Case: United States of America v. Richardson Independent School District

3:70-cv-04101 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 19, 1970

Closed Date: 2013

Clearinghouse coding complete

Case Summary

This case was originally part of United States v. Texas Education Agency but was later separated and became an independent case. On 08/19/1970, United States Department of Justice Civil Rights Division filed a complaint against Richardson Independent School District, among other Texas school districts, in the U.S. District Court for the Northern District of Texas. The U.S. sought an injunction prohibiting the defendant school districts from discriminating against Black students on the basis of …

Initially the Court (Judge Joe Ewing Estes) set the schedule for preliminary pretrial conference after the start of the 1970-1971 school year. The plaintiffs appealed the schedule and the Court of Appeals for the Fifth Circuit (Judges John M. Wisdom, James P. Coleman, and John M.B. Simpson) reversed the scheduling order, holding that the case against the school districts should be given top priority. The Circuit Court also noted that it would be appropriate to sever the suits against individual school districts. 431 F.2d 1313. Thereafter, the case against Richard Independent School District was severed from the main action and assigned to Judge William M. Taylor, Jr.

On September 10, 1970, the Court issued a desegregation order that addressed issues for which the parties had been unable to reach an agreement, including student assignment, faculty and staff matters, the implementation of a majority to minority transfer policy, school construction and site selection, intra-district and inter-district transfers, use of a bi-racial advisory committee, and the School District’s reporting requirements.

In May 1974, the plaintiffs moved for supplemental relief asking that the School District be ordered to desegregate the only all-black school in the district. The case went to trial in August 1974 and the District Court denied the motion. The plaintiffs appealed and the Circuit Court (Judges Griffin Bell, Robert A. Ainsworth, Jr., and Cooper C. Godbold) reversed the District Court holding. The Circuit Court explained that under Swann v. Charlotte-Mecklenburg County Board of Education, 402 U.S. 1, one-race schools like the one at issue in this case were subject to strict scrutiny; accordingly, the Court held that the defendants could not show that the one-race composition of the school was not the result of present or past discrimination by the defendants. 512 F.2d 896. The defendants appealed, but the Supreme Court denied certiorari. 423 U.S. 837. On July 16, 1975, the District Court ordered the desegregation of Hamilton Park Elementary School for the 1975-1976 school year. During the following year, the Court entered orders to address various student assignment issues that arose.

Additionally, in August 1976 a Black schoolteacher employed by the defendant sought to intervene in the case, alleging that the defendant had wrongfully terminated her in violation of her due process and equal protection rights under the Fourteenth Amendment. The intervenor had struck a student in self-defense after the student had refused to leave her classroom, threatened her, and verbally abused her. Although the parent of the student did not complain about the physical contact, and although the teacher had maintained a perfect employment record during her 15 years of working for the defendant, the school board decided that the teacher’s actions were a violation of the school’s policy on corporal punishment and terminated her employment based solely on that incident. On December 28, 1979, the Court held that although the defendants had not violated the intervenor’s procedural due process, they had acted arbitrarily and capriciously in violation of her substantive due process rights. The Court also held that the defendants had violated the intervenor's equal protection rights by unequally enforcing the school’s policy against corporal punishment and intentionally discriminating against her on the basis of race. 483 F.Supp. 80. The defendants appealed but the Circuit Court affirmed the District Court decision in October 1980.

On February 3, 1984, the case was reassigned to Judge Buchmeyer (after Judge Taylor had transitioned to senior judge status in 1979). The defendants continued to file annual reports for several years without change. In 1997, the defendants filed a motion for approval of a proposed student assignment plan. The plan was intended to address overcrowding and administrative issues, and it provided for: maintaining the neighborhood school system at the elementary school level; using a flexible secondary feeder system that includes the reassignment of several feeder schools, choice and managed choice of junior high attendance in particular areas, and the use of centers of interest at junior highs which serve as feeders to under-diversified high schools; the opening of a freshman campus; and the redrawing of attendance zones. On June 10, 1997, the Court entered an order approving the plan and implementing the new attendance zones.

In March 2008 the case was randomly reassigned to Judge Rood C. O’Connor (after Judge Buchmeyer had transitioned to inactive status). In May 2011 the defendants moved for a declaration of unitary status. The Court scheduled a trial and issued an order for partial unitary status on August 17, 2011 stating that four areas of the school system ((i) transportation, (ii) student activities, (iii) facilities, and (iv) special education) were unitary and dismissing the 1970 Desegregation order as to those four areas. In January 2012 the defendants moved for summary judgement. The plaintiffs opposed the motion and alleged that the defendants had violated the desegregation order with respect to quality of education and discipline. The Court held an evidentiary hearing on the matter beginning on June 11, 2012.

