Case: Yolano-Donnelly v. Cisneros

2:86-cv-00846 | U.S. District Court for the Eastern District of California

Filed Date: July 15, 1986

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On July 15, 1986, plaintiffs filed their complaint in the U.S. District Court for the Eastern District of California, challenging the constitutionality of section 214 of the Housing and Community Development Act of 1980, 42 U.S.C. § 1436a, and certain HUD regulations implementing section 214, both of which restricted federal housing assistance for the exclusive benefit of U.S. citizens and certain eligible aliens.On December 18, 1986, the District Court granted plaintiffs' motion for a prelimin…

On July 15, 1986, plaintiffs filed their complaint in the U.S. District Court for the Eastern District of California, challenging the constitutionality of section 214 of the Housing and Community Development Act of 1980, 42 U.S.C. § 1436a, and certain HUD regulations implementing section 214, both of which restricted federal housing assistance for the exclusive benefit of U.S. citizens and certain eligible aliens.

On December 18, 1986, the District Court granted plaintiffs' motion for a preliminary injunction and certified this case as a class action, defining the class as: "All United States citizens and 'eligible aliens' as defined in 42 U.S.C. § 1436a nationwide who would be eligible, either presently or prospectively, for subsidized housing under the United States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965, but for the presence in the family of an adult who is an ineligible alien."

Subsequently, Congress amended section 214, and HUD issued new implementing regulations. Plaintiffs in turn filed an amended complaint on August 21, 1995. The government moved to dismiss, or, in the alternative, for summary judgment.

On March 8, 1996, the District Court (Judge Milton L. Schwartz) granted defendant's motion to dismiss second claim for relief (alleged that section 214 constitutes an improper delegation of legislative Power) and plaintiffs' seventh claim for relief (challenged defendant's findings under the Regulatory Flexibility Act, 5 U.S.C. § 605(b), and Executive Order 12291). The motion was denied with respect to the remainder of plaintiffs' claims. Yolano-Donnelly, et al v. Cisneros, 1996 U.S. Dist. LEXIS 22778 (Mar. 8, 1996).

In October, 1996, the parties reached a settlement of the case and filed a joint motion for court approval. Judge Schwartz entered an order and judgment approving the class action settlement on February 20, 1997. The case was dismissed, with the Court retaining jurisdiction to enforce the Settlement Agreement for a period of 3 years. Plaintiffs' claim for attorneys' fees was subsequent resolved.

Summary Authors

Dan Dalton (10/22/2007)

People


Judge(s)

Schwartz, Milton Lewis (California)

Attorneys(s) for Plaintiff

Bussiere, Alice (California)

Field, Rod (California)

Fujioka, Gen (California)

Grossman, Carole F. (California)

Kohn, Richard S. (California)

Lee, Paul E (California)

Pallack, David Scott (California)

Pearl, Richard M (California)

Attorneys(s) for Defendant

Grad, Mary L. (California)

Judge(s)

Schwartz, Milton Lewis (California)

Attorneys(s) for Plaintiff

Bussiere, Alice (California)

Field, Rod (California)

Fujioka, Gen (California)

Grossman, Carole F. (California)

Kohn, Richard S. (California)

Lee, Paul E (California)

Pallack, David Scott (California)

Pearl, Richard M (California)

Attorneys(s) for Defendant

Grad, Mary L. (California)

Simpson, W. Scott (District of Columbia)

Sitcov, Michael (District of Columbia)

Documents in the Clearinghouse

Document

2:86-cv-00846

Docket (PACER)

Yolano-Donnelly, et al v. Cisneros

July 20, 1998

July 20, 1998

Docket
171

2:86-cv-00846

Memorandum of Decision and Order

Yolano-Donnelly, et al v. Cisneros

1996 U.S.Dist.LEXIS 22778

March 8, 1996

March 8, 1996

Order/Opinion

Docket

Last updated Sept. 1, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link

LODGED: stip to cont status conf and order thereon from 12/7/90 to 7/27/91 at 10:00 MLS (kh) (Entered: 11/07/1990)

Nov. 1, 1990

Nov. 1, 1990

97

ORDER by Senior Judge Milton L. Schwartz granting lodged [0-1] ; Scheduling conf reset to 7/26/91 @ 10:30 (cc: all counsel) (old) (Entered: 11/27/1990)

Nov. 26, 1990

Nov. 26, 1990

98

ORDER by Magistrate John F. Moulds Case referred to Magistrate John F. Moulds (cc: all counsel) (old) (Entered: 03/13/1991)

