Case: Allen v. Waller County, Texas

4:18-cv-03985 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 12, 2018

Closed Date: April 14, 2022

Clearinghouse coding complete

Case Summary

This case involved allegations that county officials failed to allocate sufficient time for early voting during the 2018 general election cycle to Prairie View A&M University (PVAMU) (a historically Black university) in the State of Texas as compared to the other surrounding areas. Individual students and a student and alumni organization PVAMU, represented by NAACP Legal Defense and Educational Fund attorneys, filed suit in the U.S. District Court for the Southern District of Texas Houston Div…

This case involved allegations that county officials failed to allocate sufficient time for early voting during the 2018 general election cycle to Prairie View A&M University (PVAMU) (a historically Black university) in the State of Texas as compared to the other surrounding areas.

Individual students and a student and alumni organization PVAMU, represented by NAACP Legal Defense and Educational Fund attorneys, filed suit in the U.S. District Court for the Southern District of Texas Houston Division on October 22, 2018, requesting that Defendants be ordered to provide “at least parity, standardized, or otherwise adequate early voting hours to Prairie View and PVAMU as compared to other Waller County cities.” Defendants included Waller County, the Waller County Commissioners Court, the Waller County Elections Administrator and Chief Election Official, and the Waller County Judge. Plaintiffs asserted that Defendants’ actions violated their rights under the Voting Rights Act as well as under the Fourteenth, Fifteenth, and Twenty-Sixth Amendments of the U.S. Constitution. The case was assigned to Judge Nacy F Atlas, who recused herself, then to Judge Gray H Miller, who recused himself, and then to Judge Charles Eskridge.

Plaintiffs filed their original complaint in October 2018, which was amended on April 26, 2019. As amended, Plaintiffs asserted that the early voting schedule for the 2018 general election set by the Waller County Commissioners Court was discriminatory on the basis of race and age, and that Defendants’ related actions violated the Fourteenth, Fifteenth, and Twenty-Sixth Amendments to the United States Constitution and Section 2 of the Voting Rights Act.

In addition to the complaint, on October 24, 2018, Plaintiffs filed a motion for a temporary restraining order requesting that the court order Defendants to stop their discriminatory voting practices ahead of the November 2018 elections. This motion was later withdrawn, however, on October 29, 2018, after the parties agreed to discuss a settlement with respect to the 2018 election cycle.

 Defendants moved to dismiss Plaintiffs’ complaint pursuant to Rule 12(b)(6) on May 10 2019. Defendants also moved for summary judgment after the close of discovery on January 24, 2020. The motion to dismiss was denied, and a hearing was set on the motion for summary judgment on July 15, 2020. The motion for summary judgment was later denied, given the complexity of the factual analysis necessary and the many disputes between the parties in that regard.

A bench trial of this matter commenced on September 28, 2020, amid the COVID-19 pandemic. The parties attended post-trial mediation in November 2020, but they were unable to reach a settlement.

After several requested extensions, the parties filed proposed findings of fact and conclusions of law on March 30, 2021. On March 24, 2022, the court issued its findings of fact and conclusions of law determining that (1) the plaintiffs were unable to establish that the early voting schedule adopted and implemented by Waller County during the 2018 election was unconstitutional and (2) the plaintiffs failed to prove their claims that Waller County’s actions violated Section 2 of the Voting Rights Act. On April 14, 2022, the court issued a final judgement in favor of the Defendants, and the case was dismissed.

Summary Authors

Garrett Gaughan (6/14/2024)

Garrett Gaughan (6/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8065937/parties/damon-johnson-v-waller-county-texas/


Judge(s)

Eskridge, Charles R (Texas)

Attorney for Plaintiff

Aden, Leah (Texas)

Cusick, John S (Texas)

Harrison, Julie Goodrich (Texas)

Attorney for Defendant

Dorsey, Elizabeth Anne (Texas)

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Documents in the Clearinghouse

Document
6

4:18-cv-03985

Summons

Oct. 22, 2018

Oct. 22, 2018

Pleading / Motion / Brief
9

4:18-cv-03985

Summons

Oct. 22, 2018

Oct. 22, 2018

Pleading / Motion / Brief
8

4:18-cv-03985

Summons

Oct. 22, 2018

Oct. 22, 2018

Pleading / Motion / Brief
7

4:18-cv-03985

Summons

Oct. 22, 2018

Oct. 22, 2018

Pleading / Motion / Brief
1

4:18-cv-03985

Plaintiffs' Original Complaint

Oct. 22, 2018

Oct. 22, 2018

Complaint
10

4:18-cv-03985

Order for Pretrial Conference

Oct. 23, 2018

Oct. 23, 2018

Order/Opinion
16

4:18-cv-03985

Plaintiff's Emergency Motion for Temporary Restraining Order

Oct. 24, 2018

Oct. 24, 2018

Pleading / Motion / Brief
17

4:18-cv-03985

Memorandum in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order

Oct. 24, 2018

Oct. 24, 2018

Pleading / Motion / Brief
22

4:18-cv-03985

Plaintiffs' Motion to Withdraw Plaintiffs' Emergency Motion for Temporary Restraining Order

