Case: Vaughan v. Lewisville Independent School District

4:19-cv-00109 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 12, 2019

Closed Date: June 12, 2023

Clearinghouse coding complete

Case Summary

This is a case about the structure of the at-large district for the election of school board members for the Lewisville Independent School District ("Lewisville ISD") in Lewisville, Texas. On February 12, 2019, an individual voter in Lewisville Texas filed this lawsuit in U.S. District Court for the Eastern District of Texas. The plaintiff sued the Lewisville ISD and the individual board members of the Lewisville ISD in their official capacities. Represented by private counsel, the plaintiff so…

This is a case about the structure of the at-large district for the election of school board members for the Lewisville Independent School District ("Lewisville ISD") in Lewisville, Texas. On February 12, 2019, an individual voter in Lewisville Texas filed this lawsuit in U.S. District Court for the Eastern District of Texas. The plaintiff sued the Lewisville ISD and the individual board members of the Lewisville ISD in their official capacities. Represented by private counsel, the plaintiff sought declaratory judgement and injunctive relief. The plaintiff claimed that the at-large electoral system disadvantages minority voters in violation of Section 2 of the Voting Rights Act. The plaintiff also claimed violations of the Fourteenth and Fifteenth Amendments alleging that the at-large voting system denies African American, Hispanic, and Asian communities of equal protection under the law.

On March 22, 2019, the individual defendants filed a Motion to Dismiss. The court granted this Motion to Dismiss on December 23, 2019, and the individual defendants were dismissed from the action.

On November 22, 2019, the defendants filed a Motion for Summary judgement. The court granted this Motion for Summary judgement on July 31, 2020, holding that the plaintiff lacked standing to sue under the Voting Rights Act because he was not a member of any of the minority groups discussed in the complaint and had not personally experienced any harm.

On August 10, 2020, the defendants filed a motion for a separate judgement awarding attorneys' fees, and the court granted this motion on October 16, 2020 The plaintiff then appealed to the Fifth Circuit. Case No. 20-40773. 

The Court of Appeals for the Fifth Circuit vacated the District's Court order for plaintiff to pay attorneys' fees and remanded the case.  The District Court had determined that the plaintiff's claims were frivolous and unreasonable and assessed attorneys' fees. However, the Circuit Court did not agree. The plaintiff argued that he had standing under Section 2 of the Voting Rights because he lived in the affected district, and precedent did not clearly foreclose this argument. The parties ultimately attended mediation, and Lewisville ISD agreed not to further seek attorneys' fees.

Summary Authors

Jessica Barbaria (5/18/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14559164/parties/vaughan-v-lewisville-independent-school-district/


Judge(s)

Jordan, Sean D. (Texas)

Attorney for Plaintiff

Brewer, William Andrew (Texas)

Collins, Michael Joseph (Texas)

Melia, Theresa Lofgren (Texas)

Attorney for Defendant

Badillo, Christine Smith (Texas)

Documents in the Clearinghouse

Documents in this case
1

4:19-cv-00109

Complaint for Declaratory and Permanent Injunctive Relief Concerning Violations of Section 2 of the Voting Rights Act