March 13, 1991

March 13, 1991

99

MAIL Returned addressed to National Center for Youth Law marked forwarding time expires. (old) (Entered: 04/22/1991)

April 19, 1991

April 19, 1991

100

MAIL Returned addressed to Paul Lee, Legal Aid , Los Angeles marked no forwarding (old) (Entered: 04/22/1991)

April 22, 1991

April 22, 1991

101

ORDER ; Pretrial conf (final) re-set for 7/25/91 @ 10:30 (cc: all counsel) (old) (Entered: 05/08/1991)

May 7, 1991

May 7, 1991

102

MAIL Returned addressed to Gilbert P. Carrasco, legal aid society (old) (Entered: 05/17/1991)

May 16, 1991

May 16, 1991

103

PROOF OF SERVICE by plaintiff to continue status conference. (old) (Entered: 07/10/1991)

July 10, 1991

July 10, 1991

LODGED: Stipultion to continue status conference. (old) (Entered: 07/15/1991)

July 15, 1991

July 15, 1991

104

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : ; Scheduling conf continued to 1/10/92 @ 9:00 (cc: all counsel) (old) (Entered: 07/25/1991)

July 25, 1991

July 25, 1991

105

MAIL Returned from James B. Morales, National Center for Youth Law. (old) (Entered: 07/30/1991)

July 30, 1991

July 30, 1991

LODGED Stipulation to continue status conference and order thereon (old) (Entered: 01/02/1992)

Jan. 2, 1992

Jan. 2, 1992

106

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : ; Scheduling conf continued to 7/24/92 @ 9:00 (cc: all counsel) (old) (Entered: 01/06/1992)

Jan. 3, 1992

Jan. 3, 1992

107

MAIL Returned addressed to Gen Fujioka marked forwarding expired. (old) (Entered: 01/13/1992)

Jan. 13, 1992

Jan. 13, 1992

108

STIPULATION and ORDER continuing Status Conference by Senior Judge Milton L Schwartz ORDERING the Scheduling conference in this action is CONTINUED to 4/23/93 at 9:00am in ctrm 7 (cc: all counsel) (kh) (Entered: 07/17/1992)

July 17, 1992

July 17, 1992

LODGED stipulation to continue status conference and order thereon by plaintiff (old) (Entered: 04/07/1993)

April 6, 1993

April 6, 1993

109

STIPULATION and ORDER by Senior Judge Milton L Schwartz ORDERING the status conference previously set for 4/24/93 be continued to 11/5/93 at 9:00am before MLS (cc: all counsel) (old) (Entered: 04/08/1993)

April 7, 1993

April 7, 1993

LODGED Stipulation to Continue Status Conference and Order Thereon (old) (Entered: 10/01/1993)

Oct. 1, 1993

Oct. 1, 1993

110

ORDER by Senior Judge Milton L Schwartz GRANTING lodged Stipulation to Continue Status Conference ; Scheduling Conference RESET to 5/13/94 at 9:00 (cc: all counsel) (old) (Entered: 10/05/1993)

Oct. 5, 1993

Oct. 5, 1993

111

NOTICE by court of hearing ; Scheduling Conference reset to 9:00 on 6/3/94 before MLS ( cc: all counsel) (old) (Entered: 04/18/1994)

April 18, 1994

April 18, 1994

LODGED stipulation to continue status conference (old) (Entered: 05/17/1994)

May 16, 1994

May 16, 1994

112

STIPULATION and ORDER by Senior Judge Milton L Schwartz: Scheduling Conference continued to 12/2/94 at 9:00 before MLS (cc: all counsel) (old) (Entered: 05/31/1994)

May 31, 1994

May 31, 1994

113

NOTICE by Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily Lopez of change of address Paul E Lee Legal Aide Foundation of Los Angeles 1102 South Crenshaw Blvd, Los Angeles, CA 90019 (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

114

NOTICE of appearance of counsel for deft by Alfred Moran, Jack Kemp, Samuel Pierce, Duncan Howard (old) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

115

NOTICE by counsel for plaintiffs of change of address to Richard S Kohn, Stephen A Rosenbaum, California Rural Legal Assistance 631 Howard Street, Suite 300, San Francisco, Ca 94105-3907 (old) (Entered: 08/31/1994)

Aug. 31, 1994

Aug. 31, 1994

116

NOTICE of Administrative action by defendants (old) (Entered: 09/19/1994)