Oct. 29, 2018

Oct. 29, 2018

Pleading / Motion / Brief
23

4:18-cv-03985

Order Granting Plaintiffs' Motion to Withdraw Plaintiffs' Emergency Motion for Temporary Restraining Order

Oct. 30, 2018

Oct. 30, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8065937/damon-johnson-v-waller-county-texas/

Last updated Jan. 30, 2025, 3:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-21131361) filed by Raul Sanchez, Jayla Allen, Joshua Muhammad, Damon Johnson, Treasure Smith. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Unredacted attachment Civil Cover Sheet - Attachment A, # 3 Unredacted attachment Civil Cover Sheet - Attachment B)(Harrison, Julie) (Entered: 10/22/2018)

1 Civil Cover Sheet Civil Cover Sheet

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2 Unredacted attachment Civil Cover Sheet - Attachment A

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3 Unredacted attachment Civil Cover Sheet - Attachment B

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Oct. 22, 2018

Oct. 22, 2018

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2

MOTION for Leah C. Aden to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

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3

MOTION for Deuel Ross to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

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4

MOTION for Catherine Meza to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

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5

MOTION for Kristen Johnson to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/13/2018. (Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

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6

Request for Issuance of Summons as to Waller County, Texas, filed.(Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

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7

Request for Issuance of Summons as to Waller County Commissioners Court, filed.(Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

RECAP
8

Request for Issuance of Summons as to Christy Eason, filed.(Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

RECAP
9

Request for Issuance of Summons as to Carbett Duhon, filed.(Harrison, Julie) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

RECAP

Summons Issued as to Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. Issued summons delivered to plaintiff by First-class mail, filed.(rguerrero, 4)

Oct. 23, 2018

Oct. 23, 2018

PACER
10

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/11/2019 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(MarcelleLaBee, 4) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

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11

RECUSAL ORDER. Judge Nancy F Atlas recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

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12

RECUSAL ORDER. Judge Gray H Miller recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

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13

NOTICE of Appearance by C. Robert Heath and Gunnar P. Seaquist on behalf of Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Seaquist, Gunnar) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

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14

MOTION for Elton R. Mathis to Appear Pro Hac Vice by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/14/2018. (Seaquist, Gunnar) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

RECAP
15

MOTION for Elizabeth Dorsey to Appear Pro Hac Vice by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/14/2018. (Seaquist, Gunnar) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

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16

MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/14/2018. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 10/24/2018)

1 Proposed Order

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Oct. 24, 2018

Oct. 24, 2018

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17

MEMORANDUM in Support re: 16 MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. (Attachments: # 1 Affidavit Declaration of Leah C. Aden, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Harrison, Julie) (Entered: 10/24/2018)

1 Affidavit Declaration of Leah C. Aden

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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Oct. 24, 2018

Oct. 24, 2018

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18

ORDER granting 4 Motion for Catherine Meza to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)

Oct. 26, 2018

Oct. 26, 2018

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19

ORDER granting 14 Motion for Elton R. Mathis to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
20

ORDER granting 15 Motion for Elizabeth Dorsey to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
21

ORDER granting 2 Motion for Leah C. Aden to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 10/29/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
22

MOTION to Withdraw 16 MOTION for Temporary Restraining Order by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 11/19/2018. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 10/29/2018)

1 Proposed Order

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Oct. 29, 2018

Oct. 29, 2018

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23

ORDER granting 22 Motion to Withdraw; withdrawing 16 MOTION for Temporary Restraining Order.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 10/31/2018)

Oct. 30, 2018

Oct. 30, 2018

RECAP
24

ORDER granting 5 Motion for Kristen A. Johnson to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 11/01/2018)

Oct. 30, 2018

Oct. 30, 2018

RECAP
25

RETURN of Service of SUMMONS Executed as to Waller County, Texas served on 11/27/2018, answer due 12/18/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
26

RETURN of Service of SUMMONS Executed as to Waller County Commissioners Court served on 11/27/2018, answer due 12/18/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
27

RETURN of Service of SUMMONS Executed as to Christy Eason served on 11/26/2018, answer due 12/17/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
28