On July 27, 2012, the Court issued an opinion granting in part and denying in part the defendants' motion for summary judgment. The Court found that the defendants had complied with the desegregation orders in good faith and achieved unitary status as to two areas: (i) student assignment to its high schools and junior high schools, and (ii) faculty and staff hiring and recruiting. The Court dismissed the desegregation order with respect to those areas. With respect to the plaintiff’s allegations, the Court found that the plaintiffs could not show that racial disparities in quality of education or discipline were attributable to prior de jure segregation and could not show that the disparities amounted to an independent constitutional violation; thus, the Court refused to impose any affirmative obligations on the defendants in those areas. Finally, the Court deferred with respect to two areas: (i) student assignment to elementary schools, and (ii) assignment of faculty and staff, finding that additional argument and evidence were needed.

After another evidentiary hearing beginning on April 24, 2013, the Court issued a declaration of unitary status on July 23, 2013. The Court found that with respect to the two remaining issues, the defendants had (1) complied the Desegregation Order in good faith for a reasonable period of time and (2) had eliminated the vestiges of prior de jure segregation to the extent practicable. The Court also found that the racial imbalance in the school district was the result of demographic factors and that the defendants did not have a legal obligation to achieve a particular racial balance. The case was dismissed the same day, and is closed.

Available Opinions

United States v. Texas Ed. Agency, 431 F.2d 1313 (5th Cir. 1970)

United States v. Texas Ed. Agency, 512 F.2d 896 (5th Cir. 1975)

United States v. Richardson Indep. Sch. Dist., 483 F. Supp. 80 (N.D. Tex. 1979), aff'd, 626 F.2d 171 (5th Cir. 1980)

show full summary

Summary Authors

Sara Stearns (4/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8344128/parties/united-states-v-the-texas-education-agency/

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Attorney for Plaintiff

Bhargava, Anurima (District of Columbia)

Attorney for Defendant

Akin, Henry D (Texas)

Expert/Monitor/Master/Other

Bork, Robert Heron (District of Columbia)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Bell, Griffin Boyette (Georgia)

Buchmeyer, Jerry (Texas)

Coleman, James Plemon (Louisiana)

Godbold, John Cooper (Louisiana)

O'Connor, Reed Charles (Texas)

Simpson, John Milton Bryan (Florida)

Wisdom, John Minor (Louisiana)

Attorney for Plaintiff

Bhargava, Anurima (District of Columbia)

Dann, Mark (District of Columbia)

Gurwin, Steve (District of Columbia)

Landsberg, Brian K. (District of Columbia)

Leonard, Jerris (District of Columbia)

Marshall, Franz (District of Columbia)

Mitchell, John N. (District of Columbia)

Murphy, Nicholas U. (District of Columbia)

Rich, Joseph D. (District of Columbia)

Roper, Richard B. III (Texas)

Attorney for Defendant

Akin, Henry D (Texas)

Gonzalez, Jose L (Texas)

Luna, Earl (Texas)

Martin, Crawford (Texas)

Parrish, D Todd (Texas)

Ronquillo, Marcos G (Texas)

Soto, Ramona (Texas)

Expert/Monitor/Master/Other

Bork, Robert Heron (District of Columbia)

Fichtner, Jay S (Texas)

Pottinger, J. Stanley (District of Columbia)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 3:70-cv-04101	Civil Docket [Original] United States of America v. The Texas Education Agency U.S. District Court for the Southern District of Texas	March 3, 1980	March 3, 1980 Docket
3:70-cv-04101	[Docket] United States of America v. The Texas Education Agency U.S. District Court for the Southern District of Texas	Sept. 23, 2013	Sept. 23, 2013 Docket
70-30368	Opinion United States of America v. Texas Education Agency U.S. Court of Appeals for the Fifth Circuit	Aug. 18, 1970	Aug. 18, 1970 Order/Opinion 431 F.2d 431
74-03686	Opinion United States of America v. The Texas Education Agency U.S. Court of Appeals for the Fifth Circuit	April 22, 1975	April 22, 1975 Order/Opinion 512 F.2d 512
74-01575	Memorandum for the United States in Opposition Richardson Independent School District v. United States of America Supreme Court of the United States	July 1, 1975	July 1, 1975 Pleading / Motion / Brief
127 3:70-cv-04101	Findings of Fact and Conclusions of Law United States of America v. The Texas Education Agency	July 27, 2012	July 27, 2012 Order/Opinion
199 3:70-cv-04101	Findings of Fact and Conclusions of Law United States of America v. The Texas Education Agency	July 23, 2013	July 23, 2013 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8344128/united-states-v-the-texas-education-agency/