Sept. 16, 1994

Sept. 16, 1994

LODGED stipulation to continue status conference and order thereon by plaintiffs (old) (Entered: 11/09/1994)

Nov. 8, 1994

Nov. 8, 1994

117

STIPULATION AND ORDER by Senior Judge Milton L Schwartz GRANTING stipulation to continue status conference due to the parties have begun to discuss settlement of the lawsuit; scheduling conference for 9:00 3/10/95 in courtroom #7 (cc: all counsel) (old) (Entered: 11/15/1994)

Nov. 15, 1994

Nov. 15, 1994

LODGED stipulation to continue status conference and order thereon (old) (Entered: 03/16/1995)

March 14, 1995

March 14, 1995

119

NOTICE of Administrative Action by defts Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 03/29/1995)

March 27, 1995

March 27, 1995

120

STATUS REPORT by plaintiffs (ndd) (Entered: 04/07/1995)

April 6, 1995

April 6, 1995

121

STATUS CONFERENCE REPORT by dfts (old) (Entered: 04/14/1995)

April 10, 1995

April 10, 1995

LODGED Stipulation to continue status conference and order thereon (old) (Entered: 04/14/1995)

April 12, 1995

April 12, 1995

122

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz scheduling conference continued to 9:00 6/9/95 (cc: all counsel) (old) (Entered: 04/14/1995)

April 14, 1995

April 14, 1995

LODGED substitution of attorney by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Lopez (old) (Entered: 06/01/1995)

May 31, 1995

May 31, 1995

123

ORDER by Senior Judge Milton L. Schwartz GRANTING withdrawing attorney William Robert Tamayo for Elodia Jimenez, for Ramona Berber, for Maria Leyva-Valenzuela, for Yolano-Donnelly Tena and substituting attorney Gen Fujioka (cc: all counsel) (old) (Entered: 06/07/1995)

June 7, 1995

June 7, 1995

LODGED Stipulation to continue status conference and order thereof by defendant (old) (Entered: 06/09/1995)

June 9, 1995

June 9, 1995

124

STIPULATION AND ORDER by Senior Judge Milton L Schwartz GRANTING lodged stipulation to continue status conference [0-0]; ORDERING: status conference CONTINUED from 6/9/95 to 9/22/95 at 9:00 before MLS (cc: all counsel) (old) (Entered: 06/12/1995)

June 12, 1995

June 12, 1995

125

NOTICE OF MOTION AND MOTION for temporary restraining order or, in the alternative, for preliminary injunction by pltfs ; motion not noticed for hearing (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

126

MEMORANDUM by pltfs in SUPPORT of motion for tro [125-1], or, in the alternative, for preliminary injunction [125-2] (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

127

DECLARATION of Richard S Kohn in SUPPORT of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2]; EXHIBITS (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

128

EXHIBITS by pltfs in SUPPORT of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2]; EXHBITS A-E (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

LODGED proposed order re: hearing on preliminary injunction by pltfs (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

LODGED proposed order granting tro by pltfs (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

129

PROOF OF SERVICE by pltf of motion for tro [125-1] or, in the alternative, for preliminary injunction [125-2], memorandum in support thereof [126-1], declaration of Richard S Kohn [127-1], exhibits [128-1], proposed order re: hearing on preliminary injunction [0-0], proposed order granting tro [0-0] (old) (Entered: 06/16/1995)

June 16, 1995

June 16, 1995

130

STATEMENT by dfts regarding regulations submitted pursuant to a request made by the court on 6/16/95 re: pltfs' motoin for tro [125-1] and/or preliminary injunction [125-2] (old) (Entered: 06/20/1995)

June 19, 1995

June 19, 1995

131

ORDER by Senior Judge Milton L Schwartz ORDERING: the court held an informal hearing on pltfs' motion for temporary restraining order [125-1], and/or preliminary injunction [125-2] on 6/16/95; dfts represented to the court that their interpretation of the 3/20/95 final regulation published at 60 Federal Register 14816 effective 6/19/95 precludes service of a notice of eviction pursuant to that regulation on any class member on or before 7/19/95; therefore, the court finds it unnecessary either to grant or deny pltfs' motion at this time; rather the court has set the matter for hearing 7/18/95 at 1:30 before WBS; dfts shall file their opposition to this matter by 6/30/95 and pltfs shall file their reply, if any, by 7/7/95 (cc: all counsel) (old) Modified on 06/20/1995 (Entered: 06/20/1995)

