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11-360 - Perez et al v. Perry et al


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11-360 - Perez et al v. Perry et al
September 14, 2011
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ORDER GRANTING 306 Motion to Withdraw Motion to Exclude Expert Testimony of Dr. Norfleet W. Rives. The Motion to Exclude is hereby withdrawn 300. Signed by Judge Orlando L. Garcia. (tm)
November 25, 2011
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ORDER DENYING 529 Opposed MOTION to Stay Implementation of Interim House Redistricting Plan filed by Hope Andrade, State of Texas, Rick Perry.Signed by Judge Orlando L. Garcia, Circuit Judge Jerry E. Smith, Judge Xavier Rodriguez. (mo,)
August 30, 2012
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ORDER GRANTING 708 Motion to Expedite. The panel will conduct a hearing at 1:30 p.m. on Friday, August 31, 2012 in Courtroom 2. Any party objecting to this conference or the time and date shall file an objection by 2:30 today. Signed by Judge Orlando L. Garcia. (kh, )
September 6, 2013
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ORDER - After careful deliberation, the Court grants the parties' request to amend their pleadings and denies Defendants' motion to dismiss the 2011 claims as moot. All legal challenges and requests for injunctive, declaratory and equitable relief relating to the 2011 and 2013 enacted plans will remain in this Court. The Court has also concluded, however, that a full, fair and final review of all issues before this Court cannot be completed prior to the upcoming deadlines for the 2014 elections. Thus, for reasons explained herein, the Court ORDERS that the 2013 enacted plans for the United States House of Representatives (Plan C235) and the Texas House of Representatives (Plan H358) be used as interim plans for the 2014 elections. These plans are being used on an interim basis only, and nothing in this order should be construed as aruling on the merits of any claims, causes of actions, or requests for relief that have been asserted in this consolidated action. The Court therefore makes the following rulings: Plaintiffs' 2011 plan claims are not moot and Plaintiffs may amend their complaints to add requests for relief under § 3(c) of the Voting Rights Act. Defendants' motion to dismiss the 2011 plan claims as moot (docket no. 786) is DENIED. After the Supreme Courts decision in Shelby County, the Task Force Plaintiffs filed an emergency motion to amend the injunction preventing use of the 2011 plans because they had not been precleared. Since Texas has repealed the 2011 plans and does not intend to implement them, and they remain enjoined in any event unless and until the Court lifts the injunction, the motion (docket no. 761) is DENIED. Plaintiffs may amend or supplement their complaints to add claims under § 2 and the Constitution, as well as requests for relief under § 3(c) of the Voting Rights Act, with regard to the 2013 plans (Plan C235 and Plan H358). The motions for leave to amend or supplement filed by Congressman Cuellar (docket no. 774); the NAACP, African-American Congresspersons, LULAC, Rodriguez Plaintiffs, and Quesada Plaintiffs (docket no. 776); the Perez Plaintiffs (docket no. 777); the Mexican American Legislative Caucus (docket no. 779); and the Texas Latino Redistricting Task Force (docket no. 780) are GRANTED. The Perez Plaintiffs' original motion to amend (docket no. 775) is DISMISSED AS MOOT because an amended motion was filed. As noted, it is unclear whether some Plaintiffs are intending to maintain their 2011 plan claims or request § 3(c) relief with regard to the 2011 plan claims. Plaintiffs' amended complaints should clearly specify whether such claims are being maintained, and Plaintiffs are granted further leave to amend their proposed complaints to clarify their claims or to correct errors identified herein. The Texas Democratic Party and Gilberto Hinojosa, as well as John Morris, are granted leave to amend their complaints to assert political gerrymandering claims against the 2013 plans. The motion for leave to file amended cross-claim by the Texas Democratic Party and Gilberto Hinojosa (docket no. 778) and John Morriss motion for leave to amend (docket no. 784) are GRANTED. Morriss motion for extension of time to file (docket no. 782) is GRANTED. Morriss original motion to amend (docket no. 783) is DISMISSED AS MOOT because an amended motion was filed. Because the Court is allowing the Texas Democratic Party, Hinojosa, and Morris to assert political gerrymandering claims against the 2013 plans, their motions to reconsider the Courts dismissal of their political gerrymandering claims against the 2011 plans (docket nos. 384, 386) are DENIED. The Court emphasizes that, in allowing amendment to assert new claims, including requests for relief under § 3(c), the Court makes no determination of the merits of those claims, but simply permits the Plaintiffs to place such claims before the Court. Signed by U.S. Circuit Judge Judge Jerry E. Smith, U.S. District Judge Orlando L. Garcia and U.S. District Judge Xavier Rodriguez. (kh)
September 6, 2013
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ORDER GRANTING Plaintiffs opposed joint motion for leave to reopen the record to provide supplemental evidence (Dkt. # 789790822826). Signed by Judge Orlando L. Garcia (on behalf of the three judge panel) (kh)
September 6, 2013
