Last Updated: June 11, 2015 at 5:16 PM

Davis v. Perry

Case Information

Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Courts that Heard this Case: United States Court for the Western District of Texas (Case 5:11-cv-00788); United States Supreme Court (Case No. 11A521 ); US Court of Appeals for the Fifth Circuit (Case 14-50042)

Issue:

Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.

Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12. Final Judgment filed 9/4/13. Circuit Court Order Dismissing Appeal for Lack of Jurisdiction filed 1/16/14. Amended Notice of Appeal filed 1/31/14. Appellee's Brief filed 6/9/14. Appellant's Reply Brief filed 6/25/14. Oral Argument filed 10/27/14. Opinion and Judgment filed 3/17/14. Order denying petition for rehearing en banc filed 4/14/15. Mandate issued 4/22/15.

See also Perez v. Texas and Texas v. United States

 

Fifth Circuit Court of Appeals Documents (as to attorneys' fees)

• Appellants' Brief (filed 5/6/14)
• Appellee's Brief (filed 6/9/14)
• Appellants' Reply Brief (filed 6/25/14)
• Opinion (filed 3/17/15)
• Judgment (filed 3/17/15)
• Appellees' Petition for Rehearing (filed 3/31/15)
• Appellees' Petition for Rehearing En Banc (filed 3/31/15)
• Order denying Petition for Rehearing En Banc (filed 4/14/15)
• Mandate (filed 4/22/15)

