Huot et al v. City of Lowell et al

Filing 105

Magistrate Judge Donald L. Cabell: ORDER entered. ORDER ALLOWING JOINT MOTION FOR CONSENT DECREE granting 103 Joint Motion (Russo, Noreen)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CHANMONY HUOT, VLADIMIR SALDAÑA,
LIANNA KUSHI, THOEUN KONG, DENISSE
COLLAZO, SUE J. KIM, SOADY OUCH,
TOOCH VAN, CARMEN BERMUDEZ, KEI
KAWASHIMA-GINSBERG, and FAHMINA
ZAMAN,
Plaintiffs,

No. 1:17-cv-10895-DLC

v.
CITY OF LOWELL, MASSACHUSETTS; KEVIN
J. MURPHY, in his official capacity
as Lowell City Manager; LOWELL CITY
COUNCIL; RITA M. MERCIER, RODNEY M.
ELLIOTT, EDWARD J. KENNEDY, JR., JOHN
J. LEAHY, WILLIAM SAMARAS, JAMES L.
MILINAZZO, DANIEL P. ROURKE, COREY A.
BELANGER, JAMES D. LEARY, in their
official capacities as members of the
Lowell City Council; LOWELL SCHOOL
COMMITTEE; STEPHEN J. GENDRON,
JACQUELINE DOHERTY, CONNIE A. MARTIN,
ROBERT J. HOEY, JR., ROBERT JAMES )
GIGNAC, ANDRE DESCOTEAUX, in their
official capacities as members of the
Lowell School Committee; LOWELL
ELECTION AND CENSUS COMMISSION; and
BEVERLY ANTHES, JOSEPH MULLEN, THEL
SAR, THOMAS FR. O'BRIEN, in their
official capacities as members of the
Lowell Election and Census
Commission,
Defendants.

ORDER ALLOWING JOINT MOTION FOR CONSENT DECREE (Dkt. 103)
CABELL, U.S.M.J.:
The plaintiffs and defendants in this matter brought under
the Voting Rights Act, 52 U.S.C. § 10301, have reached a settlement

and filed a joint motion for the entry of a consent decree. 1 Having
reviewed the proposed decree, the Court finds that it is fair,
adequate,

and

Constitution,

reasonable,
a

statute,

or

that

it

other

will

not

authority,

and

violate

the

that

is

it

consistent with the objectives of the Voting Rights Act.

See

Conservation Law Found. v. Franklin, 989 F.2d 54, 58 (1st Cir.
1993).

Therefore, it is

ORDERED AND ADJUDGED THAT:
1. The Consent Decree, attached as Exhibit A to Docket Number
103, is APPROVED.
2. This Court shall retain jurisdiction over this matter for
purposes of enforcement.
3. To the extent not addressed by this Order, all pending motions
are DISMISSED as moot.
/s/ Donald L. Cabell
DONALD L. CABELL, U.S.M.J.

DATED:

June 13, 2019

1

The current defendants are the City of Lowell, Eileen Donoghue (substituted
for Kevin J. Murphy as Lowell City Manager), Lowell City Council, Rita M.
Mercier, Rodney M. Elliot, Edward J. Kennedy, Jr., John J. Leahy, William
Samaras, James L. Milinazzo, Vesna Nuon (replacing James D. Leary), Karen
Cirillo (replacing Corey A. Belanger), David Conway (replacing Daniel P.
Rourke), Lowell School Committee, Dominik Hok Lay (replacing Stephen J.
Gedron), Jacqueline Doherty, Connie A. Martin, Robert J. Hoey, Jr., Gerard
Nutter (replacing Robert James Gignac), Andre Descoteaux, Lowell Election and
Census Commission, Beverly Anthes, Joseph Mullen, Zoe Arthur (replacing Thel
Sar), and Thomas Fr. O’Brien.

2