Last updated March 29, 2024, 3:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	Paper Docket Sheet. (skt) (Entered: 09/21/2007)	Sept. 14, 2007	Sept. 14, 2007 Clearinghouse
2	Semester Report: Fall Semester 2007 by Richardson Independent School District. (skt) (Entered: 09/21/2007)	Sept. 14, 2007	Sept. 14, 2007 RECAP
3	Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jerry Buchmeyer on 9/21/07) (skt) (Entered: 09/21/2007)	Sept. 21, 2007	Sept. 21, 2007 PACER
4	NOTICE by Richardson Independent School District Semester Report: Spring Semester 2008 (Martin, Mia) (Entered: 01/18/2008)	Jan. 18, 2008	Jan. 18, 2008 PACER
	Case randomly reassigned to Judge Reed C O'Connor, Judge Jerry Buchmeyer in inactive status. (lrl)	March 28, 2008	March 28, 2008 PACER
5	NOTICE by Richardson Independent School District Annual Report of the Richardson Independent School District: 2008 (Martin, Mia) (Entered: 04/15/2008)	April 15, 2008	April 15, 2008 PACER
6	NOTICE AMENDED ANNUAL REPORT OF THE RICHARDSON INDEPENDENT SCHOOL DISTRICT: 2008 re: 5 Notice (Other) filed by Richardson Independent School District (Attachments: # 1 Exhibit Amended Exhibit A) (Martin, Mia) (Entered: 08/11/2008) 2 Exhibit Amended Exhibit A View on PACER	Aug. 11, 2008	Aug. 11, 2008 PACER
7	NOTICE Richardson Independent School District Semester Report: Fall 2008 filed by Richardson Independent School District (Martin, Mia) (Entered: 09/05/2008)	Sept. 5, 2008	Sept. 5, 2008 PACER
8	NOTICE Spring Semester 2009 Report to the Court filed by Richardson Independent School District (Martin, Mia) (Entered: 02/03/2009)	Feb. 3, 2009	Feb. 3, 2009 PACER
9	Annual Report of the Richardson Independent School District: 2009 filed by Richardson Independent School District (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Martin, Mia) Modified on 4/16/2009 (skt). (Entered: 04/15/2009) 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER	April 15, 2009	April 15, 2009 PACER
10	NOTICE of Attorney Appearance by Mark A Dann on behalf of United States of America. (Dann, Mark) (Entered: 04/28/2009)	April 28, 2009	April 28, 2009 PACER
11	NOTICE of Attorney Appearance by Marcos G Ronquillo and Jose L. Gonzalez on behalf of Richardson Independent School District. (Ronquillo, Marcos) Modified on 5/13/2009 (tln). (Entered: 05/12/2009)	May 12, 2009	May 12, 2009 PACER
12	Richardson Independent School District Semester Report: Fall Semester 2009 filed by Richardson Independent School District (Martin, Mia) Modified on 9/8/2009 (mfw). (Entered: 09/04/2009)	Sept. 4, 2009	Sept. 4, 2009 PACER
13	Richardson Independent School District Semester Report: Spring Semester 2010 filed by Richardson Independent School District (Martin, Mia) Modified on 1/29/2010 (mfw). (Entered: 01/28/2010)	Jan. 28, 2010	Jan. 28, 2010 PACER
14	NOTICE Annual Report of the Richardson Independent School District: 2010 filed by Richardson Independent School District (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E) (Martin, Mia) (Entered: 04/15/2010) 2 Exhibit Exhibit A View on PACER 3 Exhibit Exhibit B View on PACER 4 Exhibit Exhibit C View on PACER 5 Exhibit Exhibit D View on PACER 6 Exhibit Exhibit E View on PACER	April 15, 2010	April 15, 2010 PACER
15	NOTICE RISD Fall Semester 2010 Report filed by Richardson Independent School District (Martin, Mia) (Entered: 09/07/2010)	Sept. 7, 2010	Sept. 7, 2010 PACER
16	NOTICE RISD Semester Report - Spring 2011 filed by Richardson Independent School District (Martin, Mia) (Entered: 01/14/2011)	Jan. 14, 2011	Jan. 14, 2011 PACER
17	NOTICE Annual Report of the Richardson Independent School DIstrict: 2011 filed by Richardson Independent School District (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E) (Martin, Mia) (Entered: 04/15/2011) 1 Exhibit(s) A View on RECAP 2 Exhibit(s) B View on PACER 3 Exhibit(s) C View on PACER 4 Exhibit(s) D View on PACER 5 Exhibit(s) E View on PACER	April 15, 2011	April 15, 2011 RECAP
18	MOTION for Declaration of Unitary Status filed by Richardson Independent School District with Brief/Memorandum in Support. (Ronquillo, Marcos) (Entered: 05/06/2011)	May 6, 2011	May 6, 2011 RECAP
19	Appendix in Support filed by Richardson Independent School District re 18 MOTION for Declaration of Unitary Status (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s)) (dnc) (Entered: 05/10/2011) 1 Additional Page(s) View on PACER 2 Additional Page(s) View on PACER 3 Additional Page(s) View on PACER 4 Additional Page(s) View on PACER 5 Additional Page(s) View on PACER 6 Additional Page(s) View on PACER 7 Additional Page(s) View on PACER	May 9, 2011	May 9, 2011 PACER