District Court Documents

• Complaint (filed 9/22/11)
• Order Enjoining Implementation of Voting Changes (filed 9/29/11)
• Answer of Defendant Munisteri (filed 10/3/11)
• Motion to Dismiss of Defendant Munisteri (filed 10/3/11)
• Answer of Defendants Perry and Andrade (filed 10/3/11)
• Advisory of Defendants Perry and Andrade Regarding Interim Apportionment (filed 10/7/11)
• Plaintiffs' Brief on Remedy (filed 10/7/11)
• Order Appointing Technical Advisors (filed 10/11/11)
• Plaintiffs' Reponse Opposing Defendant Munisteri's Motion to Dismiss (filed 10/14/11)
• Advisory of Defendants Perry and Andrade Regarding Interim Map (filed 10/17/11)
• Plaintiffs' Submission of Proposed Remedial State Senate Plan (filed 10/17/11)
• Consolidation Order (filed 10/19/11)
• Plaintiffs' Advisory on Laches (filed 10/19/11)
• Defendant Munisteri's Reply to Plaintiffs' Reponse Opposing Motion to Dismiss (filed 10/20/11)
• Defendant Munisteri's Advisory to the Court on Laches (filed 10/20/11)
• Amended Answer of Defendants Perry and Andrade (filed 10/20/11)
• Motion to Dismiss of Defendants Perry and Andrade  (filed 10/21/11)
• Motion to Stay Proceedings of Defendants Perry and Andrade  (filed 10/24/11)
• Plaintiffs' Reponse to Texas' Proposed Remedial Plan (filed 10/24/11)
• Defendants' Objections to Plaintiffs' Proposed Plan (filed 10/25/11)
• Plaintiffs' Memorandum in Opposition to Defendants' Motion to Stay (filed 10/26/11)
• Order Denying Stay (filed 10/27/11)
• Joint Advisory Regarding Remedy Hearing (filed 10/28/11)
• Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss (filed 10/30/11)
• Order Regarding Residency and Filing Deadlines (filed 11/4/11)
• Defendants' Reply Supporting Motion to Dismiss (filed 11/4/11)
• Defendants' Motion for Summary Judgment (filed 11/5/11)
  • Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9 (pt. 1, pt. 2), 10, 11, 12, 13, 14
• Advisory of Texas Democratic Party (filed 11/9/11)
• Defendants' Advisory as to Trial Date (filed 11/9/11)
• Plaintiffs' Advisory as to Trial Date (filed 11/9/11)
• Plaintiffs' Memorandum Opposing Defendants' Summary Judgment Motion (filed 11/9/11)
  • Appendix Statement of Material Facts in Dispute and Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21a, 21b, 21c, 22a, 22b, 22c, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33
• Order Postponing Trial (filed 11/10/11)
• Defendants' Advisory Regarding Deviation from Equalized District Population (filed 11/10/11)
• Plaintiffs' Advisory - Joint Senate Plan (filed 11/11/11)
  • Exhibit 1
• Plaintiffs' Advisory Regarding Population Equality (filed 11/14/11)
• Order Regarding Interim Plan (filed 11/17/11)
• Plaintiffs' Advisory Regarding Proposed Interim Plan (filed 11/18/11)
• Defendants' Objections to Proposed Interim Plan (filed 11/18/11)
• Order Adopting Interim Plan (11/23/11)
• Defendants' Motion to Stay Implementation of Plan Pending Appeal (11/23/11)
• Order Denying Motion to Stay Implementation of Plan (11/25/11)
• Defendants' Notice of Appeal to United States Supreme Court (filed 11/27/11)
• Advisory of Defendant Ministeri Regarding 2012 General Primary (filed 12/12/11)
• Order of Supreme Court Granting Stay (filed 12/16/11)
• Order Concerning Residency and General Primary (filed 12/16/11)
• Defendant Munisteri's Advisory to the Court Regarding the 2012 Primary (filed 1/20/12)
• Joint Response of Plaintiffs to Defendants' Motion for Reconsideration (filed 1/23/12)
• Defendant Munisteri's Advisory Concerning Election Timing (filed 2/06/12)
• Craig Estes' Motion for Leave to File (filed 2/06/12)
• Joint Advisory by Certain Plaintiffs on Status of Legal Challenges (filed 2/06/12)
• Defendants' Advisory Regarding Interim Redistricting Plans (filed 2/06/12)
• Order Granting Estes' Motion to Intervene (filed 2/07/12)
• Joint Advisory of Davis and LULAC Rgarding Interim Senate Plans (filed 2/07/12)
• LULAC Bench Brief Regarding Use of Election Data in Coalition and Crossover Districts (filed 2/07/12)
• Craig Estes' Intervention Complaint (filed 2/07/12)
• Senator Estes' Brief on Interim Maps (filed 2/10/12)
• Senator Estes' Proposed Findings of Fact (filed 2/10/12)
• Davis and LULAC's Proposed Findings of Fact (filed 2/10/12)
• Post Trial Brief of Davis and LULAC (filed 2/10/12)
• Reply Brief of Davis and LULAC (filed 2/13/12)
• Order Adopting Plan S172 as Interim Plan (filed 2/28/12)
• Joint Advisory Regarding Political Conventions (filed 2/29/12)
• Order Entering a Redistricting Plan (filed 3/01/12)
• Amended Order Regarding Election Schedule (filed 3/19/12)
• Order Explaining Plan S172 (filed 3/19/12)
• Order on Election Schedule (filed 3/19/12)
• Order Regarding Plan S172 (filed 3/19/12)
• Stipulation of Dismissal of Plaintiffs-Intervenors Estes et al (filed 5/9/12)
• Objection and Motion to Set Aside of House Candidate Idrogo (filed 5/16/12)
• Order Denying Motion to Set Aside (filed 5/21/12)
• Texas Democratic and Republican Parties' Joint Motion for Relief (filed 6/25/12)
• Court Order on 2012 Vacancies (filed 6/26/12)
• Advisory Memorandum Regarding Defendant's Motion to Dismiss (filed 6/26/12)
• Defendants' Advisory to the Court Regarding Pending Motions (filed 7/5/12)
• Court Order Adopting Interim Plan for 2012 Election (filed 9/7/12)
• Order Announcing Administrative Stay Until October 15 (filed 9/19/12)
• LULAC Plaintiffs' Advisory to the Court (filed 12/3/12)
• Defendants' Advisory (filed 12/3/12)
• Defendants' Errata Notice (filed 12/6/12)
  • Revised Exhibit E to Defendants' Advisory on Issues Relating to Interim Redistricting Plans
• Order Calling for Written Advisories (filed 2/11/13)
• Unopposed Motion for Extension of Time to File Advisories (filed 3/15/13)
• Texas Democratic Party's Advisory to the Court (filed 3/22/13)
• Defendants's Advisory (filed 3/22/13)
• Davis-Veasey and LULAC Plaintiffs' Joint Advisory (filed 3/22/13)
• Advisory of Steve Munisteri (filed 3/22/13)
• Defendants' Response to March 22 Advisories (filed 4/5/13)
• Order Setting Status Hearing (filed 5/20/13)
• Order Removing Technical Advisors for RED APPL system (filed 6/3/13)
• Davis Plaintiffs' and LULAC Plaintiffs' Joint Advisory Adopting Perez Joint Memo (filed 6/5/13)
• Defendants' Brief on Updated ACS Data, Election Data and Analysis (filed 6/6/13)
• Order Setting Status Conference (filed 6/27/13)
• Defendants' Advisory Concerning Enactment of New Redistricting Plans (filed 6/27/13)
  • Exhibit A - Governor Perry's Signature (filed 6/27/13)
  • Exhibit B - Cert Disposititons (filed 6/27/13)
• Davis and LULAC Plaintiff's Joint Advisory (filed 6/27/13)
• Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (filed 6/28/13)
  • Exhibit A: Governor Perry's Signature (filed 6/28/13)
  • Proposed Order Granting Motion to Dismiss (filed 6/28/13)
• Notice of Errata to Defendants' Motion to Dismiss (filed 6/29/13)
  • Corrected Motion to Dismiss (filed 6/29/13)
• Defendants' Advisory on Dismissal Order (filed 7/31/13)
  • Proposed Order (filed 7/31/13)
• Advisory of Davis and LULAC (filed 7/31/13)
  • Proposed Judgment (filed 7/31/13)
• Final Judgment (filed 9/4/13)
• Stipulation Against Fees (filed 9/17/13)
• Davis Plaintiffs' Opposed Motion for Attorneys' Fees (Exhibits Attached) (filed 9/24/13)
• LULAC Plaintiff's Opposed Motion for Attorneys' Fees (filed 9/24/13)
  • Declaration of Luis Roberto Vera Jr. (filed 9/24/13)
  • Declaration of Frank Herrera Jr. (filed 9/24/13)
  • Affirmation Relating To Expert Fees (filed 9/24/13)
  • CORE Research Expense Report (filed 9/24/13)
• Notice of Appeal (filed 9/26/13)
• Defendant Munisteri Motion for Nunc Pro Tunc (filed 9/27/13)
  • Exhibit A: Final Judgment (filed 9/27/13)
  • Exhibit B: Stipulation (filed 9/27/13)
  • Proposed Order (filed 9/27/13)
• Order Denying Nunc Pro Tunc as Moot (filed 9/30/13)
• Defendants' Response to LULAC's Motion for Fees (filed 10/4/13)
  • Exhibit A: Affidavit of Scott Brister (filed 10/4/13)
  • Exhibit B: Report of Scott Brister (filed 10/4/13)
  • Exhibit C: Coding Designations (filed 10/4/13)
  • Exhibit D: Time Sheet (filed 10/4/13)
• Defendants' Opposed Motion to Exceed Page Limit (filed 10/4/13)
• Defendants' Response to Opposed Motion for Interim Fees (filed 10/4/13)
• Order Granting Motion to Exceed Page Limit (filed 10/7/13)
• Plaintiff Reply Brief Supporting Motion for Fees (filed 10/11/13)
• Plaintiffs' Unopposed Motion to Exceed Page Limit (filed 10/11/13)
• Order Granting Motion to Exceed Page Limit (filed 10/15/13)
• Plaintiff LULAC's Advisory on 5th Circuit Order (filed 11/25/13)
• Order on Attorney's Fees and Costs (filed 1/8/14)
• Notice of Appeal (filed 1/9/14)
• Supplemental Order on Attorney's Fees (filed 1/16/14)
• Circuit Court Order Dismissing Appeal for Lack of Jurisdiction (filed 1/16/14)
• Defendant's Amended Appeal of Final Judgment (filed 1/31/14)
• Amended Notice of Appeal (filed 1/31/14)