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ORDER - Pending before the Court is the Latino Task Force plaintiffs opposed motion for reconsideration of portion of order on supplementation of record (Dkt. # 834). The Perez plaintiffs filed a memorandum in support of the Latino Task Forces motion (Dkt. # 837). Defendants filed a response (Dkt. # 849), and Plaintiffs filed a joint reply (Dkt. # 870). The Court has considered the legal arguments of counsel, and finds that Plaintiffs motion should be DENIED without prejudice to reurging same if any witnesses are unavailable to testify in person. Signed by Judge Orlando L. Garcia (on behalf of the three judge panel) (kh)
September 24, 2013
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ORDER GRANTING 871 United States' Motion to Intervene Signed by Judge Orlando L. Garcia and Judge Xavier Rodriguez. United States Circuit Judge Jerry E. Smith, dissenting. (kh)
January 8, 2014
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ORDER DENYING 843 Motion for Attorney Fees; DENYING 844 Motion for Attorney Fees; DENYING 845 Motion for Attorney Fees; DENYING 847 Motion for Attorney Fees; DENYING 848 Motion for Attorney Fees; DENYING 851 Motion for Attorney Fees; DENYING 853 Motion for Attorney Fees; DENYING 854 Motion for Attorney Fees; DENYING 859 Motion for Attorney Fees Signed by Judge Orlando L. Garcia, Circuit Judge Jerry E. Smith, Judge Xavier Rodriguez. (rf)
January 8, 2014
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ORDER DENYING 930 Motion to Modify Order regarding legislative privilege. Signed by Judge Orlando L. Garcia, Circuit Judge Jerry E. Smith, Judge Xavier Rodriguez. (rf)
May 6, 2014
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ORDER GRANTING IN PART AND DENYING IN PART 976 Motion to Compel. Signed by Judge Orlando L. Garcia. (aej)
May 20, 2014
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ORDER DENYING 991 Motion for Reconsideration. Signed by Judge Orlando L. Garcia. (aej)
June 5, 2014
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ORDER GRANTING IN PART AND DENYING IN PART 1012 Motion to Compel; GRANTING 1024 Motion for Protective Order. Signed by Judge Orlando L. Garcia. (rf)
June 17, 2014
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ORDER GRANTING IN PART AND DENYING IN PART 995 Motion to Dismiss. The motion to dismiss the 2011 plan claims as moot is DENIED and the motion to dismiss the political gerrymandering claims against the 2013 plan claims is GRANTED. Accordingly, all claims asserted by TDP and Morris are DISMISSED. The Court expresses no view on the ultimate merits or chances of success of the claims that remain for decision. Signed by Judge Orlando L. Garcia, Circuit Judge Jerry E. Smith, Judge Xavier Rodriguez. (aej) Modified on 6/17/2014 to include all Judges (aej).
July 9, 2014
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ORDER GRANTING IN PART AND DENYING IN PART 1107 Motion to Compel. Signed by Judge Orlando L. Garcia. (aej)
July 11, 2014
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ORDER GRANTING 1133 Motion to Present Testimony Prior to Opening Statements.Signed by Judge Orlando L. Garcia. (wg)
July 11, 2014
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ORDER GRANTING IN PART & DENIED IN PART 1069 Motion to Compel Testimony; DENYING 1069 Motion to exclude Testimony; Signed by Judge Orlando L. Garcia. (wg)
July 11, 2014
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AMENDED ORDER re 1133 GRANTING Unopposed MOTION for Leave to Present Testimony Prior to Opening Statements filed by United States of America. Signed by Judge Orlando L. Garcia. (wg)
November 6, 2015
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ORDER DENYING 1319 Motion for Preliminary Injunction on Implementation of 2013 Redistricting Plans for 2016 Election Cycle. Signed by Judge Orlando L. Garcia, Judge Jerry E. Smith and Judge Xavier Rodriguez. (aej)
March 10, 2017
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MEMORANDUM OPINION AND ORDER on Plan C185 claims. Signed by Judge Xavier Rodriguez and Chief Judge Orlando L. Garcia. Circuit Judge Smith dissenting.
April 20, 2017
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FACT FINDINGS - PLAN H283. Signed by Chief Judge Orlando L. Garcia and Judge Xavier Rodriguez. (aej) Modified on 4/20/2017 to add signing judge (aej).
April 20, 2017
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ORDER on Plan H283. Signed by Chief Judge Orlando L. Garcia, Judge Xavier Rodriguez and Circuit Judge Jerry E. Smith dissenting. (aej) Modified on 4/24/2017 to reflect all judges(aej).
May 1, 2017
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ORDER DENYING 1358 Motion to Certify Order for Interlocutory Appeal. Signed by Judge Jerry E. Smith, Chief Judge Orlando L. Garcia and Judge Xavier Rodriguez. (aej)
May 1, 2017
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ORDER DENYING 1348 Motion to Substitute Party. Signed by Judge Xavier Rodriguez, Chief Judge Orlando L. Garcia and Judge Jerry E. Smith (aej)
May 1, 2017
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ORDER GRANTING IN PART AND DENYING IN PART 996 Motion for Summary Judgment. Signed by Judge Xavier Rodriguez, Chief Judge Orlando L. Garcia and Judge Jerry E. Smith (aej)
May 2, 2017
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AMENDED ORDER on Plan C185. Signed by Chief Judge Orlando L. Garcia and Judge Xavier Rodriguez and Judge Jerry E. Smith dissenting. (aej) Modified on 5/3/2017 (aej).
August 15, 2017
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ORDER on Plan C235. Signed by Judge Xavier Rodriguez, Chief Judge Orlando Garcia and Circuit Judge Jerry E. Smith. (aej)
August 24, 2017
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ORDER on Plan H358. Signed by Judge Xavier Rodriguez, Chief Judge Orlando Garcia and Circuit Judge Jerry E. Smith. (aej) Modified on 8/24/2017 to include all judges (aej).