Vaughan v. Lewisville Independent

Feb. 12, 2019

Feb. 12, 2019

Complaint
20

4:19-cv-00109

Defendants' Motion to Dismiss Plaintiff’s Complaint

Vaughan v. Lewisville Independent

March 22, 2019

March 22, 2019

Pleading / Motion / Brief
40

4:19-cv-00109

Defendants' Motion for Summary Judgment

Vaughan v. Lewisville Independent

Nov. 22, 2019

Nov. 22, 2019

Pleading / Motion / Brief
61

4:19-cv-00109

Memorandum Opinion & Order

Vaughan v. Lewisville Independent

July 31, 2020

July 31, 2020

Order/Opinion

475 F.Supp.3d 589

68

4:19-cv-00109

Final Judgment

Vaughan v. Lewisville Independent

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion
79

4:19-cv-00109

USCA Mandate

Vaughan v. Lewisville Independent

U.S. Court of Appeals for the Fifth Circuit

Feb. 19, 2021

Feb. 19, 2021

Other
85

4:19-cv-00109

Memorandum Opinion & Order

Vaughan v. Lewisville Independent

Dec. 28, 2021

Dec. 28, 2021

Order/Opinion

2021 WL 6125786

90

4:19-cv-00109

USCA Mandate

Vaughan v. Lewisville Independent

U.S. Court of Appeals for the Fifth Circuit

April 11, 2023

April 11, 2023

Order/Opinion
91

4:19-cv-00109

Order

Vaughan v. Lewisville Independent

April 11, 2023

April 11, 2023

Order/Opinion
92

4:19-cv-00109

Notice Regarding Attorney’s Fees

Vaughan v. Lewisville Independent

June 12, 2023

June 12, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14559164/vaughan-v-lewisville-independent-school-district/

Last updated Aug. 31, 2026, 4:39 a.m.

Docket for: Vaughan v. Lewisville Independent School District
ECF Number Date Description Link
1 Feb. 12, 2019

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-7136308.), filed by Frank Vaughan. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Brewer, William) (Entered: 02/12/2019)

1 Exhibit

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2 Civil Cover Sheet

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Clearinghouse
2 Feb. 12, 2019

SUMMONS Issued as to Angie Cox. (baf, ) (Entered: 02/12/2019)

RECAP
3 Feb. 12, 2019

SUMMONS Issued as to Katherine Sells. (baf, ) (Entered: 02/12/2019)

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4 Feb. 12, 2019

SUMMONS Issued as to Kronda Thimesch. (baf, ) (Entered: 02/12/2019)

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5 Feb. 12, 2019

SUMMONS Issued as to Tracy Scott Miller. (baf, ) (Entered: 02/12/2019)

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6 Feb. 12, 2019

SUMMONS Issued as to Jenny Proznik. (baf, ) (Entered: 02/12/2019)

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7 Feb. 12, 2019

SUMMONS Issued as to Kristi Hassett. (baf, ) (Entered: 02/12/2019)

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8 Feb. 12, 2019

SUMMONS Issued as to Lewisville Independent School District. (baf, ) (Entered: 02/12/2019)

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9 Feb. 12, 2019

SUMMONS Issued as to Allison Lassahn. (baf, ) (Entered: 02/12/2019)

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Feb. 12, 2019

Case Assigned/Reassigned

Feb. 12, 2019

Case ASSIGNED to District Judge Amos L. Mazzant, III and REFERRED Magistrate Judge Kimberly C Priest Johnson. (baf, )

Feb. 12, 2019

Notice of Magistrate Availability

Feb. 12, 2019

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )

10 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Lewisville Independent School District served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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11 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Katherine Sells served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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12 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Kristi Hassett served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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13 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Allison Lassahn served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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14 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Angie Cox served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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15 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Jenny Proznik served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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16 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Tracy Scott Miller served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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17 Feb. 26, 2019

SUMMONS Returned Executed by Frank Vaughan. Kronda Thimesch served on 2/14/2019, answer due 3/7/2019. (Brewer, William) (Entered: 02/26/2019)

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18 Feb. 28, 2019

Unopposed MOTION for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint by Angie Cox, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 02/28/2019)

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19 March 4, 2019

ORDER - GRANTING 18 Motion for Extension of Time to File a Responsive Pleading. IT IS THEREFORE ORDERED that Defendants' deadline to file a responsive pleading to Plaintiff's Complaint is extended to March 22, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/4/2019. (baf, ) (Entered: 03/04/2019)

RECAP
20 March 22, 2019

MOTION to Dismiss Plaintiff's Complaint for Declaratory and Permanent Injunctive Relief Concerning Violations of Section 2 of the Voting Rights Act by Angie Cox, Kristi Hassett, Allison Lassahn, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 03/22/2019)

1 Text of Proposed Order

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Clearinghouse
21 March 22, 2019

ANSWER to 1 Complaint by Angie Cox, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch.(Walker, Meredith) (Entered: 03/22/2019)

RECAP
March 25, 2019

Notice of Magistrate Availability

March 25, 2019

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )

22 April 5, 2019

RESPONSE in Opposition re 20 MOTION to Dismiss Plaintiff's Complaint for Declaratory and Permanent Injunctive Relief Concerning Violations of Section 2 of the Voting Rights Act filed by Frank Vaughan. (Attachments: # 1 Text of Proposed Order Order Denying Defendants' Motion to Dismiss)(Melia, Theresa) (Entered: 04/05/2019)

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23 April 13, 2019

ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 6/12/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Rule 26 Meeting Joint Report due by 5/14/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/13/2019. (baf, ) (Entered: 04/15/2019)

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24 April 18, 2019

REPLY to Response to Motion re 20 MOTION to Dismiss Plaintiff's Complaint for Declaratory and Permanent Injunctive Relief Concerning Violations of Section 2 of the Voting Rights Act filed by Angie Cox, Kristi Hassett, Allison Lassahn, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch. (Walker, Meredith) (Entered: 04/18/2019)

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25 May 14, 2019

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A)(Melia, Theresa) (Entered: 05/14/2019)

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26 June 12, 2019

Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Rule 16 Management Conference held on 6/12/2019. (Court Reporter Digital recording - Plano 108.) (ttm, ) (Entered: 06/12/2019)

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27 June 12, 2019

NOTICE by Frank Vaughan (Attachments: # 1 Text of Proposed Order Stipulated ESI Order)(Collins, Michael) (Entered: 06/12/2019)

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28 June 14, 2019

Agreed MOTION for Discovery by Frank Vaughan. (Attachments: # 1 Text of Proposed Order Stipulated ESI Order)(Melia, Theresa) (Entered: 06/14/2019)

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29 June 17, 2019

ORDER - GRANTING 28 Motion for Entry of Stipulated ESI Order. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/17/2019. (baf, ) (Entered: 06/17/2019)

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30 June 17, 2019

SCHEDULING ORDER: Final Pretrial Conference set for 3/31/2020 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 9/4/2019 for Plaintiff and by 9/18/2019 for Defendant. Discovery due by 10/25/2019. Joinder of Parties due by 7/24/2019. Mediation Completion due by 2/28/2020. Designation of Mediator due by 1/17/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 10/25/2019. Proposed Findings of Fact and Conclusions of Law due by 3/17/2020. Joint Final Pretrial Order due by 3/2/2020. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/17/2019. (baf, ) (Entered: 06/17/2019)

RECAP
31 June 21, 2019

***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Withdraw as Attorney Theresa L. Melia by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Collins, Michael) Modified on 6/24/2019 (baf, ). (Entered: 06/21/2019)

RECAP
June 24, 2019

Notice of Deficiency

June 24, 2019

NOTICE of Deficiency regarding the MOTION TO WITHDRAW submitted DOCUMENT 31 - NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, )

32 June 25, 2019

MOTION to Withdraw as Attorney Theresa L. Melia by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Collins, Michael) (Entered: 06/25/2019)

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33 June 25, 2019

ORDER - GRANTING 32 Motion to Withdraw as Attorney. Attorney Theresa Lofgren Melia terminated. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/25/2019. (baf, ) (Entered: 06/26/2019)

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34 Aug. 21, 2019

***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***REPORT of Rule 26(f) Planning Meeting. (Collins, Michael) Modified on 8/22/2019 (daj, ). (Entered: 08/21/2019)

RECAP
35 Aug. 22, 2019

NOTICE of Discovery Disclosure by Frank Vaughan Expert Witnesses (Attachments: # 1 Exhibit A - Expert Report of D. Ely, # 2 Exhibit B - Expert Report of K. Mayer)(Collins, Michael) (Entered: 08/22/2019)

RECAP
Aug. 22, 2019

Notice of Deficiency

Aug. 22, 2019

NOTICE of Deficiency regarding document #34 submitted by Frank Vaughan. Incorrect event used, exhibits not filed in compliance with Local Rule CV-5. Correction should be made by one business day. (daj, )

