Case: Harding v. County of Dallas, Texas

3:15-cv-00131 | U.S. District Court for the Northern District of Texas

Filed Date: Jan. 15, 2015

Closed Date: Aug. 23, 2018

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Case Summary

A group of four, non-Hispanic white voters (Anglo) in Dallas County, Texas brought suit against the county in 2015, alleging violations of Section 2 of the Voting Rights Act (52 USC Section 10301) and the Equal Protection Clause of the Fourteenth Amendment. Specifically, the Anglo voters claimed that the Commissioners Court diluted the Anglo vote by choosing to “pack” an Anglo super-majority into one of Dallas County’s four districts. For reference, of the four districts in Dallas County, one w…

Specifically, the Anglo voters claimed that the Commissioners Court diluted the Anglo vote by choosing to “pack” an Anglo super-majority into one of Dallas County’s four districts. For reference, of the four districts in Dallas County, one was 69.8% Anglo, a second 21.7% Anglo, a third 17.3% Anglo, and a fourth 18.2% Anglo. The Plaintiffs claimed that it was possible to create two compact districts that possessed 50% Anglo populations, and that by not doing so the Commissioners Court illegally diluted the Anglo vote and violated Section 2 of the Voting Rights Act. The Plaintiffs’ further argued that this constituted intentional discrimination under the Equal Protection Clause of the Fourteenth Amendment, as the Commissioners Court created a map that denied the Anglo “minority” (48% of county population) the chance to meaningfully participate in the choice of any district commissioners outside of the packed super-majority district.

The Court rejected both claims. In order to prove vote dilution as a violation of Section 2 of the Voting Rights Act, a plaintiff must establish all of the Gingles factors. To establish the Gingles factors, a plaintiff must show 1) the minority group is sufficiently large and geographically compact to constitute a majority in a single member district, 2) the minority group is politically cohesive, and 3) the majority votes sufficiently as a bloc to enable defeat of the minority’s preferred candidate. The ultimate question and purpose of this analysis is to establish whether a minority group has the potential to elect a representative of its own choice in a possible district that racially polarized voting prevents it from doing so. The court stated that even if it were to assume that plaintiffs met all three Gingles factors, they would still fail to prove the ultimate question of the question of vote dilution under Section 2 because they did not prove that the minority group of Anglos has the potential to elect a Republican, as plaintiffs argued. Plaintiffs failed to account for the undisputed fact that 23% of Anglos in Dallas County voted Democrat and that the potential redrawing of districts would sweep in Anglos that did not reliably vote Republican. As such, plaintiffs could not produce any evidence that the Commissioners Court could have created two performing Anglo Republican districts, and the court rejected the claim of vote dilution.

For the equal protection claim, in order to succeed, the plaintiffs’ needed to show that the purpose and operative effect of the map drawing was to dilute the voting strength of the Anglo minority in Dallas county—commonly known as intentional discrimination and actual discriminatory effect. To prove discriminatory effect, plaintiffs needed to establish that the map drawing impermissibly diluted the voting rights of the Anglo minority, which would generally require proof that the minority’s voting potential has been minimized or canceled out. Because the court found that there was no actual dilution of voter strength, the equal protection claim failed as well. It dismissed the action with prejudice.

Summary Authors

Ben Stievater (6/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4391422/parties/harding-v-county-of-dallas-texas/

Judge(s)

Attorney for Plaintiff

Alvarez, Elizabeth (Texas)

Cox, John T (Texas)

Attorney for Defendant

Baccus-Lobel, Shirley (Texas)

Brazil, K Scott (Texas)

Expert/Monitor/Master/Other

Daniel, Evelyn F (Texas)

Judge(s)

Fitzwater, Sidney Allen (Texas)

Attorney for Plaintiff

Alvarez, Elizabeth (Texas)

Cox, John T (Texas)

Fielding, Jeremy A (Texas)

Krabill, Kent D (Texas)

Morenoff, Daniel I (Texas)

Attorney for Defendant

Baccus-Lobel, Shirley (Texas)

