Grayson v. Toledo Metropolitan Housing Authority

432 F.Supp. 25

U. S. Court of Appeals for the Sixth Circuit

758 F.2d 1086

Memorandum Opinion and Order: Ordered that motion of the Toledo Public School to file brief amicus curiae be granted; Clerk of Court to file brief, and further ordered that the motion of the plaintiffs to amend or alter judgment is hereby denied. Senior Judge Don J. Young on 8/22/1975. (B,TM)

Motion and Order granting plaintiffs application to proceed in forma pauperis filed by Patricia Davis, Tomas Gonzales and Josie Jaimes. Signed by Judge Young on 2/15/1974. (B,TM) (Entered: 11/10/2011)

Memorandum and Order: Ordered that the motion to dismiss of the Federal Defendants is overruled. Judge Don Young on 1/14/77. (B,TM)

Motion and Order granting the application to proceed in forma pauperis filed by Plaintiff Clarence Turner. Signed by Judge Don Young on 3/8/1974. (B,TM) (Entered: 11/10/2011)

Opinion and Order: Defendants found to be discriminative in housing. Defendants are enjoined. Defendants have 60 days to file a comprehensive plan for dispersal of public housing. Plaintiffs to recover damages. Judge Don J. Young on 5/12/83. (B,TM)

Notice requesting production of documents from defendant Toledo Metropolitan Housing Authority on 3/25/1974 filed by Patricia Davis, Tomas Gonzales, Josie Jaimes, Clarence Turner. (B,TM) (Entered: 11/10/2011)

Notice requesting the production of documents from defendant Barrett on 3/25/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

MEMORANDUM OPINION denying Defendant HUD's Motion to dismiss and for relief from affirmative action plan (Related Doc # 247 ). Judge David A. Katz on 3/27/12.(G,C)

Notice requesting the production of documents from defendant Flory on 3/25/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

MEMORANDUM OPINION denying Motion to alter the Affirmative Action Plan (Related Doc # 231 ). Judge David A. Katz on 9/4/12.(G,C)

Notice requesting the production of documents from defendant Daig on 3/26/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

Notice requesting the production of documents from defendant Dennis on 3/26/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

Notice requesting production of documents from defendant Holland on 3/26/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

Notice requesting the production of documents from defendant Dorrell on 3/25/1974 filed by All Plaintiffs. (B,TM) (Entered: 11/10/2011)

Answer to plaintiffs' complaint filed by Toledo Metropolitan Housing Authority (TMHA). (B,TM) (Entered: 11/29/2011)

Memorandum re Discovery filed by Toledo Metropolitan Housing Authority (TMHA). (B,TM) (Entered: 11/29/2011)

Answer to Complaint filed by defendants Carl Barrett, Frank Daig, Dorothy Dennis, Robert Dorrell, Ray Flory and John Holland. (B,TM) (Entered: 11/29/2011)

Order : Plaintiffs motion to record testimony at depositions by tape recorder is granted subject to compliance with the term and conditions herein above set forth. Judge Nicholas J. Walinski on 8/8/74. (B,TM) (Entered: 11/29/2011)

Motion for preliminary injunction filed by Patricia Davis, Tomas Gonzales, Josie Jaimes, Clarence Turner. (B,TM) (Entered: 11/29/2011)

Notice/Request for Production of documents filed by plaintiffs. (B,TM) (Entered: 11/29/2011)

Motion for preliminary injunction filed by Patricia Davis, Tomas Gonzales, Josie Jaimes and Clarence Turner. (B,TM) (Entered: 11/29/2011)

Motion for class certification filed by Patricia Davis, Tomas Gonzales, Josie Jaimes and Clarence Turner. (B,TM) (Entered: 11/29/2011)

Notice/Request for a Preliminary Injunction Hearing filed by All Plaintiffs. (B,TM) (Entered: 11/29/2011)

Order : Preliminary Injunction hearing scheduled for 3/31/1975 at 10:00 AM. Senior Judge Don J. Young on 3/6/75. (B,TM) (Entered: 11/29/2011)

Motion for certification of authorization to proceed in forma pauperis and payment of witness fees by the U.S. Marshal services filed by Patricia Davis, Tomas Gonzales, Josie Jaimes and Clarence Turner. (B,TM) (Entered: 11/29/2011)