20	ORDER as to 18 MOTION for Declaration of Unitary Status. It is ORDERED that the Government respond to Defendant's motion no later than May 27, 2011. (Ordered by Judge Reed C O'Connor on 5/17/2011) (tln) (Entered: 05/17/2011)	May 17, 2011	May 17, 2011 PACER
21	ADDITIONAL ATTACHMENTS: Addendum to 18 MOTION for declaration of unitary status by Defendant Richardson Independent School District with Brief/Memorandum in Support. (Soto, Ramona) (Entered: 05/18/2011)	May 18, 2011	May 18, 2011 PACER
22	MOTION to Extend Time to File Response and Proposed Scheduling Order filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dann, Mark) (Entered: 05/26/2011) 1 Proposed Order View on PACER	May 26, 2011	May 26, 2011 PACER
23	ORDER granting in part 22 Motion for Extension of Time to File Response and Proposed Pre-Hearing Scheduling. Joint Motion due by 6/24/2011. Proposed Scheduling Order due by 6/24/2011. (Ordered by Judge Reed C O'Connor on 5/27/2011) (mfw) (Entered: 05/27/2011)	May 27, 2011	May 27, 2011 PACER
24	Joint MOTION to Amend/Correct 23 Order on Motion to Extend Time filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dann, Mark) (Entered: 05/31/2011) 1 Proposed Order View on PACER	May 31, 2011	May 31, 2011 PACER
25	ORDER denying 24 Motion to Amend/Correct Order on Motion to Extend Time. It is ORDERED that the Parties meet face to face to confer regarding the issues raised in RISD's Motion for Declaration of Unitary Status and Brief in Support. (Ordered by Judge Reed C O'Connor on 6/1/2011) (dnc) (Entered: 06/01/2011)	June 1, 2011	June 1, 2011 PACER
26	Proposal for contents of scheduling and discovery order by Richardson Independent School District. (Soto, Ramona) (Entered: 06/24/2011)	June 24, 2011	June 24, 2011 PACER
27	Proposal for contents of scheduling and discovery order and stipulation by United States of America. (Dann, Mark) (Entered: 06/24/2011)	June 24, 2011	June 24, 2011 PACER
28	ORDER: The Court DENIES the request that the case be abated for forty-five days. The Court FURTHER ORDERS that the United States respond to RISD's 18 Motion for Declaration of Unitary Status no later than 9/1/2011. (Ordered by Judge Reed C O'Connor on 6/27/2011) (tln) (Entered: 06/27/2011)	June 27, 2011	June 27, 2011 PACER
29	SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 5/21/2012 before Judge Reed C O'Connor. Joinder of Parties due by 8/27/2011. Amended Pleadings due by 8/27/2011. Motions due by 1/21/2012. Deadline for mediation is on or before 4/2/2012. Discovery due by 3/16/2012. Pretrial Materials due by 4/30/2012. Pretrial Order due by 4/30/2012. (Ordered by Judge Reed C O'Connor on 6/27/2011) (tln) (Entered: 06/27/2011)	June 27, 2011	June 27, 2011 PACER
30	ORDER FOR PARTIAL UNITARY STATUS: IT IS ORDERED that the following factors are no longer at issue in this case and are considered resolved for all intents and purposes and that RISD operates a unitary school district in such areas: 1. Transportation, 2. Student Activities, 3. Facilities, 4. Special Education. IT IS FURTHER ORDERED that the Desegregation Order is dismissed as to these areas, and RISD is hereby released from further Court supervision as to the four areas identified above. (Ordered by Judge Reed C O'Connor on 8/17/2011) (mfw) (Entered: 08/17/2011)	Aug. 17, 2011	Aug. 17, 2011 PACER
31	RESPONSE IN OPPOSITION to 18 Defendant's MOTION for declaration of unitary status filed by United States of America. Filing attempt made at 11:00 p.m. on 9/1/11 however due to technical difficulties filer was unsuccessful. Received documents through emergency filing account at 9:58 a.m. on 9/2/11. (jkm) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011 RECAP
32	Appendix in Support filed by United States of America re 31 Response in Opposition to Defendant's Motion for Declaration of unitary status and brief in support. Filing attempt made at 11:00 p.m. on 9/1/11 however due to technical difficulties filer was unsuccessful. Received documents through emergency filing account at 9:58 a.m. on 9/2/11. (jkm) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011 PACER
33	NOTICE RISD Semester Report - Fall Semester 2011 filed by Richardson Independent School District (Martin, Mia) (Entered: 09/06/2011)	Sept. 6, 2011	Sept. 6, 2011 PACER
34	MOTION for Extension of Time to File Response/Reply re: 31 Response/Objection, filed by Richardson Independent School District (Soto, Ramona) (Entered: 09/09/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