Brazil, K Scott (Texas)

Harlan, Peter L (Texas)

Hebert, Gerald (Texas)

Knox, Christopher Monroe (Texas)

Ravkind, William M (Texas)

Rios, Rolando Leo (Texas)

Other

Daniel, Evelyn F (Texas)

Dunn, Chad W (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:15-cv-00131	Original Complaint	Jan. 15, 2015	Jan. 15, 2015 Complaint
13 3:15-cv-00131	Motion to Dismiss	March 13, 2015	March 13, 2015 Pleading / Motion / Brief
15 3:15-cv-00131	Memorandum in Support of Defendants' Motion to Dismiss	March 13, 2015	March 13, 2015 Pleading / Motion / Brief
18 3:15-cv-00131	Order Denying Motion to Dismiss	April 3, 2015	April 3, 2015 Order/Opinion
19 3:15-cv-00131	Defendants' First Amended Motion to Dismiss	April 16, 2015	April 16, 2015 Pleading / Motion / Brief
20 3:15-cv-00131	Memorandum in Support of Defendants' First Amended Motion to Dismiss	April 16, 2015	April 16, 2015 Pleading / Motion / Brief
27 3:15-cv-00131	Memorandum Opinion and Order	May 28, 2015	May 28, 2015 Order/Opinion 2015 WL 11121002
31 3:15-cv-00131	Second Amended Complaint	July 10, 2015	July 10, 2015 Complaint
85 3:15-cv-00131	Defendants' Motion to Exclude Opinions of Dr. Peter Morrison	Dec. 1, 2017	Dec. 1, 2017 Pleading / Motion / Brief
86 3:15-cv-00131	Defendants' Motion to Exclude Opinions of Dr. Ben Voth	Dec. 1, 2017	Dec. 1, 2017 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4391422/harding-v-county-of-dallas-texas/

Last updated April 16, 2026, 5:03 a.m.