Order : Certifying that plaintiffs are authorized to proceed in forma pauperis and that U.S. Marshal Service is to pay all witness fees pursuant to provisions of 28 U.S.C. 1915. (Related Doc # 21 ) Senior Judge Nicholas J. Walinski on 3/11/75. (B,TM) (Entered: 11/29/2011)

Notice of Discovery Interrogatories upon defendants' filed by All Plaintiffs. (B,TM) (Entered: 12/01/2011)

Notice/Request for Production of Documents from defendants' filed by All Plaintiffs. (B,TM) (Entered: 12/01/2011)

Motion for an Order shortening defendants time to respond to plaintiffs motion for leave to shorten time for answering Interrogatories and Producing of documents filed by plaintiffs. (B,TM) (Entered: 12/28/2011)

Supplemental Answer to plaintiffs complaint filed by Carl Barrett, Frank Daig, Dorothy Dennis, Robert Dorrell, Ray Flory, John Holland. (B,TM) (Entered: 12/28/2011)

Supplemental Answer to plaintiffs complaint filed by Toledo Metropolitan Housing Authority (TMHA). (B,TM) (Entered: 12/28/2011)

Amicus Curiae Brief filed by All Plaintiffs. (B,TM) (Entered: 12/28/2011)

Pretrial Order : No defendant will request recusal. Parties will stipulate a certification of a conditional class of plaintiffs. Jay Mulkeen is admitted to the bar of this court to participate in this case only. Judge Don J. Young on 3/26/1975. (B,TM) (Entered: 12/28/2011)

Stipulation &Order Class Action maintained. Class shall consist of all low income minority, etc. Plaintiffs are adequate representatives. Judge Don J. Young on 3/31/75. (B,TM) (Entered: 10/05/2011)

Motion for joinder of party defendants filed by plaintiffs. (B,TM) (Entered: 12/28/2011)

Motion for leave to file a Brief in Amicus Curiae filed by City of Toledo. (B,TM) (Entered: 12/28/2011)

Motion (Application) for an Order to Show Cause why defendants should not be joined filed by plaintiffs. (B,TM) (Entered: 12/28/2011)

Memorandum and Order : Ordered that motion of plaintiffs for a certification as a class action is granted, conditionally certified; Further ordered that the motion of plaintiffs for leave to shorten time for answering interrogatories etc, are dismissed as moot; Further ordered that the motion of plaintiffs for a preliminary injunction is denied. Judge Don J. Young on 4/9/75. (B,TM) (Entered: 10/05/2011)

Order : Plaintiffs motion to join the U.S. Department of Housing and Urban Development is ORDERED. The U.S. Department of Housing and Urban Development, Carla Hill, Don Morow and Paul Lydens are hereby joined as party defendants. Ordered that plaintiffs shall have leave to file Amended Complaint. Ordered that defendants above named shall file and serve their answers within 30days after service of summons and amended complaint.. Senior Judge Don J. Young on 5/16/75. (B,TM) (Entered: 10/05/2011)

Amended complaint (Class Action) against All Defendants. Summons issued to U.S. Marshal Office. Filed by plaintiffs, Clarence Turner, Josie Jaimes, Patricia Davis, Tomas Gonzales. (B,TM) (Entered: 10/05/2011)

Answer to 48 Amended complaint filed by Toledo Metropolitan Housing Authority (TMHA) et,al. (B,TM) (Entered: 10/05/2011)

Answer/Responses to plaintiffs requests for production of documents with attachments filed by All Defendants. (Attachments: # 1 Attachments) (B,TM) (Entered: 10/05/2011)

Answer/Response to Federal defendants 2nd set of Interrogatories filed by All Plaintiffs. (B,TM) (Entered: 10/05/2011)

Judgment Entry : Copies to all counsel of record. Exhibit 197 received. Defendants enjoined. Defendants have 60 days from this date to file plans for dispersal of housing; affirmative action; a plan to reduce recial segregation within LMHA. Defendants have 30 days to respond. Plaintiff's Jaimes and Gonzales each recover $7200.00 compensatory damages and $14,400.00 in punitive damages with interest and costs. Plaintiff Patricia Tarrie recover $6000.00 compensatory damages and $12,000.00 in punitive damages with interests and costs. Plaintiffs to recover reasonable attorney fees. Ordered that defendants liability for all sums are joint and several. Court shall retain jurisdiction. Senior Judge Don J. Young on 6/8/83. (B,TM) (Entered: 10/05/2011)

NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to 88 Judgment by U.S. Dept. of H.U.D. and its officials. (B,TM) (Entered: 10/05/2011)

Order that the final judgment is entered on plaintiffs claims for damages in accordance with the Court's Judgment Order of 6/8/1983. Judge Don J. Young on 12/15/83. (B,TM) (Entered: 10/05/2011)

Opinion and Order of USCA for the Sixth Circuit as to 97 Notice of Appeal. Judgment of the District Court affirmed in part, set aside in part and remanded for further proceedings. (B,TM) (Entered: 10/06/2011)

Opinion and Order of USCA for the Sixth Circuit. We affirm in part, reverse in part, and remand this case to the District Court for a specific finding on the extent of the U.S. Department of Housing &Urban Developments liability. (B,TM) (Main Document 137 replaced on 10/6/2011) (Entered: 10/06/2011)

Order from the USCA for the Sixth Circuit. Judgment of the District Court is affirmed in part, reveresed n part, and the case is remanded for a specific finding on the extent of the U.S. Department of Housing and Urban Development's liability. Each party is to bear its own costs on appeal. Issued as a Mandate: 3/23/88. Costs: none (B,TM) (Entered: 10/06/2011)

Opinion and Order : Defendant HUD dismissed as party to this suit. Signed by Judge Richard B. McQuade on 1/12/89. (B,TM) (Entered: 10/06/2011)

Opinion and Order : Defendant LMHA motion to modify order of 12/10/85 granted. Modified per order. LMHA to file annual reply by 8/1/89. Judge McQuade on 6/6/89. (B,TM) (Entered: 10/06/2011)

Opinion and Order : Per 11/20/87 Sixth Circuit Order re Remand defendant HUD liable for plaintiffs claims. HUD to comply with order of 12/20/85. Judge R.B. McQuade on 6/6/89. (B,TM) (Entered: 10/06/2011)

NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to 167 Order re liability AND 168 Order re liability by HUD, Sec. Kemp, Administrator Jordan and Director Dolin. (B,TM) (Entered: 10/06/2011)

Judgment Entry : ORDERED that HUD to pay to plaintiffs counsel, Advocates for Basic Legal Equality, the sum of $33,033.00. Signed by Judge Walinski for Judge McQuade on 9/26/89. (B,TM) (Entered: 10/06/2011)

Opinion and Order : Defendant HUD to pay plaintiffs counsel, ABLE the amount of $33,033.00 for attorney fees. Judge Richard B. McQuade on 9/26/89. (B,TM)

Order of USCA for the Sixth Circuit filed 3/29/90. Appeal voluntarily dismissed by the parties. (B,TM) (Entered: 10/06/2011)

Order of USCA for the Sixth Circuit filed 4/11/90. Ordered that APPEAL be and it is hereby dismissed. (B,TM) (Entered: 10/06/2011)

Notice of 2000 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (B,TM) (Entered: 11/22/2011)

Letter (Exhibit B) dated 8/17/2000 re the 2000 Annual Review of Racial Composition of LMHA Housing filed by Janine T. Avila. (B,TM) (Entered: 11/22/2011)

Order : Court finds that the racial composition reflected in the 2000 Annual Review of Racial Composition of LMHA Housing comports with the objections for racial composition of its housing as directed by previous orders of this court. (B,TM) (Entered: 10/06/2011)

Notice of the 2006 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (B,TM) (Entered: 11/22/2011)

Docket Sheet with entries No. 1 thru 217. Please refer to CM/ECF for all further entries. (G,D) Modified on 7/27/2007 to renumber docket(G, D). (Entered: 07/27/2007)

2007 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (G,D) Modified on 7/27/2007 to renumber docket (G, D). (Entered: 07/27/2007)

Notice of 2008 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit A to 2008 Annual Review of Racial Composition of LMHA Housing)(Avila, Janine) (Entered: 07/18/2008)

Notice of Filing 2009 Annual Review of Racial Compensation of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit A to 2008 Annual Review of Racial Composition of LMHA Housing) (Avila, Janine) Modified on 7/28/2009 (B,TM). (Entered: 07/27/2009)

Attorney Appearance by Aneel L. Chablani filed by on behalf of Josie Jaimes. (Chablani, Aneel) (Entered: 08/26/2009)