June 20, 1995

June 20, 1995

132

MAIL returned [124-1] addressed to Gen Fujioka, counsel for pltfs; FORWARDING ORDER EXPIRED (old) (Entered: 06/22/1995)

June 21, 1995

June 21, 1995

RESERVICE of DOCUMENT(S) [124-1] addressed to Gen Fujioka, co-counsel for pltfs, at new address: Asian Law Caucus, 468 Bush Street, San Francisco, CA 94108 (cc: all counsel) (old) (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

133

MEMORANDUM OF POINTS AND AUTHORITIES by defendants in opposition to motion for temporary restraining order [125-1], to motion for preliminary injunction by [125-2] (old) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

134

EXHIBIT "A" to dfts' memorandum of points and authorities in opposition to pltfs' motion for a preliminary injunction [133-1] (old) (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

135

NOTICE OF MOTION AND MOTION for leave to supplemental complaint by plaintiffs ; AND memorandum of points and authorities; Declaration of David Pallack in support thereof (old) (Entered: 07/10/1995)

July 7, 1995

July 7, 1995

LODGED Ex parte application to shorten time to file related motion; Memorandum of points and authorities and Declartion in support; Proposed order by plaintiff (old) (Entered: 07/11/1995)

July 7, 1995

July 7, 1995

136

NOTICE of filing original declarations by plaintiff in support of pltf's motion for TRO/Premlimary Injuction [125-1], [125-2] (old) (Entered: 07/11/1995)

July 7, 1995

July 7, 1995

137

REPLY BRIEF by plaintiff in support of [125-1], [125-2] (old) (Entered: 07/11/1995)

July 7, 1995

July 7, 1995

138

MAIL returned [131-1] addressed to co-counsel Gen Fujioka (old) (Entered: 07/13/1995)

July 12, 1995

July 12, 1995

139

RESPONSE by defendants Samuel Pierce, Duncan Howard to ex parte application to shorten time [0-0] (old) (Entered: 07/13/1995)

July 12, 1995

July 12, 1995

140

DECLARATION of Juan Soriano in support of reply brief in support of motion for Preliminary injunction [137-1] (old) (Entered: 07/14/1995)

July 13, 1995

July 13, 1995

141

EX PARTE motion by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily for Temporary Restraining Order (old) (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

142

DECLARATION of Richard S Kohn in support of Ex parte motion for TRO [141-1] (old) (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

LODGED proposed Temporary Restraining Order by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Emily Lopez (old) (Entered: 07/18/1995)

July 18, 1995

July 18, 1995

143

NOTICE OF ADMINSTRATIVE ACTION by defts Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 07/19/1995)

July 18, 1995

July 18, 1995

144

DECLARATION of Richard S Kohn in support of motion for TRO [141-1] (old) (Entered: 07/19/1995)

July 18, 1995

July 18, 1995

145

MINUTES of Status before Senior Judge Milton L. Schwartz preliminary injunction hearing set for 10:15 8/10/95 ; govt briefs to be filed by 7/28/95; pltf reply due by 4:30 on 8/4/95; MLS will contact Mary Grad and Richard Kohn by Noon on 7/29/95 re: TRO (old) (Entered: 07/20/1995)

July 18, 1995

July 18, 1995

LODGED Document ex parte application shortening time to file related motion by pltfs NOT USED (old) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

LODGED Document [proposed] TRO NOT USED (old) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

146

ORDER by Senior Judge Milton L. Schwartz GRANTING motion for leave to supplemental complaint by plaintiffs [135-1], DENYING motion for temporary restraining order [125-1], SETTING HEARING on motion for preliminary injunction by pltfs [125-2] for 10:15 on 8/10/95; defts shall file a supplemental brief no later than 4:30pm on 7/28/95, pltfs shall file their reply, if any, no later than 4:30pm on 8/4/95; Within 30 days of the date of this order, pltfs shall file a complaint denominated "Superseding Complaint", which will replace the original supplemental complaints in this case so as to eliminate all allegations that are no longer actionable; deft shall file an anwser or other responsive pleading within 30 days of being served with superseding complaint (cc: all counsel) (old) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

147

FIRST SUPPLEMENT COMPLAINT {class action} by plaintiffs (old) (Entered: 08/08/1995)

July 21, 1995

July 21, 1995

148

DFTS' SUPPLEMENT Memorandum of points and authrities in opposition to plts' motion for a preliminary injunction [125-2] (ndd) Modified on 08/08/1995 (Entered: 07/31/1995)