Aug. 27, 2019

ORDER TRANSFERRING CIVIL CASES. It is hereby ORDERED that this civil action is transferred to the Honorable Sean D. Jordan, effective immediately. Upon transfer, any pretrial referral to a Magistrate Judge is REVOKED except in Social Security cases, Pro Se Non-Prisoner/Habeas cases, and mortgage cases, where the pretrial referral will stay in place. IT IS SO ORDERED. Signed by United States District Judge Amos L. Mazzant. District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson no longer assigned to the case. (kls, )

Aug. 27, 2019

Add and Terminate Judges

36 Sept. 18, 2019

NOTICE by Angie Cox, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch Disclosure of Expert Witnesses (Attachments: # 1 Exhibit Expert Designation Exhibit A - Peter Morrison, # 2 Exhibit Expert Designation Exhibit B - John Alford)(Walker, Meredith) (Entered: 09/18/2019)

1 Exhibit Expert Designation Exhibit A - Peter Morrison

View on RECAP

2 Exhibit Expert Designation Exhibit B - John Alford

View on RECAP

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37 Sept. 30, 2019

NOTICE of Attorney Appearance by Donna Zinke Cowman on behalf of Frank Vaughan (Cowman, Donna) (Entered: 09/30/2019)

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38 Oct. 9, 2019

Agreed MOTION to Amend/Correct 30 Scheduling Order,, by Angie Cox, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 10/09/2019)

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39 Oct. 11, 2019

FIRST AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 3/31/2020 at 9:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 9/4/2019 for Plaintiff and by 9/18/2019 for Defendant. Discovery due by 11/15/2019. Jury instructions due by 3/17/2020. Mediation Completion due by 2/28/2020. Designation of Mediator due by 1/17/2020. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 11/22/2019. Joint Final Pretrial Order due by 3/2/2020. GRANTING 38 Agreed MOTION to Amend/Correct 30 Scheduling Order, filed by Angie Cox, Kronda Thimesch, Tracy Scott Miller, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Jenny Proznik, Katherine Sells. Signed by District Judge Sean D. Jordan on 10/11/2019. (baf, ) (Entered: 10/11/2019)

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40 Nov. 22, 2019

MOTION for Summary Judgment by Angie Cox, Kristi Hassett, Allison Lassahn, Lewisville Independent School District, Tracy Scott Miller, Jenny Proznik, Katherine Sells, Kronda Thimesch. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 11/22/2019)

1 Text of Proposed Order

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Clearinghouse
41 Nov. 22, 2019

Additional Attachments to Main Document: 40 MOTION for Summary Judgment .. (Attachments: # 1 Exhibit District Policy BBB Local, # 2 Exhibit Ely Report, # 3 Exhibit Mayer Report, # 4 Affidavit Affidavit of John Alford)(Walker, Meredith) (Entered: 11/22/2019)

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42 Dec. 10, 2019

Unopposed MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Summary Judgment by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Cowman, Donna) (Entered: 12/10/2019)

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43 Dec. 16, 2019

ORDER - GRANTING 42 Motion for Extension of Time to File Response re 40 MOTION for Summary Judgment . Responses due by 1/10/2020. Signed by District Judge Sean D. Jordan on 12/16/2019. (baf, ) (Entered: 12/16/2019)

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44 Dec. 23, 2019

ORDER - GRANTING 20 Motion to Dismiss. It is further ORDERED, ADJUDGED and DECREED Defendants Kronda Thimesch, Allison Lassahn, Angie Cox, Katherine Sells, Jenny Proznik, Kristi Hassett, and Tracy Scott Miller, in their official capacities, are DISMISSED from this action. Signed by District Judge Sean D. Jordan on 12/23/2019. (baf, ) (Entered: 12/23/2019)

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45 Jan. 10, 2020

RESPONSE to Motion re 40 MOTION for Summary Judgment filed by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Cowman, Donna) (Entered: 01/10/2020)

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46 Jan. 10, 2020

Additional Attachments to Main Document: 45 Response to Motion.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Cowman, Donna) (Entered: 01/10/2020)

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47 Jan. 15, 2020

MOTION for Entry of an Order Excusing the District from Mediation re 39 Scheduling Order,,,, Terminate Motions,,, by Lewisville Independent School District. (Attachments: # 1 Text of Proposed Order Proposed Order)(Walker, Meredith) (Entered: 01/15/2020)

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48 Jan. 17, 2020

REPLY to Response to Motion re 40 MOTION for Summary Judgment filed by Lewisville Independent School District. (Walker, Meredith) (Entered: 01/17/2020)

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49 Jan. 17, 2020

Additional Attachments to Main Document: 48 Reply to Response to Motion.. (Attachments: # 1 Exhibit)(Walker, Meredith) (Entered: 01/17/2020)

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50 Jan. 17, 2020

NOTICE of Designation of Mediator, Hon. Glen M. Ashworth, Hon. Harlan A. Martin, Hon. Mark Whittington, filed by Frank Vaughan. (Cowman, Donna) (Entered: 01/17/2020)

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51 Jan. 21, 2020

RESPONSE to Motion re 47 MOTION for Entry of an Order Excusing the District from Mediation re 39 Scheduling Order,,,, Terminate Motions,,, filed by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Cowman, Donna) (Entered: 01/21/2020)

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52 Jan. 23, 2020

ORDER - GRANTING 47 Motion for Entry of an Order Excusing the District from Mediation. The parties are EXCUSED from participating in mediation. It is further ORDERED that all mediation-related deadlines noted in the First Amended Scheduling Order (Dkt. #39) are hereby VACATED. Signed by District Judge Sean D. Jordan on 1/23/2020. (baf, ) (Entered: 01/23/2020)

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53 Jan. 24, 2020

SUR-REPLY to Reply to Response to Motion re 40 MOTION for Summary Judgment filed by Frank Vaughan. (Cowman, Donna) (Entered: 01/24/2020)

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54 Feb. 12, 2020

Joint MOTION to Amend/Correct 39 Scheduling Order,,,, Terminate Motions,,, by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Zinke, Donna) (Entered: 02/12/2020)

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55 Feb. 25, 2020

SECOND AMENDED SCHEDULING ORDER: The Court, after reviewing the Joint Motion to Modify the Amended Scheduling Order, (Dkt. 54 ), enters this Second Amended Scheduling Order which controls disposition of this action pending further order of the Court. The following actions shall be completed by the date indicated. Final Pretrial Conference set for 6/5/2020 at 9:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Mediation Completion due by 2/28/2020. Proposed Findings of Fact and Conclusions of Law due by 5/26/2020. Joint Final Pretrial Order due by 5/11/2020. Trial set for 6/8/2020 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 2/25/2020. (baf, ) (Entered: 02/25/2020)

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56 April 3, 2020

Agreed MOTION for Extension of Time to File Notice of Intent to Offer Certified Records by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Zinke, Donna) (Entered: 04/03/2020)

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57 April 6, 2020

ORDER - GRANTING 56 Motion for Extension of Time to File Notice of Intent to Offer Certified Records. The Parties' deadline to file their notices of intent to offer certified records is now April 17, 2020. Signed by District Judge Sean D. Jordan on 4/6/2020. (baf, ) (Entered: 04/06/2020)

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58 April 17, 2020

NOTICE by Frank Vaughan of Intent to Offer Public Documents as Self-Authenticating (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zinke, Donna) (Entered: 04/17/2020)

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59 May 11, 2020

Joint MOTION to Amend/Correct 55 Scheduling Order,,, Terminate Motions,,, Set Trial Management Order Deadlines,, to Modify the Second Amended Scheduling Order by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Zinke, Donna) (Entered: 05/11/2020)

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60 May 29, 2020

THIRD AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 10/30/2020 at 9:00 AM in Plano Courthouse before District Judge Sean D. Jordan. Jury Instructions/Form of Verdict due by 10/16/2020. Bench Trial set for 11/2/2020 at 10:00 AM in Plano Courthouse before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 5/29/2020. (daj, ) (Entered: 05/29/2020)