RETURN of Service of SUMMONS Executed as to Carbett Duhon served on 11/28/2018, answer due 12/19/2018, filed.(Harrison, Julie) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
29

Unopposed MOTION for Extension of Time File Responsive Pleading by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 12/26/2018. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 12/05/2018)

1 Proposed Order

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Dec. 5, 2018

Dec. 5, 2018

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30

ORDER granting 29 Motion for Extension of Time. Defendants shall file an answer or otherwise respond to Plaintiffs'Original Complaint on or before January, 7, 2019.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

RECAP
31

ORDER granting 3 Motion for Deuel Ross to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

RECAP
32

Mail Returned Undeliverable as to attorney Elton R Mathis as to Waller County Commissioners Court re: 30 Order on Motion for Extension of Time, filed. (SandraSilva, 7) (Entered: 12/18/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
33

Mail Returned Undeliverable as to attorney Elton R Mathis as to Waller County Commissioners Court re: 31 Order on Motion to Appear Pro Hac Vice, filed. (bmendoza, 5) (Entered: 12/18/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
34

MOTION to Dismiss 1 Complaint, by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 1/28/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 01/07/2019)

1 Proposed Order

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Jan. 7, 2019

Jan. 7, 2019

PACER
35

MOTION for John S. Cusick to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/5/2019. (Aden, Leah) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

RECAP
36

ORDER granting 35 Motion for John S. Cusick to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

RECAP
37

MOTION to Withdraw Plaintiff Joshua Muhammad by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/15/2019. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 01/25/2019)

1 Proposed Order

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Jan. 25, 2019

Jan. 25, 2019

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38

MOTION for Leave to File Response in Opposition to Defendants' Motion to Dismiss in Excess of Page Limit by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 2/19/2019. (Attachments: # 1 Proposed Order)(Aden, Leah) (Entered: 01/28/2019)

1 Proposed Order

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Jan. 28, 2019

Jan. 28, 2019

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39

RESPONSE in Opposition to 34 MOTION to Dismiss 1 Complaint,, filed by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith. (Aden, Leah) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

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40

APPENDIX re: 39 Response in Opposition to Motion by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed.(Aden, Leah) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

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41

Corrected APPENDIX re: 40 Appendix by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, filed.(Aden, Leah) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

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42

REPLY in Support of 34 MOTION to Dismiss 1 Complaint,, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

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43

ORDER granting 37 Plaintiff's Unopposed Motion to Withdraw Plaintiff Joshua Muhammad as a party in this action..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 02/11/2019)

Feb. 8, 2019

Feb. 8, 2019

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44

NOTICE of Setting. Parties notified. Initial Conference set for 3/7/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

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45

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, filed.(Harrison, Julie) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

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46

Unopposed MOTION for Approval of Participate by Telephone for the Initial Pretrial and Scheduling Conference by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, filed. Motion Docket Date 3/26/2019. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 03/05/2019)

1 Proposed Order

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March 5, 2019

March 5, 2019

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47

NOTICE of Referral of Motion to Magistrate Judge Frances H. Stacy re 46 Unopposed MOTION for Approval of Participate by Telephone for the Initial Pretrial and Scheduling Conference, filed. (rhawkins) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER

Set/Reset Scheduling Order and Trial Settings

March 7, 2019

March 7, 2019

PACER

Scheduling Conference

March 7, 2019

March 7, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. SCHEDULING CONFERENCE held on 3/7/2019; deposition issue discussed an agreed to on the record; entry #38 granted; docket control order to follow. Appearances:Nicole Lynn. Leah Aden - by phone, Gunnar Peterson Seaquist.(Court Reporter: ERO)(Digital # 10:36 - 10:54)(ERO:O Lindor), filed.(bwhite, 4) Modified on 3/7/2019 (bwhite, 4).

March 7, 2019

March 7, 2019

PACER

***Set/Reset Scheduling Order and Trial Settings: Amended Pleadings due by 4/26/2019. Joinder of Parties due by 4/26/2019 Pltf Expert Witness List due by 5/31/2019. Pltf Expert Report due by 7/1/2019. Deft Expert Witness List due by 8/1/2019. Deft Expert Report due by 9/3/2019. Discovery due by 10/31/2019. Dispositive Motion Filing due by 11/15/2019; Daubert Expert 10/15/2019. Joint Pretrial Order due by 1/17/2020. Docket Call set for 2/18/2020 at 01:30 PM before Judge Andrew S Hanen. Trial set for 2/24/2020 at 09:00 AM before Judge Andrew S Hanen (bwhite, 4)