July 28, 1995

July 28, 1995

149

REPLY by Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily Lopez to response (supplemental memorandum of points and authorities in opposition) to motion for preliminary injunction by pltfs [125-2] (old) Modified on 08/08/1995 (Entered: 08/07/1995)

Aug. 4, 1995

Aug. 4, 1995

150

MINUTES of Law and Motion Hearing before Senior Judge Milton L. Schwartz; DENYING motion for preliminary injunction by pltfs [125-2]; C/R Deanna Majernik (old) (Entered: 08/14/1995)

Aug. 10, 1995

Aug. 10, 1995

151

NOTICE by defendant Samuel Pierce, defendant Duncan Howard, defendant Alfred Moran, defendant Jack Kemp regarding Administrative Action (old) (Entered: 08/14/1995)

Aug. 10, 1995

Aug. 10, 1995

152

NOTICE by plaintiff Yolano-Donnelly Tena, plaintiff Maria Leyva-Valenzuela, plaintiff Ramona Berber, plaintiff Elodia Jimenez, plaintiff Emily Lopez REGARDING and including original declarations in support of pltfs' reply to dfts memo of points and authorities in opposition to pltfs' motion for preliminary injunction (old) (Entered: 08/14/1995)

Aug. 10, 1995

Aug. 10, 1995

LODGED Document proposed order re: hearing on prelim injunction NOT TO BE USED; VACATING [0-0] lodged (old) (Entered: 08/14/1995)

Aug. 14, 1995

Aug. 14, 1995

LODGED Document Proposed Order granting TRO NOT TO BE USED; VACATING [0-0] (old) (Entered: 08/14/1995)

Aug. 14, 1995

Aug. 14, 1995

LODGED Document (proposed) Temporary Restraining Order (old) (Entered: 08/14/1995)

Aug. 14, 1995

Aug. 14, 1995

153

TRANSCRIPT of 8/10/95 hearing on motion for preliminary injunction by C/R Deanna M Majernik (old) (Entered: 08/18/1995)

Aug. 17, 1995

Aug. 17, 1995

LODGED Order re pltf's motion for preliminary injunction by defts Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp (old) (Entered: 08/21/1995)

Aug. 18, 1995

Aug. 18, 1995

154

AMENDED (Superceding) COMPLAINT by pltfs Yolano-Donnelly Tena, Maria Leyva-Valenzuela, Ramona Berber, Elodia Jimenez, Emily (old) (Entered: 08/23/1995)

Aug. 21, 1995

Aug. 21, 1995

155

ORDER by Senior Judge Milton L. Schwartz: DENYING motion for preliminary injunction by pltfs [125-2] (cc: all counsel) (old) (Entered: 08/30/1995)

Aug. 28, 1995

Aug. 28, 1995

156

REQUEST by defts Alfred Moran, Jack Kemp to vacate scheduling conference (old) (Entered: 09/07/1995)

Sept. 5, 1995

Sept. 5, 1995

157

NOTICE of hearing scheduling conference continued to 9:00 11/9/95 ( cc: all counsel) (old) (Entered: 09/14/1995)

Sept. 13, 1995

Sept. 13, 1995

158

MOTION by defendants to dismiss , for summary judgment motion to be heard by Senior Judge Milton L. Schwartz, on 9/20/95 at 9:00 in courtroom 7 (old) (Entered: 09/21/1995)

Sept. 20, 1995

Sept. 20, 1995

159

MEMORANDUM by defendant Duncan Howard in support of defendants' motion to dismiss and for summary judgment [158-1], [158-2] (old) (Entered: 09/21/1995)

Sept. 20, 1995

Sept. 20, 1995

160

NOTICE of hearing scheduling conference for 9:00 11/17/95 ( cc: ) (old) (Entered: 09/22/1995)

Sept. 20, 1995

Sept. 20, 1995

LODGED Notice of change in responsible attorney by plaintiffs (kb) (Entered: 10/05/1995)

Oct. 4, 1995

Oct. 4, 1995

161

SUBSTITUTION of Attorney Rod Field replacing attorney Paul E Lee for pltfs Emily Lopez, Elodia Jimenez, Ramona Berber, Maria Leyva-Valenzuela, Yolano-Donnelly Tena (cc: all counsel) (kb) (Entered: 10/13/1995)

Oct. 4, 1995

Oct. 4, 1995

LODGED Notice of Substitution and appearancee of counsel for dfts by defendant (old) (Entered: 10/31/1995)