ECF Number	Date	Description	Link
1	Jan. 15, 2015	COMPLAINT against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer. (Filing fee $400; Receipt number 0539-6538284) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Morenoff, Daniel) (Entered: 01/15/2015) 1 Cover Sheet View on PACER	RECAP
2	Jan. 15, 2015	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer. (Morenoff, Daniel) (Entered: 01/15/2015)	RECAP
3	Jan. 15, 2015	New Case Notes: A filing fee has been paid. File to Judge Fitzwater. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (jrr) (Entered: 01/15/2015)	RECAP
4	Jan. 15, 2015	Summons Issued as to All Defendants. (jrr) (Entered: 01/15/2015)	RECAP
5	Jan. 26, 2015	SUMMONS Returned Executed as to John Wiley Price; served on 1/21/2015. (bdb) (Entered: 01/26/2015)	RECAP
6	Jan. 26, 2015	SUMMONS Returned Executed as to Clay Lewis Jenkins; served on 1/21/2015. (bdb) (Entered: 01/26/2015)	RECAP
7	Jan. 26, 2015	SUMMONS Returned Executed as to Elba Garcia; served on 1/21/2015. (bdb) (Entered: 01/26/2015)	RECAP
8	Jan. 26, 2015	SUMMONS Returned Executed as to Theresa Daniel; served on 1/21/2015. (bdb) (Entered: 01/26/2015)	RECAP
9	Jan. 26, 2015	SUMMONS Returned Executed as to County of Dallas, Texas; served on 1/21/2015. (bdb) (Entered: 01/26/2015)	RECAP
10	Jan. 27, 2015	SUMMONS Returned Executed as to Mike Cantrell; served on 1/26/2015. (bdb) (Entered: 01/27/2015)	RECAP
11	Feb. 2, 2015	Unopposed Motion for Extension of Time to File Answer Or Other Responsive Pleading filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Harlan, Peter) (Entered: 02/02/2015)	RECAP
12	Feb. 2, 2015	ORDER granting 11 Unopposed Motion for Extension of Time to File Answer Or Other Responsive Pleading filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 2/2/2015) (Judge Sidney A Fitzwater) (Entered: 02/02/2015)	RECAP
13	March 13, 2015	Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Dunn, Chad) (Entered: 03/13/2015)	RECAP
14	March 13, 2015	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 03/13/2015)	RECAP
15	March 13, 2015	Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 1 Complaint, (Dunn, Chad) (Entered: 03/13/2015)	RECAP
16	March 23, 2015	Order for Scheduling Order Proposal: Scheduling Proposal due by 4/22/2015. (Ordered by Judge Sidney A Fitzwater on 3/23/2015) (chmb) (Entered: 03/23/2015)	RECAP
17	April 3, 2015	AMENDED COMPLAINT against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Morenoff, Daniel) (Entered: 04/03/2015)	RECAP
18	April 3, 2015	ORDER denying without prejudice 13 Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 4/3/2015) (Judge Sidney A Fitzwater) (Entered: 04/03/2015)	RECAP
19	April 16, 2015	First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 04/16/2015)	RECAP
20	April 16, 2015	Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Dunn, Chad) (Entered: 04/16/2015)	RECAP
21	April 22, 2015	Proposal for contents of scheduling and discovery order by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 04/22/2015)	RECAP
22	April 28, 2015	SCHEDULING ORDER: Amended Pleadings due by 12/15/2015. Discovery due by 3/25/2016. Joinder of Parties due by 8/3/2015. Dispositive Motions due by 4/24/2016. Status Report due by 3/25/2016. The court will set the case for trial by separate order. (Ordered by Judge Sidney A Fitzwater on 4/28/2015) (chmb) (Entered: 04/28/2015)	RECAP
23	April 30, 2015	NOTICE of Attorney Appearance by Gerald Hebert on behalf of Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins. (Filer confirms contact info in ECF is current.) (Hebert, Gerald) (Entered: 04/30/2015)	RECAP
24	April 30, 2015	NOTICE of Attorney Appearance by Gerald Hebert on behalf of Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Filer confirms contact info in ECF is current.) (Hebert, Gerald) (Entered: 04/30/2015)	RECAP
25	May 7, 2015	RESPONSE filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer re: 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Morenoff, Daniel) (Entered: 05/07/2015)	RECAP
26	May 21, 2015	REPLY filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 19 First MOTION to Amend/Correct 13 Motion to Dismiss for Failure to State a Claim (Dunn, Chad) (Entered: 05/21/2015)	RECAP
