021	Oct. 20, 2021 RECAP
21	ORDER for plaintiffs to file their response to the Motion to Consolidate no later than 5:00 p.m. on Monday, October 25, 2021. Signed by Judge Robert Pitman. (cc3) (Entered: 10/22/2021)	Oct. 22, 2021	Oct. 22, 2021 RECAP
22	Response in Opposition to Motion, filed by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats, re 20 Opposed MOTION to Consolidate Cases filed by Defendant Jose A. Esparza, Defendant Greg Abbott (Golando, Martin) (Entered: 10/25/2021)	Oct. 25, 2021	Oct. 25, 2021 PACER
23	ADVISORY TO THE COURT by Greg Abbott, Jose A. Esparza (Joint) re Passage of Redistricting Legislation. (Sweeten, Patrick) (Entered: 10/26/2021)	Oct. 26, 2021	Oct. 26, 2021 Clearinghouse
24	ORDER VACATING the Court's Order, (Dkt. 16 ), setting a non-evidentiary hearing and status conference. The hearing set for October 28, 2021 is cancelled. ORDER that the parties shall file a joint status report when they have determined the impact of the litigation in state court on this case. Signed by Judge Robert Pitman. (lt) Modified on 10/28/2021 (lt). (Entered: 10/26/2021)	Oct. 26, 2021	Oct. 26, 2021 RECAP
25	REPLY to Response to Motion, filed by Greg Abbott, Jose A. Esparza, re 20 Opposed MOTION to Consolidate Cases filed by Defendant Jose A. Esparza, Defendant Greg Abbott (Attachments: # 1 Exhibit Initial Complaint, Voto Latino v. Scott, # 2 Exhibit Initial Complaint, Wilson v. Texas)(Sweeten, Patrick) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
26	Second MOTION to Consolidate Cases by Greg Abbott, Jose A. Esparza. (Attachments: # 1 Exhibit LULAC Original Complaint, # 2 Exhibit Wilson Original Complaint, # 3 Exhibit Voto Latino Original Complaint, # 4 Exhibit MALC Original Complaint, # 5 Exhibit Brooks Original Complaint, # 6 Exhibit Morris Original Complaint, # 7 Proposed Order)(Sweeten, Patrick) (Entered: 11/04/2021) 1 Exhibit LULAC Original Complaint View on PACER 2 Exhibit Wilson Original Complaint View on PACER 3 Exhibit Voto Latino Original Complaint View on PACER 4 Exhibit MALC Original Complaint View on PACER 5 Exhibit Brooks Original Complaint View on PACER 6 Exhibit Morris Original Complaint View on PACER 7 Proposed Order View on PACER	Nov. 4, 2021	Nov. 4, 2021 RECAP
27	ORDER DENYING 20 Motion to Consolidate Cases AND 26 SECOND Motion to Consolidate Cases. Signed by Judge Robert Pitman. (cc3) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 RECAP
28	STATUS REPORT by Greg Abbott, Jose A. Esparza. (Sweeten, Patrick) (Entered: 03/04/2022)	March 4, 2022	March 4, 2022 Clearinghouse
29	ORDER STAYING CASE. Signed by Judge Robert Pitman. (cc3) (Entered: 04/28/2022)	April 28, 2022	April 28, 2022 Clearinghouse
30	ADVISORY TO THE COURT by Greg Abbott, Jose A. Esparza . (Sweeten, Patrick) (Entered: 06/02/2022)	June 2, 2022	June 2, 2022 PACER
31	STATUS REPORT ORDER due by 10/3/2022. Signed by Judge Robert Pitman. (cc3) (Entered: 09/16/2022)	Sept. 16, 2022	Sept. 16, 2022 PACER
32	Unopposed MOTION for NonSuit by Sarah Eckhardt, Roland Gutierrez, Tejano Democrats. (Attachments: # 1 Proposed Order)(Golando, Martin) Modified on 10/3/2022 (jv2). Modified on 10/3/2022 (jv2). (Entered: 09/30/2022) 1 Proposed Order View on RECAP	Sept. 30, 2022	Sept. 30, 2022 Clearinghouse
33	ADVISORY TO THE COURT by Greg Abbott . (Sweeten, Patrick) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 Clearinghouse
34	ORDER re 32 Unopposed MOTION to Nonsuit filed by Roland Gutierrez, Tejano Democrats, Sarah Eckhardt. The Court construes the motion as a voluntary dismissal. As nothing remains to resolve, IT IS ORDERED that the case is CLOSED. Signed by Judge Robert Pitman. (jv2) (Entered: 10/04/2022)	Oct. 4, 2022	Oct. 4, 2022 Clearinghouse