Supreme Court Documents

• Emergency Application for Stay of Interlocutory Order Pending Appeal to the US Supreme Court (filed 11/28/11)
  • Appendix
• Plaintiffs' Response to Stay Request (filed 12/1/11)
• Defendants' Reply (filed 12/3/11)
  • Appendix
• Order Granting Stay (filed 12/9/11)
• Appellant Texas' Brief (filed 12/21/11)
• Appellee Brief of NAACP and Congresspersons (filed 12/21/11)
• Appellee Brief of Davis, LULAC, et al (filed 12/21/11)
• Appellee Brief of TLRTF et al (filed 12/21/11)
• Joint Appendix Vol. 1 (filed 12/21/11)
• Joint Appendix Vol. 2 (filed 12/21/11)
• Joint Appendix Vol. 3 (filed 12/21/11)
• Joint Appendix Vol. 4 (filed 12/21/11)
• Joint Appendix Vol. 5 (filed 12/21/11)
• Amicus Brief of Cato Institute   (filed 12/28/11)
• Amicus Brief of Various States (filed 12/28/11)
• Amicus Brief of DOJ (filed 12/28/11)
• Amicus Brief of Eagle Forum Education and Legal Defense Fund (filed 12/28/11)
• Second Supplemental Joint Appendix (filed 1/03/12)
• Reply Brief of Wendy Davis and LULAC (filed 1/03/12)
• Reply Brief of Appellants (filed 1/03/12)
• Reply Brief of Appellee NAACP, Jackson-Lee, and Others (filed 1/03/12)
• Reply Brief for Texas Latino Redistricting Task Force, MALC, and Perez (filed 1/03/12)
• Oral Argument Transcript (filed 1/09/12)
• Letter Regarding Primary Date (filed 1/11/12)
• Supreme Court Opinion (filed 1/20/12)