March 7, 2019

March 7, 2019

PACER
48

ORDER granting 38 Motion for Leave to File.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
49

AMENDED COMPLAINT against All Defendants filed by Damon Johnson, Jayla Allen, Raul Sanchez, Treasure Smith, The Panther Party. (Attachments: # 1 Exhibit 1: Redlined Complaint)(Harrison, Julie) (Entered: 04/26/2019)

1 Exhibit 1: Redlined Complaint

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April 26, 2019

April 26, 2019

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50

Unopposed MOTION for Leave to File Excess Pages by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 5/30/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
51

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 5/31/2019. (Seaquist, Gunnar) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

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52

Unopposed MOTION for Leave to File Excess Pages by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 6/21/2019. (Attachments: # 1 Proposed Order)(Lynn, Nicole) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
53

MEMORANDUM of Law in Opposition re: 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. (Attachments: # 1 Appendix, # 2 Proposed Order)(Lynn, Nicole) (Entered: 05/31/2019)

1 Appendix

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2 Proposed Order

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May 31, 2019

May 31, 2019

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54

ORDER granting 52 Motion for Leave to File Excess Pages.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
55

REPLY in Support of 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

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56

Agreed MOTION for Protective Order by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 7/1/2019. (Harrison, Julie) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
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AGREED PROTECTIVE ORDER granting 56 Agreed MOTION for Protective Order (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

PACER
58

NOTICE of Service of Expert Discovery by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. (Aden, Leah) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
59

Unopposed MOTION to Withdraw Plaintiff Raul Sanchez by Jayla Allen, Damon Johnson, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 8/19/2019. (Attachments: # 1 Proposed Order)(Aden, Leah) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
60

ORDER granting 59 Motion to withdraw Plaintiff Raul Sanchez..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
61

ADVISORY by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed.(Seaquist, Gunnar) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

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62

ORDER denying as moot 34 Motion to Dismiss.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

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63

NOTICE Of Supplemental Authority in Support of Plaintiffs' re: 53 Memorandum, by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. (Attachments: # 1 Exhibit A)(Aden, Leah) (Entered: 08/28/2019)

1 Exhibit A

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Aug. 28, 2019

Aug. 28, 2019

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64

NOTICE of Service of Expert Report by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Seaquist, Gunnar) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
65

Agreed MOTION for Continuance of Scheduling Order Deadlines and Trial Setting by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 11/7/2019. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
66

NOTICE of Reassignment to Judge Charles Eskridge, pursuant to Special Order No. 2019-4. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Andrew S Hanen no longer assigned to the case. Parties notified, filed. (NicoleDiaz, 4) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
67

ADVISORY by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. (Attachments: # 1 Exhibit 1)(Seaquist, Gunnar) (Entered: 10/25/2019)

1 Exhibit 1

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Oct. 25, 2019

Oct. 25, 2019

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68

RESPONSE to 67 Advisory, filed by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party. (Harrison, Julie) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

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69

ORDER granting 65 Motion for Continuance Discovery due by 12/16/2019. Daubert/Expert Motion Filing due by 1/13/2020. Dispositive Motion Filing due by 1/13/2020. Joint Pretrial Order due by 4/28/2020. Docket Call set for 6/5/2020 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge.(Signed by Judge Charles Eskridge) Parties notified.(hcarr, 4) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
70

Unopposed MOTION for Leave to File Excess Pages by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/3/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
71

***STRICKEN BY 72 ORDER*** MOTION for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/3/2020. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10)(Seaquist, Gunnar) Modified on 1/17/2020 (jengonzalez, 4). (Entered: 01/13/2020)

1 Exhibit 1-5

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2 Exhibit 6-10

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Jan. 13, 2020

Jan. 13, 2020

PACER
72

ORDER denying 70 Unopposed MOTION for Leave to File Excess Pages. Striking 71 MOTION for Summary Judgment . (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
73

MOTION for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 2/14/2020. (Attachments: # 1 Appendix, # 2 Exhibit 1-11)(Seaquist, Gunnar) (Entered: 01/24/2020)

1 Appendix

View on PACER

2 Exhibit 1-11

View on PACER

Jan. 24, 2020

Jan. 24, 2020

RECAP
74

MOTION for Leave to File Excess Pages by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. Motion Docket Date 2/27/2020. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
75

ORDER granting 74 MOTION for Leave to File Excess Pages (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
76

Unopposed MOTION for the withdrawal of Plaintiff Jayla Allen as a party in th is action by Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party, filed. Motion Docket Date 3/6/2020. (Attachments: # 1 Proposed Order)(Harrison, Julie) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
77