27	May 28, 2015	MEMORANDUM OPINION AND ORDER denying 19 First MOTION Motion to Dismiss for Failure to State a Claim filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 5/28/2015) (Judge Sidney A Fitzwater)	RECAP
28	June 11, 2015	ANSWER to 17 Amended Complaint,, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dunn, Chad) (Entered: 06/11/2015)	RECAP
29	July 10, 2015	Unopposed MOTION for Leave to File Second Amended Complaint Including Additional Named PlaintiffHolly Knight Morse filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Johannes Peter Schroer (Attachments: # 1 Proposed Amendment). Party Holly Knight Morse added. (Morenoff, Daniel) (Entered: 07/10/2015)	RECAP
30	July 10, 2015	ORDER granting 29 Unopposed Motion to Add Additional Named Plaintiff. IT IS THEREFORE ORDERED that the Motion is GRANTED and that the Plaintiffs are authorized to file a Second Amended Complaint substantially similar to that attached to the Motion as Exhibit "A", so adding Holly Knight Morse as a named plaintiff in this litigation. (Ordered by Judge Sidney A Fitzwater on 7/10/2015) (ctf) (Entered: 07/10/2015)	RECAP
31	July 10, 2015	AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Gregory R Jacobs, Ray Huebner, Anne Harding, Morgan McComb, Johannes Peter Schroer, Holly Knight Morse. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Morenoff, Daniel) (Entered: 07/10/2015)	RECAP
32	July 23, 2015	ANSWER to 31 Amended Complaint,, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Dunn, Chad) (Entered: 07/23/2015)	RECAP
33	Sept. 28, 2015	NOTICE of Counsel Agreement Regarding Inadvertent Production of Documents filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Dunn, Chad) (Entered: 09/28/2015)	RECAP
34	Oct. 5, 2015	Agreed MOTION to Amend/Correct 22 Scheduling Order, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order Proposed Order re Motion to Amend Scheduling Order) (Dunn, Chad) (Entered: 10/05/2015)	RECAP
35	Oct. 6, 2015	ORDER ON AGREED MOTION TO AMEND SCHEDULING ORDER granting 34 Agreed MOTION to Amend/Correct 22 Scheduling Order. Amended Pleadings due by 6/24/2016. Discovery due by 9/15/2016. Joinder of Parties due by 8/3/2015. Motions due by 10/14/2016. Status Report due by 9/15/2016. Trial to be set by the court by separate order. (Ordered by Judge Sidney A Fitzwater on 10/6/2015) (ran) (Entered: 10/06/2015)	RECAP
36	Dec. 11, 2015	*STRICKEN PER 37 ORDER* MOTION for Leave to File Victim Impact Statements filed by Evelyn F Daniel. (axm) Modified on 12/17/2015 (mem). (Entered: 12/11/2015)	RECAP
37	Dec. 17, 2015	ORDER striking 36 MOTION to give victim statement from defendant. (Ordered by Judge Sidney A Fitzwater on 12/17/2015) (Judge Sidney A Fitzwater) (Entered: 12/17/2015)	RECAP
	Dec. 17, 2015	Order Receipt
	Dec. 17, 2015	***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Thu Dec 17 10:10:06 CST 2015 (crt)
38	March 30, 2016	Unopposed MOTION to Dismiss Plaintiff Morgan McComb filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Rios, Rolando) (Entered: 03/30/2016)	RECAP
39	April 5, 2016	ORDER GRANTING UNOPPOSED 38 MOTION TO WITHDRAW PLAINTIFF MORGAN MCCOMB. (Ordered by Judge Sidney A Fitzwater on 4/5/2016) (sss) (Entered: 04/05/2016)	RECAP
	April 5, 2016	Order Receipt
	April 5, 2016	***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Tue Apr 5 11:59:16 CDT 2016 (crt)
40	April 12, 2016	Agreed MOTION to Amend/Correct 35 Order on Agreed Motion to Amend Scheduling Order, filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Anne Harding, Ray Huebner, Gregory R Jacobs, Clay Lewis Jenkins, Holly Knight Morse, John Wiley Price, Johannes Peter Schroer (Attachments: # 1 Proposed Order) (Dunn, Chad) Modified text on 4/13/2016 (mem). (Entered: 04/12/2016)	RECAP
41	April 15, 2016	ORDER re: 40 Agreed Motion to Amend Scheduling Order. Joinder of Parties due by 8/3/2015. Amended Pleadings due by 12/27/2106. Discovery due by 3/14/2017. Status Report due by 3/14/2017. Motions due by 4/7/2017. (Ordered by Judge Sidney A Fitzwater on 4/15/2016) (axm) (Entered: 04/15/2016)	RECAP
42	May 12, 2016	MOTION to Compel filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 05/12/2016)	RECAP
43	May 12, 2016	Brief in Support by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer as to 42 MOTION to Compel Brief in Support of Motion to Compel. (Attachments: # 1 Appendix) (Morenoff, Daniel) Modified on 5/13/2016 to enhance title of document (dss). (Entered: 05/12/2016)	RECAP
44	May 26, 2016	MOTION for Extension of Time to File Response/Reply to 42 MOTION to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 05/26/2016)	RECAP
45	May 26, 2016	ORDER granting 44 MOTION for Extension of Time to File Response to 42 MOTION to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price Response due by 6/10/2016 (Ordered by Judge Sidney A Fitzwater on 5/26/2016) (Judge Sidney A Fitzwater) (Entered: 05/26/2016)	RECAP
46	June 10, 2016	Unopposed MOTION for Leave to File Extend Page Limits on Defendants' Response to Plaintiffs' Motion to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 06/10/2016)	RECAP
47	June 10, 2016	RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 42 MOTION to Compel (Dunn, Chad) (Entered: 06/10/2016)	RECAP
48	June 10, 2016	Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 42 MOTION to Compel, 43 Supplemental Document, (Attachments: # 1 Exhibit(s) Appendix) (Dunn, Chad) (Entered: 06/10/2016)	RECAP
49	June 10, 2016	ELECTRONIC ORDER granting 46 Unopposed MOTION for Leave to File Extend Page Limits on Defendants' Response to Plaintiffs' Motion to Compel filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sidney A Fitzwater on 6/10/2016) (Judge Sidney A Fitzwater) (Entered: 06/10/2016)	RECAP
50	June 24, 2016	MOTION for Leave to File Reply Brief with Extended Page Limit filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Attachments: # 1 Proposed Order) (Morenoff, Daniel) (Entered: 06/24/2016)	RECAP
51	June 24, 2016	REPLY filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 42 MOTION to Compel (Morenoff, Daniel) (Entered: 06/24/2016)	RECAP
52	June 27, 2016	ELECTRONIC ORDER granting 50 MOTION for Leave to File Reply Brief with Extended Page Limit filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sidney A Fitzwater on 6/27/2016) (Judge Sidney A Fitzwater) (Entered: 06/27/2016)	RECAP
53	July 8, 2016	MOTION for Leave to File Sur Reply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order, # 2 Proposed Sur Reply) (Dunn, Chad) (Entered: 07/08/2016)	RECAP
54	July 11, 2016	ORDER granting 53 MOTION for Leave to File Surreply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Unless the document has already been filed, clerk to enter the document as of the date of this order.). Plaintiffs granted leave to file final reply. Final Reply due by 7/25/2016. (Ordered by Judge Sidney A Fitzwater on 7/11/2016) (Judge Sidney A Fitzwater) (Entered: 07/11/2016)	RECAP
55	July 11, 2016	Sur-reply filed by Mike Cantrell, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 42 MOTION to Compel . (bdb) (Entered: 07/11/2016)	RECAP
56	July 26, 2016	Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 42 MOTION to Compel (Attachments: # 1 Exhibit(s) Exhibit A) (Dunn, Chad) (Entered: 07/26/2016)	RECAP
57	Oct. 18, 2016	TRIAL SETTING ORDER: This case is set for trial on 10/30/2017 for a two-week docket before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 10/18/2016) (ash) (Entered: 10/18/2016)	RECAP
58	Oct. 27, 2016	Agreed MOTION to Vacate 41 Order on Motion to Amend/Correct, Certain Deadlines in the Scheduling Order filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 10/27/2016)	RECAP
59	Oct. 27, 2016	ORDER VACATING CERTAIN DEADLINES IN THE SCHEDULING ORDER: All existing deadlines set out in this court's 41 Order on Agreed Motion to Amend Scheduling Order, are hereby vacated. (Ordered by Judge Sidney A Fitzwater on 10/27/2016) (epm) (Entered: 10/27/2016)	RECAP
60	Dec. 23, 2016	MEMORANDUM OPINION AND ORDER granting in part and denying in part 42 Motion to Compel filed by Holly Knight Morse, Anne Harding, Ray Huebner, Gregory R Jacobs, Johannes Peter Schroer. (Ordered by Judge Sidney A Fitzwater on 12/23/2016) (Judge Sidney A Fitzwater)	RECAP
61	Jan. 17, 2017	Agreed MOTION to Extend Time Court Deadline filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 01/17/2017)	RECAP
62	Jan. 18, 2017	ORDER granting 61 Motion to Extend Time. The deadline set in the Court's order of 12/23/2016 (ECF 60 ) is hereby extended to 1/25/2017. (Ordered by Judge Sidney A Fitzwater on 1/18/2017) (axm) (Entered: 01/18/2017)	RECAP
63	Jan. 25, 2017	RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 60 Memorandum Opinion and Order, (Attachments: # 1 Exhibit(s) Exhibit 2) (Dunn, Chad) (Entered: 01/25/2017)	RECAP
65	March 6, 2017	Joint Submission of the Parties Regarding Discovery and Further Scheduling by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) Modified text on 3/6/2017 (rekc). (Entered: 03/06/2017)	RECAP
66	March 13, 2017	ORDER re 64 In Camera Inspection. Disclosure and Response due by 3/27/2017. (Ordered by Judge Sidney A Fitzwater on 3/13/2017) (Judge Sidney A Fitzwater) (Entered: 03/13/2017)	RECAP
67	May 1, 2017	PROOF OF SERVICE OF SUBPOENA by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Holly Knight Morse, Johannes Peter Schroer. (aaa) (Entered: 05/02/2017)	RECAP
68	May 10, 2017	Unopposed MOTION to Withdraw Ray Huebner with Prejudice filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 05/10/2017)	RECAP
69	May 10, 2017	ORDER granting 68 Unopposed Motion to Withdraw Ray Huebner with prejudice. Ray Huebner is dismissed as a plaintiff. (Ordered by Judge Sidney A Fitzwater on 5/10/2017) (axm) (Entered: 05/10/2017)	RECAP
70	May 18, 2017	Joint MOTION to Continue Trial Date and for New Scheduling Order filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order Proposed Order) (Dunn, Chad) (Entered: 05/18/2017)	RECAP
71	May 25, 2017	ORDER ON 70 JOINT MOTION TO CONTINUE TRIAL DATE AND FOR NEW SCHEDULING ORDER: Amended Pleadings due by 9/22/2017. Discovery due by 10/13/2017. Joinder of Parties due by 9/22/2017. Motions due by 10/27/2017. Status Report due by 10/13/2017. Trial set for Court's two-week docket beginning 3/5/2018 before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 5/25/2017) (sss) (Entered: 05/25/2017)	RECAP
72	June 16, 2017	ORDER: The trial of this case is reset to the two-week docket of 4/16/18. (Ordered by Judge Sidney A Fitzwater on 6/16/2017) (ash) (Entered: 06/16/2017)	RECAP
73	Sept. 12, 2017	Joint MOTION to Extend Time filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 09/12/2017)	RECAP
74	Sept. 13, 2017	ORDER GRANTING EXTENDED DEADLINES: Designation of expert witnesses and action in compliance with Rule 26(a)(2) due by 11/13/2017. Discovery and joint status report due 11/13/2017. All motions, including dispositive motions, due by 12/1/2017. Any supplement to expert reports and opinions to reflect American Community Survey data due 1/12/2018. (Ordered by Judge Sidney A Fitzwater on 9/13/2017) (ash) (Entered: 09/13/2017)	RECAP
75	Nov. 3, 2017	MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Proposed Order) (Dunn, Chad) (Entered: 11/03/2017)	RECAP
76	Nov. 3, 2017	ORDER setting briefing deadlines re 75 MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. Response due by 11/13/2017. Reply due by 11/16/2017. (Ordered by Judge Sidney A Fitzwater on 11/3/2017) (Judge Sidney A Fitzwater) (Entered: 11/03/2017)	RECAP
77	Nov. 8, 2017	NOTICE of Attorney Appearance by Elizabeth Alvarez on behalf of Anne Harding. (Filer confirms contact info in ECF is current.) (Alvarez, Elizabeth) (Entered: 11/08/2017)	RECAP
78	Nov. 13, 2017	Joint STATUS REPORT filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Dunn, Chad) (Entered: 11/13/2017)	RECAP
79	Nov. 13, 2017	OBJECTION filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 75 MOTION for Protective Order (Morenoff, Daniel) (Entered: 11/13/2017)	RECAP
80	Nov. 13, 2017	MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 11/13/2017)	RECAP
81	Nov. 13, 2017	Brief/Memorandum in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 79 Response/Objection, 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Attachments: # 1 Appendix) (Morenoff, Daniel) (Entered: 11/13/2017) 1 Appendix View on PACER	RECAP
82	Nov. 16, 2017	REPLY filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Attachments: # 1 Appendix) (Dunn, Chad) (Entered: 11/16/2017)	RECAP
83	Nov. 17, 2017	ORDER denying 75 MOTION for Protective Order filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price. (Ordered by Judge Sidney A Fitzwater on 11/17/2017) (Judge Sidney A Fitzwater) (Main Document 83 replaced on 11/17/2017) (Fitzwater, Sidney). (Entered: 11/17/2017)	RECAP
84	Nov. 30, 2017	REPLY filed by Anne Harding, Ray Huebner, Gregory R Jacobs, Morgan McComb, Holly Knight Morse, Johannes Peter Schroer re: 80 MOTION Cross-Motion to Disqualify J. Gerald Hebert from Taking an Active Role Before the Court in the Presentation of This Matter (Alvarez, Elizabeth) (Entered: 11/30/2017)	RECAP
85	Dec. 1, 2017	MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 12/01/2017)	RECAP
86	Dec. 1, 2017	MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Attachments: # 1 Proposed Order) (Dunn, Chad) (Entered: 12/01/2017)	RECAP
87	Dec. 1, 2017	* Disregard- Document refiled as docket entry 91 * Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 86 MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support, 85 MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support (Dunn, Chad) Modified on 12/4/2017 (ams). (Entered: 12/01/2017)	RECAP
88	Dec. 1, 2017	MOTION for Summary Judgment filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer (Morenoff, Daniel) (Entered: 12/01/2017)	RECAP
89	Dec. 1, 2017	Brief/Memorandum in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 88 MOTION for Summary Judgment (Morenoff, Daniel) (Entered: 12/01/2017)	RECAP
90	Dec. 1, 2017	Appendix in Support filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re 89 Brief/Memorandum in Support of Motion (Morenoff, Daniel) (Entered: 12/01/2017)	RECAP
91	Dec. 1, 2017	Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Evelyn F Daniel, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 86 MOTION to Exclude Opinions of Dr. Ben Voth and Brief in Support, 85 MOTION to Exclude Opinions of Dr. Peter Morrison and Brief in Support (Dunn, Chad) (Entered: 12/01/2017)	RECAP
92	Dec. 1, 2017	MOTION for Summary Judgment filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price (Dunn, Chad) (Entered: 12/01/2017)	RECAP
93	Dec. 1, 2017	Brief/Memorandum in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 92 MOTION for Summary Judgment (Dunn, Chad) (Entered: 12/01/2017)	RECAP
94	Dec. 1, 2017	Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 92 MOTION for Summary Judgment, 93 Brief/Memorandum in Support of Motion (Dunn, Chad) (Entered: 12/01/2017)	RECAP
95	Dec. 22, 2017	RESPONSE filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re: 88 MOTION for Summary Judgment (Dunn, Chad) (Entered: 12/22/2017)	RECAP
96	Dec. 22, 2017	Supplemental Appendix in Support filed by Mike Cantrell, County of Dallas, Texas, Theresa Daniel, Elba Garcia, Clay Lewis Jenkins, John Wiley Price re 95 Response/Objection to Plaintiff's Motion for Partial Summary Judgment. (Dunn, Chad) (Entered: 12/22/2017)	RECAP
97	Dec. 22, 2017	RESPONSE filed by Anne Harding, Gregory R Jacobs, Holly Knight Morse, Johannes Peter Schroer re: 92 MOTION for Summary Judgment (Morenoff, Daniel) (Entered: 12/22/2017)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Jan. 15, 2015

Closing Date: Aug. 23, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

4 Anglo (white, non-Hispanic) residents of Dallas county

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

County of Dallas

Private Entity/Person

Clay Lewis Jenkins

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

Other Dockets:

Northern District of Texas 3:15-cv-00131

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Amount Defendant Pays: N/A

Issues

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

White

Voting:

Redistricting/district composition

Vote dilution

Voting: General & Misc.

Recommended Citation

Case Summary of Harding v. County of Dallas, Texas, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43361/ (last updated 6/7/2023).