Notice of 2010 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Avila, Janine) (Entered: 07/26/2010)

Motion for extension of time until 02/28/2011 to Forward Semi − Annual Report to Department of Justice and Department of Housing/Urban Development filed by Defendant Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) (Entered: 01/31/2011)

Marginal Entry Order granting 224 Motion for Extension of Time until 02/28/2011 to Forward Semi − Annual Report to Department of Justice and Department of Housing/Urban Development. Judge David A. Katz on 2/1/2011.(R,Ci) (Entered: 02/01/2011)

Notice of Service of Semi − Annual Report to Department of Justice and Department of Housing/Urban Development filed by Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) (Entered: 02/17/2011)

Address Change Notice by Janine T. Avila filed by on behalf of Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) (Entered: 06/01/2011)

Notice of Appearance of Counsel for Defendant filed by Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) (Entered: 07/08/2011)

Notice/2011 Annual Review of Racial Composition of LMHA Housing filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit A: Tenant Demographic Report, Residents by Race, by Development, # 2 Exhibit B: Head of Household by Race by Ethnicity, # 3 Exhibit C: Move Ins by Race by Ethnicity, # 4 Exhibit D: Description of LMHA's Asset Management Projects (AMP's))(Avila, Janine) Modified on 7/26/2011 (M,L). (Entered: 07/25/2011)

Motion Modify Affirmative Action Plan filed by Patricia Davis, Tomas Gonzales, Josie Jaimes, Clarence Turner. (Attachments: # 1 Exhibit 1989 Annual Report, # 2 Exhibit 2008 Annual Report, # 3 Exhibit 2009 Annual Report, # 4 Exhibit 2010 Annual Report, # 5 Exhibit 2011 Annual Report, # 6 Exhibit powell Expert Report)(Chablani, Aneel) (Entered: 08/04/2011)

Notice of Substitution of Counsel of Anthony Ciccone and adding Holly Taft Sydlow filed by U.S. Dept. of H.U.D.. (Sydlow, Holly) Modified on 8/18/2011 (B,TM). (Entered: 08/17/2011)

Joint Proposed Stipulation to Stay Briefing and Request for Status Conference filed by All Plaintiffs. Related document(s) 231 .(Chablani, Aneel) (Entered: 08/18/2011)

Order (Non Document) Telephone Conference set for 10/24/2011 at 11:00 AM. Judge David A. Katz on 8/22/11. (G,C) (Entered: 08/22/2011)

Status Report filed by All Plaintiffs. Related document(s) 233 .(Chablani, Aneel) (Entered: 10/24/2011)

ORDER Telephone Conference held on 10/24/11. Stipulated plan to be filed by 11/22/11. Judge David A. Katz on 10/24/11. (G,C) (Entered: 10/24/2011)

Attorney Appearance by Daniel E. Bensing filed by on behalf of U.S. Dept. of H.U.D.. (Bensing, Daniel) (Entered: 11/17/2011)

Stipulated Status Report (Stipulated Plan and Joint Report) filed by Patricia Davis, Tomas Gonzales, Josie Jaimes, Toledo Metropolitan Housing Authority (TMHA), Clarence Turner, U.S. Dept. of H.U.D.. Related document(s) 241 .(Avila, Janine) (Entered: 11/22/2011)

Marginal Entry Order adopting stipulated plan as stated herein re 245 . Judge David A. Katz on 11/28/11. (R,Ci) (Entered: 11/28/2011)

Motion for relief from affirmative action plan and Motion to dismiss claims against HUD; and Opposition to plaintiffs' 231 Motion to modify affirmative action plan. Filed by Defendant U.S. Dept. of HUD. Related document(s) 231 . (Attachments: # 1 Affidavit, # 2 Exhibit)(Bensing, Daniel). Modified to add motion part, modified to add opposition text and added link on 1/30/2012 (S,HR). (Entered: 12/16/2011)

Motion for leave to exceed page limitations for the response in opposition to the Motion to modify affirmative action plan filed by Defendant Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) Modified on 1/20/2012 to edit text (B,TM). (Entered: 01/19/2012)

Marginal Entry Order granting Motion to exceed page limitations for memorandum in response of Motion to modify. (Related Doc # 248 ). Judge David A. Katz on 1/20/12.(R,Ci) (Entered: 01/20/2012)

Opposition to 247 Motion for relief from affirmative action plan and to dismiss claims against HUD, and Opposition to plaintiffs' 231 Motion to modify affirmative action plan. filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit 1 − Relevant Pages from Brief, # 2 Exhibit 2 − MTMortgage Corp. v. Leo White, # 3 Exhibit 3 − Yolanda Anderson v. U.S. Dept of Housing)(Avila, Janine) Modified text and added link on 1/30/2012 (S,HR).