35	ELECTRONIC ORDER deferring ruling on 34 Motion to Extend Time to File Response/Reply. Response due no later than September 14, 2011. (Ordered by Judge Reed C O'Connor on 9/11/2011)(Judge Reed C O'Connor) (Entered: 09/11/2011)	Sept. 11, 2011	Sept. 11, 2011 PACER
36	RESPONSE filed by United States of America re: 34 MOTION for Extension of Time to File Response/Reply re: 31 Response/Objection, (Dann, Mark) (Entered: 09/14/2011)	Sept. 14, 2011	Sept. 14, 2011 PACER
37	REPLY filed by Richardson Independent School District re: 34 MOTION for Extension of Time to File Response/Reply re: 31 Response/Objection, (Gonzalez, Jose) (Entered: 09/14/2011)	Sept. 14, 2011	Sept. 14, 2011 PACER
38	ORDER granting in part 34 Motion to Extend Reply Brief Deadline and Unopposed Motion for Leave to File 25 Page Reply Brief. Replies due by 10/3/2011. Defendant RISD's reply brief shall not exceed 25 pages. (Ordered by Judge Reed C O'Connor on 9/14/2011) (skt) (Entered: 09/15/2011)	Sept. 14, 2011	Sept. 14, 2011 PACER
39	REPLY filed by Richardson Independent School District re: 18 MOTION for Declaration of Unitary Status. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s)) (Gonzalez, Jose) Modified on 10/4/2011 (mfw). (Entered: 10/03/2011) 1 Exhibit(s) View on PACER 2 Exhibit(s) View on PACER 3 Exhibit(s) View on PACER 4 Exhibit(s) View on PACER 5 Exhibit(s) View on PACER 6 Exhibit(s) View on PACER 7 Exhibit(s) View on PACER	Oct. 3, 2011	Oct. 3, 2011 PACER
40	NOTICE RISD Semester Report: Spring Semester 2012 filed by Richardson Independent School District (Martin, Mia) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 PACER
41	MOTION for Summary Judgment filed by Richardson Independent School District with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix, # 2 Exhibit(s) App. 001 - 086, # 3 Exhibit(s) App. 087 - 152, # 4 Exhibit(s) App. 153 - 214, # 5 Exhibit(s) App. 215 - 291, # 6 Exhibit(s) App. 292 - 365, # 7 Exhibit(s) App. 366 - 410) (Soto, Ramona) (Entered: 01/20/2012) 1 Exhibit(s) Appendix View on PACER 2 Exhibit(s) App. 001 - 086 View on PACER 3 Exhibit(s) App. 087 - 152 View on PACER 4 Exhibit(s) App. 153 - 214 View on PACER 5 Exhibit(s) App. 215 - 291 View on PACER 6 Exhibit(s) App. 292 - 365 View on PACER 7 Exhibit(s) App. 366 - 410 View on PACER	Jan. 20, 2012	Jan. 20, 2012 PACER
42	NOTICE of Attorney Appearance by Nicholas Ulysses Murphy on behalf of United States of America. (Murphy, Nicholas) (Entered: 01/25/2012)	Jan. 25, 2012	Jan. 25, 2012 PACER
43	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Partial Summary Judgment filed by United States of America (Attachments: # 1 Proposed Order) (Murphy, Nicholas) (Entered: 02/08/2012) 1 Proposed Order View on PACER	Feb. 8, 2012	Feb. 8, 2012 PACER
44	ELECTRONIC ORDER granting 43 Motion to Extend Time to File Response/Reply. (Ordered by Judge Reed C O'Connor on 2/8/2012)(Judge Reed C O'Connor) (Entered: 02/08/2012)	Feb. 8, 2012	Feb. 8, 2012 PACER
45	RESPONSE in opposition filed by United States of America re: 41 MOTION for Summary Judgment (Attachments: # 1 Declaration of Mark Dann). Document submitted via the Court's Emergency Filing E-mail Account.(gmg) (Entered: 02/21/2012) 1 Declaration(s) View on PACER	Feb. 17, 2012	Feb. 17, 2012 PACER
46	MOTION to Compel Plaintiff to Make Disclosures Required by Rule 26(a) filed by Richardson Independent School District with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Appendix in Support) (Soto, Ramona) (Entered: 02/21/2012) 1 Exhibit(s) Appendix in Support View on PACER	Feb. 21, 2012	Feb. 21, 2012 PACER
47	ORDER: Plaintiff's response to Defendant's Motion to Compel (ECF No. 46) is due on or before February 23, 2012. A hearing on this motion is set for 9:00 a.m. on February 24, 2012 in US Courthouse, Courtroom 1520, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 2/21/2012)(chmb)(jg) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012 PACER
48	RESPONSE filed by United States of America re: 46 MOTION to Compel Plaintiff to Make Disclosures Required by Rule 26(a) (Dann, Mark) (Entered: 02/22/2012)	Feb. 22, 2012	Feb. 22, 2012 PACER
49	ORDER denying as moot 46 MOTION to Compel Plaintiff to Make Disclosures Required by Rule 26(a). It is further ORDERED that the hearing currently set in this matter for 2/24/2012 is CANCELLED. (Ordered by Judge Reed C O'Connor on 2/23/2012) (tln) (Entered: 02/23/2012)	Feb. 23, 2012	Feb. 23, 2012 PACER
50	MOTION for Discovery to Expand Number of Depositions filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Murphy, Nicholas) (Entered: 02/29/2012) 1 Proposed Order View on PACER	Feb. 29, 2012	Feb. 29, 2012 PACER