Oct. 30, 1995

Oct. 30, 1995

163

REQUEST for Judicial notice by plaintiffs (old) (Entered: 11/07/1995)

Nov. 3, 1995

Nov. 3, 1995

164

DECLARATION of David Pallack in support of request for judicial notice for denial or continuance of summary judgment under FRCP 56(f) [163-1] (old) (Entered: 11/07/1995)

Nov. 3, 1995

Nov. 3, 1995

165

STATUS REPORT by plaintiffs (old) (Entered: 11/09/1995)

Nov. 7, 1995

Nov. 7, 1995

166

ORDER by Senior Judge Milton L. Schwartz withdrawing attorney Anne L Wismann for dfts Jack Kemp, Alfred Moran, Duncan Howard, Samuel Pierce and substituting attorney Michael Sitcov (cc: all counsel) (ndd) (Entered: 11/14/1995)

Nov. 9, 1995

Nov. 9, 1995

167

NOTICE of hearing scheduling conference CONTINUED to 12/8/95 (ndd) (Entered: 11/15/1995)

Nov. 9, 1995

Nov. 9, 1995

168

NOTICE of filing of original Declarations in support of plts' Opposition [162-1] to dfts' motion to dismiss, or in the alternative, for summary judgment (ndd) (Entered: 11/20/1995)

Nov. 17, 1995

Nov. 17, 1995

169

REPLY by Samuel Pierce, Duncan Howard, Alfred Moran, Jack Kemp to response in opposition to motion by defendants to dismiss [158-1], motion for summary judgment [158-2] (old) (Entered: 12/04/1995)

Dec. 1, 1995

Dec. 1, 1995

170

MINUTES before Senior Judge Milton L Schwartz that the motion by defendants to dismiss [158-1] is SUBMITTED, that the motion for summary judgment [158-2] is SUBMITTED scheduling conference is VACATED; Court to prepare order Deanna Majernik (old) (Entered: 12/14/1995)

Dec. 8, 1995

Dec. 8, 1995

171

MEMORANDUM OF DECISION AND Order: by Senior Judge Milton L Schwartz ORDERING: defts motion to dismiss pltf first and third claims for relief which challenge the constitutionality of section 214 and certain provisions of the 1995 final rule is DENIED; the court defers ruling on defts motion for summary judgment on these claims in order to give pltfs time to conduct discovery necessary to respond to this motion; defts motion to dismiss pltfs second claim for relief which alleges that section 214 constitutes an improper delegation of legislative power is GRANTED and this claim is dismissed with prejudice; defts motion to dismiss pltfs fourth claim for relief which alleges that defts violated the FHA 42 USC 3601-3619 is GRANTED and this claim is dismissed with prejudice; the court declines to rule on defts motion to dismiss or motion for summary judgment on pltfs fifth claim for relief brought pursuant to the Adminstrative Procedure Act 5 USC 706(2)(A)(C) because the court does not consider this to be a claim for relief that is separate and distinct from pltfs other claims for relief; defts motion to dismiss pltfs sixth claim for relief which alleges that defts violated NEPA 42 USC 4332(2)(c) is DENIED; additionally defts motion for summary judgment on this claim is also DENIED; defts motion to dismiss pltfs seventh claim for relief which alleges that defts findings under the Regulatory Flexibility Act 5 USC 605(b) and Executive Order 12291 constitute an abuse of discretion is GRANTED and this claim is dismissed with prejudice; based on the foregoing the court sets a special status conference for 4/12/96 at 11:00am to address further scheduling of pretrial motions pertaining to pltfs first third and sixth claims for relief; scheduling conference is set for 11:00am on 4/12/96 (cc: all counsel) (old) (Entered: 03/08/1996)

March 8, 1996

March 8, 1996

LODGED Stipulation to continue status conference and order thereon by defendants (kb) (Entered: 04/09/1996)

April 5, 1996

April 5, 1996

172

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz Continuing scheduling conference from 4/12/96 to 9:00 on 5/24/96 (cc: all counsel) (old) (Entered: 04/10/1996)

April 10, 1996

April 10, 1996

LODGED Stipulation to continue status conference and order by defendant (old) (Entered: 05/23/1996)

May 20, 1996

May 20, 1996

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 15, 1986

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All United States citizens and "eligible aliens" as defined in 42 U.S.C. § 1436a nationwide who would be eligible for subsidized housing but for the presence in the family of an adult who is an ineligible alien.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Housing and Urban Development , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2000

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights