Case 3:07-cv-01850-P Document 58 Filed 07/15/2009 Page 1 of 2 MANUEL, Plaintiff, ‘ ‘THE CITY OF IRVING TEXAS and HERBERT A. GEARS, 1 SPINK, ELIZABETH (BETH) VAN DUYNE, ALLAN E. MEAGHER, LEWIS PATRICK, ROSE CANNADY, RICK STOPPER, SAM SMITH, and JOE, PHILLIP, in their official capacities, Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BENAVIDEZ, No. 3:07-CV-01850-P 'HOMAS D. FINAL JUDGMENT Pursuant to the Court’s Order filed July 15, 2009, the Court issues judgment as follows: @ @ @) 3:07-cV-1850-P Pace Lor? ‘The City of Irving’s current at-large method of electing members to the City Council: violates Section 2 of the Voting Rights Act; The City of Irving is enjoined from administering, implementing, or conducting any future City Council elections for Irving under the at-large method; The parties shall attempt to arrive at an agreed upon election and redistricting plan, and schedule for implementation of that plan, that remedies the violation of Section 2. The parties shall submit joint or separate proposed plans and corresponding schedules for implementation to the Court within ninety (90) days of the date of this Final Judgment. If the parties fail to devise an acceptable plan, the Court will order into effect an election and redistricting plan of its own design;Case 3:07-cv-01850-P Document 58 Filed 07/15/2009 Page 2 of 2 (4) Manuel A. Benavidez is awarded costs of court. IT IS SO ORDERED. Signed this 15" day of July, 2009. 4 ‘A. SOLIS UNITED STATES DISTRICT JUDGE 3:07-cv-1850-P Pace 20F2Case 3:07-cv-01850-P Document 57 Filed 07/15/2009 Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MANUEL A. BENAVIDEZ, Plaintiff, No. 3:07-CV-01850-P v. THE CITY OF IRVING, TEXAS and HERBERT A. GEARS, THOMAS D. SPINK, ELIZABETH (BETH) VAN DUYNE, ALLAN E. MEAGHER, LEWIS PATRICK, ROSE CANNADY, RICK STOPPER, SAM SMITH, and JOE PHILLIP, in their official capacities, (2 LL 2 DD LP De > Defendants. MEMORANDUM OPINION AND ORDER On November 6, 2007, Manuel A. Benavidez (“Plaintiff”) brought this suit against the City of Irving (“City” or “Irving”, its mayor, and its city council members (collectively, “Defendants”), challenging the legality of Irving’s at-large electoral system under Section 2 of the Voting Rights Act, 42 U.S.C. § 1973. Plaintiff maintains that Irving's at-large electoral system has the effect of diluting the voting power of Irving’s Hispanic voters, and thus denies them the opportunity to elect representatives of their choice. (Am. Compl. 8.) Plaintiff requests that this Court enjoin Irving from holding elections under the present at-large system, and order the implementation of a plan to remedy the alleged Section 2 violations. (Id, at 9.) After the Court denied Defendants’ Motion for Summary Judgment on Plaintiff's standing to bring this action, the parties proceeded to a four day bench trial that concluded on February 20, 2009. This