51	ELECTRONIC ORDER deferring ruling on 50 Motion for Discovery and ORDERING RISD to respond to this motion no later than March 5, 2012. (Ordered by Judge Reed C O'Connor on 2/29/2012)(Judge Reed C O'Connor) (Entered: 02/29/2012)	Feb. 29, 2012	Feb. 29, 2012 PACER
52	MOTION for Leave to Extend the Page Limit for Defendant's Reply Brief re 45 Response/Objection filed by Richardson Independent School District (Soto, Ramona) (Entered: 02/29/2012)	Feb. 29, 2012	Feb. 29, 2012 PACER
53	MOTION to Amend/Correct 29 Scheduling Order, filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Dann, Mark) (Entered: 02/29/2012) 1 Exhibit(s) View on PACER	Feb. 29, 2012	Feb. 29, 2012 PACER
54	ELECTRONIC ORDER deferring ruling on 53 Motion to Amend/Correct and ORDERING RISD to file a response no later than March 5, 2012. (Ordered by Judge Reed C O'Connor on 3/1/2012)(Judge Reed C O'Connor) (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
55	ELECTRONIC ORDER granting 52 Motion. (Ordered by Judge Reed C O'Connor on 3/1/2012) (Judge Reed C O'Connor) (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
56	ADDITIONAL ATTACHMENTS to 50 MOTION for Discovery to Expand Number of Depositions by Plaintiff United States of America. (Murphy, Nicholas) (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
57	REPLY filed by Richardson Independent School District re: 41 MOTION for Summary Judgment (Gonzalez, Jose) (Entered: 03/04/2012)	March 4, 2012	March 4, 2012 PACER
58	Appendix in Support filed by Richardson Independent School District re 57 Reply in Response to Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment and Brief in Support (Attachments: # 1 Exhibit(s) Part 1, # 2 Exhibit(s) Part 2) (Gonzalez, Jose) (Entered: 03/04/2012) 1 Exhibit(s) Part 1 View on PACER 2 Exhibit(s) Part 2 View on PACER	March 4, 2012	March 4, 2012 PACER
59	MOTION for Leave to File Supplemental Information In Support of Motion to Modify Scheduling Order filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Dann, Mark) (Entered: 03/05/2012) 1 Exhibit(s) View on PACER	March 5, 2012	March 5, 2012 PACER
60	RESPONSE filed by Richardson Independent School District re: 50 MOTION for Discovery to Expand Number of Depositions (Attachments: # 1 Appendix, # 2 Exhibit(s) Part 1, # 3 Exhibit(s) Part 2) (Soto, Ramona) (Entered: 03/05/2012) 1 Appendix View on PACER 2 Exhibit(s) Part 1 View on PACER 3 Exhibit(s) Part 2 View on PACER	March 5, 2012	March 5, 2012 PACER
61	RESPONSE filed by Richardson Independent School District re: 53 MOTION to Amend/Correct 29 Scheduling Order, (Attachments: # 1 Appendix, # 2 Exhibit(s)) (Parrish, D) (Entered: 03/05/2012) 1 Appendix View on PACER 2 Exhibit(s) View on PACER	March 5, 2012	March 5, 2012 PACER
62	ELECTRONIC ORDER granting 59 Motion for Leave to File. The supplemental information will be considered.(Ordered by Judge Reed C O'Connor on 3/5/2012) (Judge Reed C O'Connor) (Entered: 03/05/2012)	March 5, 2012	March 5, 2012 PACER
63	ELECTRONIC ORDER deferring ruling on 50 Motion for Discovery and setting this motion for hearing in the Dallas courtroom for the undersigned at 9 am March 9, 2012. (Ordered by Judge Reed C O'Connor on 3/5/2012)(/s/ Judge Reed C O'Connor) (Entered: 03/05/2012)	March 5, 2012	March 5, 2012 PACER
64	ELECTRONIC ORDER deferring ruling on 53 Motion to Amend/Correct Scheduling Order and setting this motion for hearing in the Dallas courtroom for the undersigned at 9 am March 9, 2012. (Ordered by Judge Reed C O'Connor on 3/5/2012)(/s/ Judge Reed C O'Connor) Modified on 3/6/2012 (chmb). (Entered: 03/05/2012)	March 5, 2012	March 5, 2012 PACER
65	MOTION for Protective Order filed by Richardson Independent School District (Gonzalez, Jose) (Entered: 03/07/2012)	March 7, 2012	March 7, 2012 PACER
66	ORDER granting 65 Motion for Protective Order. The deposition of Pattie Kieker in her individual capacity, which is set for March 7, 2012 at 10:00 a.m. is QUASHED. (Ordered by Judge Reed C O'Connor on 3/7/2012) (chmb)(jg) (Entered: 03/07/2012)	March 7, 2012	March 7, 2012 PACER
	Deadlines/hearings set per 53 Motion to Amend/Correct, 50 Motion for Discovery. Motion Hearing set for 3/9/2012 09:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Reed C O'Connor. (chmb)	March 8, 2012	March 8, 2012 PACER
67	RESPONSE filed by Richardson Independent School District re: 59 MOTION for Leave to File Supplemental Information In Support of Motion to Modify Scheduling Order (Attachments: # 1 Appendix) (Parrish, D) (Entered: 03/08/2012) 1 Appendix View on PACER	March 8, 2012	March 8, 2012 PACER