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61 July 31, 2020

MEMORANDUM OPINION AND ORDER. ORDERED that Defendant Lewisville Independent School District's Motion for Summary Judgment, (Dkt. # 40 ), is GRANTED. Plaintiff Frank Vaughan's claims are ORDERED, ADJUDGED, and DECREED DISMISSED for lack of jurisdiction. It is further ORDERED that all relief not previously granted is DENIED as moot. The Clerk is directed to close this civil case. Signed by District Judge Sean D. Jordan on 7/31/2020. (daj, ) (Entered: 07/31/2020)

Clearinghouse
62 Aug. 7, 2020

***PLEASE DISREGARD. INCORRECT DOCKET EVENT USED*** NOTICE by Lewisville Independent School District re 61 Memorandum & Opinion,, Order Dismissing Case, Request for Separate Judgment and Award of Costs (Attachments: # 1 Proposed Final Judgment)(Walker, Meredith) Modified on 8/10/2020 (rpc, ). (Entered: 08/07/2020)

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63 Aug. 10, 2020

MOTION for Separate Judgment and Award of Costs re 61 Memorandum & Opinion,, Order Dismissing Case, by Lewisville Independent School District. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 08/10/2020)

RECAP
Aug. 10, 2020

Notice of Deficiency

Aug. 10, 2020

NOTICE of Deficiency regarding the 62 NOTICE re 61 Memorandum & Opinion,, Order Dismissing Case, Request for Separate Judgment and Award of Costs submitted by Lewisville Independent School District. The document should be filed as a Motion. Correction should be made by one business day. (rpc, )

64 Aug. 24, 2020

RESPONSE to Motion re 63 MOTION for Separate Judgment and Award of Costs re 61 Memorandum & Opinion,, Order Dismissing Case, filed by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Zinke, Donna) (Entered: 08/24/2020)

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65 Aug. 31, 2020

REPLY to Response to Motion re 63 MOTION for Separate Judgment and Award of Costs re 61 Memorandum & Opinion,, Order Dismissing Case, filed by Lewisville Independent School District. (Walker, Meredith) (Entered: 08/31/2020)

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66 Sept. 8, 2020

SUR-REPLY to Reply to Response to Motion re 63 MOTION for Separate Judgment and Award of Costs re 61 Memorandum & Opinion,, Order Dismissing Case, filed by Frank Vaughan. (Zinke, Donna) (Entered: 09/08/2020)

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67 Oct. 16, 2020

ORDER. It is therefore ORDERED that Defendant Lewisville Independent SchoolDistricts Motion for Separate Judgment and Award of Costs, (Dkt. 63 ), is GRANTED. A final judgment will be issued by separate order. Signed by District Judge Sean D. Jordan on 10/16/2020. (baf, ) (Entered: 10/16/2020)

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68 Oct. 16, 2020

FINAL JUDGMENT. Pursuant to Rule 58 of the Federal Rules of Civil Procedure, having previously dismissed all of Plaintiff Frank Vaughan's claims for lack of jurisdiction, (Dkt. 61 ), and having granted Defendant Lewisville Independent School District's Motion for Separate Judgment and Award of Costs, (Dkt. 67 ), the Court ORDERS AND ENTERS FINAL JUDGMENT as follows: It is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff Frank Vaughan's claims are DISMISSED with prejudice. Plaintiff shall take nothing on all claims asserted against Defendant. It is further ORDERED that Defendant Lewisville Independent School District is awarded just costs against Plaintiff Frank Vaughan, as authorized by 28 U.S.C. § 1919. Specifically, Lewisville Independent School District is awarded its taxable costs, as enumerated in 28 U.S.C. § 1920. Signed by District Judge Sean D. Jordan on 10/16/2020. (baf, ) (Entered: 10/16/2020)

Clearinghouse
69 Oct. 29, 2020

PROPOSED BILL OF COSTS filed by Lewisville Independent School District. (Walker, Meredith) (Entered: 10/29/2020)

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70 Oct. 30, 2020

Unopposed MOTION for Extension of Time to File a Request for Attorneys' Fees by Lewisville Independent School District. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 10/30/2020)