RESPONSE in Opposition to 73 MOTION for Summary Judgment, filed by Damon Johnson, Treasure Smith, The Panther Party. (Attachments: # 1 Exhibit Exhibits 01-09, # 2 Proposed Order)(Harrison, Julie) (Entered: 02/14/2020)

1 Exhibit Exhibits 01-09

View on RECAP

2 Proposed Order

View on RECAP

Feb. 14, 2020

Feb. 14, 2020

RECAP
78

Unopposed MOTION for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 3/9/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 02/17/2020)

Feb. 17, 2020

Feb. 17, 2020

PACER
79

ORDER granting 76 Unopposed MOTION for the withdrawal of Plaintiff Jayla Allen as a party in th is action. Jayla Allen terminated.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
80

ORDER granting 78 Unopposed MOTION for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment. Reply brief due on or before 02/26/2020. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
81

REPLY in Support of 73 MOTION for Summary Judgment, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
82

Corrected REPLY in Support of 73 MOTION for Summary Judgment, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP
83

ORDER TO SHOW CAUSE re: The Court is inclined to set the motion for summary judgment for oral argument. The Court requests to know whether the motion for summary judgment supersedes and moots consideration of the motion to dismiss. The Court orders Defendants to submit by 03/06/2020 their position as to whether the motion to dismiss is moot. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 02/27/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
84

RESPONSE TO 83 ORDER TO SHOW CAUSE, filed by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas. (Seaquist, Gunnar) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
85

ORDER denying 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Motion Hearing on the motion for summary judgment set for 4/1/2020 at 01:30 PM before Judge Charles Eskridge)(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

RECAP
86

ORDER re: The Court cancels the motion hearing on the motion for summary judgment set for 4/1/2020 at 01:30 PM. The Court orders the parties to confer in good faith to suggest agreeable times to hold a hearing on the motion for summary judgment. The parties must propose three specific dates and times. The parties must also state their position on whether telephonic hearing is sufficient.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
87

Mail Returned Undeliverable as to attorney Elton R Mathis as to Carbett Duhon re: 85 Order,, filed. (hlerma, 4) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

PACER
88

Joint MOTION for Continuance by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed. Motion Docket Date 4/23/2020. (Attachments: # 1 Proposed Order)(Seaquist, Gunnar) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
89

ORDER granting 88 Joint MOTION for Continuance ( Motion Hearing set for 6/5/2020 at 09:30 AM before Judge Charles Eskridge).(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/13/2020)

April 8, 2020

April 8, 2020

PACER
90

Mail Returned Undeliverable as to attorney Deuel Ross as to Jayla Allen, Damon Johnson, Treasure Smith, The Panther Party re: 89 Order, filed. (bmendoza, 5) (Entered: 05/20/2020)

May 18, 2020

May 18, 2020

PACER
91

Unopposed MOTION for Leave to File Defendant's Original Answer to Plaintiff's First Amended Complaint by Waller County, Texas, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Exhibit Defendant's Original Answer to Plaintiff's First Amended Complaint)(Seaquist, Gunnar) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
92

MOTION for Steven C. Lance to Appear Pro Hac Vice by Jayla Allen, Damon Johnson, Joshua Muhammad, Raul Sanchez, Treasure Smith, The Panther Party, filed. Motion Docket Date 6/17/2020. (Aden, Leah) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
93

ORDER granting 91 Unopposed MOTION for Leave to File Defendant's Original Answer to Plaintiff's First Amended Complaint. The Defendants' Answer to Plaintiffs' first amended complaint will be filed on the docket of this case. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
94

ANSWER to 49 Amended Complaint/Counterclaim/Crossclaim etc. by Carbett Duhon, Christy Eason, Waller County Commissioners Court, Waller County, Texas, filed.(jengonzalez, 4) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
95

ORDER granting 92 MOTION for Steven C. Lance to Appear Pro Hac Vice. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 12, 2018

Closing Date: April 14, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A 19-year-old Black registered voter and second-year student at an HBCU. Another 19-year-old Black registered voter and second-year student at an HBCU. 19-year-old Latino registered voter and second-year student at an HBCU. A 20-year-old Black registered voter and second-year student at an HBCU. A student and alumni organization dedicated to addressing and improving the social, political, economic, and historical landscape at the HBCU on behalf of Black and Latinx people.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Waller County (Hempstead, Waller), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

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

Constitutional Clause(s):

Due Process

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Issues

Discrimination Basis:

Age discrimination

Race discrimination

Affected Race(s):

Black

Voting:

Election administration

Voter registration rules

Voting: General & Misc.