68	ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Hearing held. Granting in part and denying in part 50 Motion for Discovery. Granting in part and denying in part 53 Motion to Amend/Correct and 53 Motion to Amend/Correct filed by United States of America, 50 Motion for Discovery filed by United States of America.Plaintiff is granted leave to conduct a total of 20 depositions. The trial in this case is re-set for June 11, 2012. The pretrial conference is cancelled, to be rescheduled at a later date. All remaining pretrial deadlines are extended by 30 days. Defendant RISD is required to produce the agreed-upon electronic stored information in discovery no later than end of business day on Tuesday, March 13, 2012. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 2:00. (chmb) (Entered: 03/09/2012)	March 9, 2012	March 9, 2012 PACER
69	MOTION to Extend Time to Expand the Discovery Deadline to Depose Plaintiff's Experts filed by Richardson Independent School District (Attachments: # 1 Appendix, # 2 Exhibit(s)) (Gonzalez, Jose) (Entered: 04/12/2012) 1 Appendix View on PACER 2 Exhibit(s) View on PACER	April 12, 2012	April 12, 2012 PACER
70	ORDER deferring ruling on 69 Motion to Extend Time and setting hearing. See order for details. Motion Hearing set for 4/16/2012 09:00 AM before Judge Reed C O'Connor.(Ordered by Judge Reed C O'Connor on 4/13/2012)(Judge Reed C O'Connor) (Entered: 04/13/2012)	April 13, 2012	April 13, 2012 PACER
71	RESPONSE filed by United States of America re: 69 MOTION to Extend Time to Expand the Discovery Deadline to Depose Plaintiff's Experts (Murphy, Nicholas) (Entered: 04/13/2012)	April 13, 2012	April 13, 2012 PACER
72	MOTION to Continue Hearing Scheduled For April 16, 2012 filed by United States of America with Brief/Memorandum in Support. (Murphy, Nicholas) (Entered: 04/13/2012)	April 13, 2012	April 13, 2012 PACER
73	NOTICE Annual Report of Richardson Independent School District: 2012 filed by Richardson Independent School District (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D) (Martin, Mia) (Entered: 04/13/2012) 1 Exhibit(s) Exhibit A View on PACER 2 Exhibit(s) Exhibit B View on PACER 3 Exhibit(s) Exhibit C View on PACER 4 Exhibit(s) Exhibit D View on PACER	April 13, 2012	April 13, 2012 PACER
74	ELECTRONIC ORDER granting 72 Motion to Continue. The hearing currently set in this case for 9:00 a.m. on April 16, 2012 is RESET for 9:00 a.m. on April 17, 2012.(Ordered by Judge Reed C O'Connor on 4/13/2012) (chmb)(jg) (Entered: 04/13/2012)	April 13, 2012	April 13, 2012 PACER
75	Notice of Filing of Official Electronic Transcript of Hearing on Motions Proceedings held on 03-09-12 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214-753-2298. 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. (75 pages) Redaction Request due 5/7/2012. Redacted Transcript Deadline set for 5/16/2012. Release of Transcript Restriction set for 7/16/2012. (dbr) (Entered: 04/15/2012)	April 15, 2012	April 15, 2012 PACER
76	ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Motion Hearing held on 4/17/2012, re: 69 MOTION to Extend Time to Expand the Discovery Deadline to Depose Plaintiff's Experts. Court grants Motion 69 . Court refers this case to USMJ Irma Ramirez for a settlement conference. Attorney Appearances: Plaintiff - Mark Dann; Defense - Jose Gonzalez, Marcos Ronquillo, Ramona Soto. (Court Reporter: Denver Roden) (No exhibits) Time in Court - :27. (chmb) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012 PACER
77	ORDER: The Court has scheduled the conference for 4/30/2012 09:00 AM before Magistrate Judge Irma Carrillo Ramirez. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/18/2012) (mcrd) (Entered: 04/19/2012)	April 18, 2012	April 18, 2012 PACER
78	Unopposed MOTION Consider Request for Appointment of Counsel of the Bi-Racial Advisory Committee filed by United States of America with Brief/Memorandum in Support. (Dann, Mark) (Entered: 04/20/2012)	April 20, 2012	April 20, 2012 PACER
79	ORDER granting in part and denying in part 78 Motion. Granted in part in that the US may retain, at its expense, an attorney to represent any BRAC desiring representation.Ordered by Judge Reed C O'Connor on 4/21/2012) (Judge Reed C O'Connor) (Entered: 04/21/2012)	April 21, 2012	April 21, 2012 PACER
80	MOTION Modify Order re 77 Order Setting Deadline/Hearing filed by United States of America with Brief/Memorandum in Support. (Dann, Mark) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012 PACER