Consent Motion for extension of time to Reply in support of 247 Motion for relief from affirmative action plan and Motion to dismiss claims against HUD until February 17, 2012 filed by Defendant U.S. Dept. of H.U.D. Related document(s) 246 , 247 . (Bensing, Daniel) Modified text on 2/15/2012 (M,L). (Entered: 02/13/2012)

Marginal Entry Order granting 252 Motion to Extend time to 2/17/12 for federal defendants to file reply in support of Motion for relief from affirmative action plan et al. Judge David A. Katz on 2/14/12.(R,Ci) (Entered: 02/14/2012)

Reply to response to 247 Motion for relief from affirmative action plan, and Motion to dismiss claims against HUD (Defendant LMHA's Reply Memorandum) filed by Toledo Metropolitan Housing Authority (TMHA). (Avila, Janine) (Entered: 02/15/2012)

Reply to response to 247 Motion for relief from affirmative action plan, and Motion to dismiss claims against HUD filed by U.S. Dept. of H.U.D.. (Attachments: # 1 Affidavit Jones Declaration)(Bensing, Daniel) (Entered: 02/17/2012)

Motion for leave to File Surreply Instanter with Memorandum in Support filed by Defendant Toledo Metropolitan Housing Authority (TMHA). Related document(s) 254 . (Attachments: # 1 Exhibit A − Surreply of Defendant LMHA)(Avila, Janine) (Entered: 02/24/2012)

Marginal Entry Order granting Motion for leave to file surreply. Counsel to file forthwith(Related Doc # 256 ). Judge David A. Katz on 2/24/12.(R,Ci) (Entered: 02/24/2012)

Sur − Reply to 247 Motion for relief from affirmative action plan and Motion to dismiss claims against HUD filed by Toledo Metropolitan Housing Authority (TMHA). 257 (Avila, Janine) Modified linkage on 3/7/2012 (M,L). (Entered: 02/24/2012)

JUDGMENT ENTRY Defendant HUD's Motion for Relief from affirmative action plan and to dismiss claims denied 247 . Judge David A. Katz on 3/27/12. (G,C) (Entered: 03/27/2012)

Order (Non Document) Defendants granted to 4/30/12 to respond to pending motion to modify affirmative action plan, reply due 5/8/12. Judge David A. Katz on 3/27/12. (G,C) (Entered: 03/27/2012)

Order (Non Document) Telephone Conference set for 4/25/2012 at 4:00 PM. Participating counsel to call Court bridge line (419) 213 − 5510,access 551011. Judge David A. Katz on 4/19/12. (G,C) (Entered: 04/19/2012)

Order : Telephone Conference held on 4/25/12. Deadline for defendants' response to ABLE's motion to modify affirmative action plan is extended to 6/15/12; reply due 7/16/12. Judge David A. Katz on 4/26/12. (R,Ci) (Entered: 04/26/2012)

Motion to substitute party /class representative and memorandum in support filed by Patricia Davis, Tomas Gonzales, Josie Jaimes, Clarence Turner. Related document(s) 259 . (Attachments: # 1 Affidavit Declaration)(Currie, Matthew) Modified on 5/17/2012 (M,L). (Entered: 05/16/2012)

Marginal Entry Order granting Motion to substitute party; Josie Jaimes removed from case, India Grayson added to case. (Related Doc # 262 ). Judge David A. Katz on 6/7/12.(R,Ci) (Entered: 06/07/2012)

Opposition to 231 Motion Modify Affirmative Action Plan [LMHA's Memorandum Regarding its Progress Toward Achieving the Goals of the Affirmative Action Plan ("Issue 1"), ] filed by Toledo Metropolitan Housing Authority (TMHA). (Attachments: # 1 Exhibit A − LMHA's ACOP)(Avila, Janine) Modified text on 6/19/2012 (M,L). (Entered: 06/15/2012)