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71 Nov. 4, 2020

BILL OF COSTS by Lewisville Independent School District. Costs Taxed in the amount of $11,643.20. (baf, ) (Entered: 11/04/2020)

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72 Nov. 4, 2020

ORDER granting 70 Motion for Extension of Time to File a Request for Attorneys' Fees. ORDERED that Defendant Lewisville Independent School District's Unopposed Motion for Extension of Time to File a Request for Attorneys Fees, (Dkt. #70), is GRANTED. The deadline to file a request for attorneys fees is extended until November 13, 2020. Signed by District Judge Sean D. Jordan on 11/4/2020. (kls, ) (Entered: 11/04/2020)

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73 Nov. 13, 2020

MOTION to Stay Defendant's Motion to Stay the Deadline for Requesting Attorneys' Fees by Lewisville Independent School District. (Attachments: # 1 Text of Proposed Order)(Walker, Meredith) (Entered: 11/13/2020)

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74 Nov. 16, 2020

Unopposed MOTION to Withdraw as Attorney Donna P. Zinke by Frank Vaughan. (Attachments: # 1 Text of Proposed Order)(Collins, Michael) (Additional attachment(s) added on 11/16/2020: # 2 Text of Proposed Order) (baf, ). (Entered: 11/16/2020)

RECAP
75 Nov. 16, 2020

***DEFICIENT DOCUMENT - PLEASE DISREGARD***NOTICE OF APPEAL - FEDERAL CIRCUIT as to 68 Judgment, 61 Memorandum & Opinion, Order Dismissing Case, by Frank Vaughan. Filing fee $ 505, receipt number 0540-8108469. (Collins, Michael) Modified on 11/17/2020 (baf, ). (Entered: 11/16/2020)

RECAP
76 Nov. 17, 2020

NOTICE OF APPEAL as to 68 Judgment,,, 61 Memorandum & Opinion,, Order Dismissing Case, by Frank Vaughan. Filing fee $ 505, receipt number 0540-8109352. (Collins, Michael) (Entered: 11/17/2020)

RECAP
Nov. 17, 2020

Notice of Deficiency

Nov. 17, 2020

NOTICE of Deficiency regarding the NOTICE OF APPEAL - FEDERAL CIRCUIT submitted DOCUMENT 75 - INCORRECT DOCKET EVENT USED FOR FILING - NOTICE OF APPEAL FILED AS A NOTICE OF APPEAL - FEDERAL CIRCUIT. Correction should be made by ONE BUSINESS DAY (baf, )

77 Nov. 20, 2020

ORDER - GRANTING 73 Motion to Stay the Deadline for Requesting Attorneys' Fees. It is further ORDERED that the deadline to file a motion requesting attorneys' fees is stayed until fourteen days following the resolution of Plaintiff's appeal. Signed by District Judge Sean D. Jordan on 11/20/2020. (baf, ) (Entered: 11/20/2020)

RECAP
78 Nov. 20, 2020

ORDER - GRANTING 74 Motion to Withdraw as Attorney. Attorney Donna P. Zinke terminated. Michael J. Collins and William A. Brewer III will continue to serve as counsel for Plaintiff in this action. Signed by District Judge Sean D. Jordan on 11/20/2020. (baf, ) (Entered: 11/20/2020)

RECAP
Nov. 23, 2020

USCA Case Number

Nov. 23, 2020

USCA Case Number 20-40773 for 76 Notice of Appeal filed by Frank Vaughan. (baf, )

Dec. 14, 2020

Notice (Other)

Dec. 14, 2020

NOTICE of certification of eROA provided to Fifth Circuit Court of Appeals. (baf, )

Dec. 15, 2020

Notice (Other)

Dec. 15, 2020

USCA 5TH CIRCUIT NOTICE: The Original eROA has been accepted. (baf, )

Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Feb. 12, 2019

Closing Date: June 12, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual voter residing in the Lewisville Independent School District

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Lewisville Independent School District

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

Fifteenth Amendment

Other Dockets:

Eastern District of Texas 4:19-cv-00109

U.S. Court of Appeals for the Fifth Circuit 20-40773

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Redistricting/district composition

Recommended Citation