81	ELECTRONIC ORDER: Counsel for the United States and RISD contacted the Court by telephone about a dispute over the obligation of Dr. Welch to produce documents at her deposition that she relied on in forming her opinions. After hearing argument over the telephone, it is ORDERED that the deposition of Dr. Welch is suspended to allow for production of the documents she referenced in preparing her expert report. The United States is ORDERED to produce the documents requested by the subpoena duces tecum in time for the deposition of Dr. Welch to resume on April 25, 2012. (Ordered by Judge Reed C O'Connor on 4/24/2012) (chmb)(jg) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012 PACER
82	ORDER granting in part 80 Motion to Modify Order Related to Settlement Conference: The United States shall submit a written settlement offer to Defendant as required by the 77 Order by noon on 4/26/2012; and that the Defendant shall submit a written counter-offer to the United States by 5:00 pm on 4/27/2012. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/24/2012) (ctf) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012 PACER
	ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma Carrillo Ramirez: Settlement Conference held on 4/30/2012. Conference continued. Defendant shall provide to Plaintiff a proposed agreed consent order no later than noon on Wednesday, May 2, 2012, with an electronic copy to "ramirez_orders@txnd.uscourts.gov." Plaintiff shall respond to the proposed agreed consent order no later than 10:00 a.m. on Monday, May 7, 2012, with an electronic copy to the court. If necessary, the conference will then be reconvened. Attorney Appearances: Plaintiff - Mark Dann, Nick Murphy, T.J. Johnson; Defense - Marcos G. Ronquillo, Jose L. Gonzalez, Patti Kieker, Kay Waggoner, Mia Martin. (Court Reporter: Not Recorded) Time in Court - 9:30. (mcrd)	April 30, 2012	April 30, 2012 PACER
83	Joint STATUS REPORT filed by Richardson Independent School District, United States of America. (Soto, Ramona) (Entered: 05/07/2012)	May 7, 2012	May 7, 2012 PACER
	***Case Reopened per chambers. (gmg)	May 7, 2012	May 7, 2012 PACER
84	Proof of Service for Subpoena(s) in a civil case; served on Tony Reynolds on 5/14/2012. (tln) (Entered: 05/16/2012)	May 16, 2012	May 16, 2012 PACER
85	NOTICE of Objections to Defendant's Pre-Trial Disclosures filed by United States of America (Murphy, Nicholas) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012 PACER
86	NOTICE Defendant's Objections to Plaintiff's Rule 26(a)(3) Pretrial Disclosures filed by Richardson Independent School District (Soto, Ramona) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012 PACER
87	Witness List by Richardson Independent School District. (Soto, Ramona) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
88	TRIAL BRIEF on the Issue of Burden of Proof Regarding Discipline by Richardson Independent School District. (Soto, Ramona) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
89	Proposed Findings of Fact by Richardson Independent School District. (Soto, Ramona) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
90	Exhibit List by Richardson Independent School District. (Soto, Ramona) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
91	Exhibit List by United States of America. (Murphy, Nicholas) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
92	Witness List by United States of America. (Murphy, Nicholas) (Entered: 05/30/2012)	May 30, 2012	May 30, 2012 PACER
93	Exhibit List CORRECTED by United States of America. (Attachments: # 1 Plaintiff's Written Statement) (Murphy, Nicholas) (Entered: 05/30/2012) 1 Plaintiff's Written Statement View on PACER	May 30, 2012	May 30, 2012 PACER
94	MOTION in Limine filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Dann, Mark) (Entered: 05/30/2012) 1 Exhibit(s) View on PACER	May 30, 2012	May 30, 2012 PACER
95	MOTION in Limine (corrected) filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Dann, Mark) (Entered: 05/31/2012) 1 Exhibit(s) View on PACER	May 31, 2012	May 31, 2012 PACER
96	ORDER: The above-styled action is set for a bench trial beginning on Monday, 6/11/2012. The Court hereby notifies the parties that each side will be limited to twenty (20) hours to present its case, including its case-in-chief and any cross-examination. Trial will commence at 8:00 a.m. on 6/11/2012. (Ordered by Judge Reed C O'Connor on 5/31/2012) (ctf) (Entered: 05/31/2012)	May 31, 2012	May 31, 2012 PACER