Case: Hawkins v. HUD

8:90-cv-00055 | U.S. District Court for the District of Nebraska

Filed Date: Feb. 2, 1990

Closed Date: Feb. 17, 2005

Clearinghouse coding complete

Case Summary

On February 2, 1990, four public housing residents in Omaha filed this class action lawsuit against the Omaha Housing Authority (OHA), the U.S. Department of Housing and Urban Development (HUD), and the City of Omaha in the U.S. District Court for the District of Nebraska. The plaintiffs alleged that the manner in which federal housing assistance programs were administered in Omaha was discriminatory and served to maintain a system of racially segregated housing. According to the Galster Report…

On February 2, 1990, four public housing residents in Omaha filed this class action lawsuit against the Omaha Housing Authority (OHA), the U.S. Department of Housing and Urban Development (HUD), and the City of Omaha in the U.S. District Court for the District of Nebraska. The plaintiffs alleged that the manner in which federal housing assistance programs were administered in Omaha was discriminatory and served to maintain a system of racially segregated housing. According to the Galster Report (a study commissioned by the Urban Institute on housing desegregation lawsuits), “the plaintiffs alleged that OHA deliberately sited public housing developments in the minority areas of Omaha and used special criteria to screen applicants to the housing authority’s scattered-site program that were discriminatory.” Represented by private counsel, the plaintiffs sought injunctive relief.

Following the filing of the compliant, the parties entered into a long and hotly disputed discovery process that lasted nearly four years.

Chief Judge Lyle E. Strom granted a preliminary injunction on November 13, 1991, which enjoined the OHA from imposing any criteria on residents who needed to relocate from a planned demolition (because at that time no existing residents could meet the program’s requirements for scatter-site housing), and permitted HUD to authorize departures from the OHA tenant selection and assignment plan based on the findings of its occupancy audit. However, on August 11, 1992 Chief Judge Strom dismissed the plaintiffs' claim that the housing practices also discriminated against elderly persons and denied their motion to certify a class. Subsequently, the plaintiffs filed an amended complaint on the same day.

The case went to trial on August 9, 1993, but before it was completed, the parties agreed to a settlement that Chief Judge Strom approved on January 21, 1994. According to the Galster Report, the settlement defined a class of “all past and present applicants for and past and present recipients of federal housing assistance administered by OHA for low-income persons in Omaha; past and present residents of Tommie Rose Gardens [a private Section 8 development]; residents (as of July 31, 1991) of Logan Fontenelle Homes eligible for, but excluded from, scattered site single-family dwellings operated by OHA.” The agreement provided for “the demolition and replacement of public housing units, issuance of new Section 8 subsidies, establishment of a housing mobility program, and inspections of properties accepting Section 8 subsidies.”

Following the settlement agreement, the plaintiffs filed a motion to enforce the settlement. On January 10, 1995 Chief Judge Strom granted the motion to enforce based on the "continuing hostility between the parties," which caused the difficulties in implementing the settlement agreement, and ordered OHA to pay reasonable attorney's fees and costs.

By October 1998, “the majority of the elements have been implemented, although one key element, the provision of replacement housing, had not been completed.” The three main reasons given for lack of implementation were the “timing of demolition, opposition to replacement plans, and replacement costs.” The demolition happened almost immediately and totally after settlement, and as result there was not sufficient replacement housing ready following the demolition. OHA then attempted to purchase property for scatterer-site public housing, but it received considerable opposition from residents of the neighborhoods in which the units were to be located. And finally, somewhere between 1996 and 1997 OHA realized that the remaining $29 million would be insufficient to acquire the necessary replacement housing under the settlement. OHA requested an additional $10 million from HUD, but HUD required a full audit of the program and, as of October 1998, it had yet to approve the request.

However, the other four elements of the settlement were successfully implemented by October 1998:

1) Demolition: “OHA demolished the public housing units at the three developments named in the settlement.”

2) Issuance of new section 8 subsidies: “OHA received from HUD the 100 new Section 8 subsidies and issued them in accordance with the settlement.”

3) Establishment of a housing mobility program: “FHAS, the organization chosen, established Project Jericho and the program continues to function. The program had served 930 households and placed 663 households in housing from when it began through May, 1998. Of the households placed, 59 percent moved into or within nonimpacted areas of the city.”

4) Inspections of properties accepting Section 8 subsidies: “HUD conducted the required HQS reviews of Section 8 properties.” (Galster Report.)

On February 2, 2005 the replacement of public housing units required by the settlement was still unfulfilled, so the parties agreed on a modification to the original settlement agreement, which (1) established express deadlines for completion of the replacement housing; and (2) stated that completion required either total rehabilitation of existing housing or total completion of new housing.

On November 17, 2005 the case was dismissed as the terms of the settlement agreement had been satisfied. The case is now closed.

Summary Authors

Madeline Buday (11/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5650512/parties/hawkins-v-hud/


Judge(s)

Strom, Lyle Elmer (Nebraska)

Attorneys(s) for Plaintiff

Benson, Arthur A. (Missouri)

Clarkson, Mary P (Nebraska)

Johnson, Veronica (Missouri)

Moritz, Dianne E (Missouri)

O'Roark, Timothy M (Colorado)

Shepard, Karen L (Nebraska)

Attorneys(s) for Defendant

Bradford, Dana C III (Nebraska)

Bunger, Charles K (Nebraska)

Cotton, Sheri E (Georgia)

Judge(s)

Strom, Lyle Elmer (Nebraska)

Attorneys(s) for Plaintiff

Benson, Arthur A. (Missouri)

Clarkson, Mary P (Nebraska)

Johnson, Veronica (Missouri)

Moritz, Dianne E (Missouri)

O'Roark, Timothy M (Colorado)

Shepard, Karen L (Nebraska)

Attorneys(s) for Defendant

Bradford, Dana C III (Nebraska)

Bunger, Charles K (Nebraska)

Cotton, Sheri E (Georgia)

Flagg, Patricia Sharin (District of Columbia)

Forrest, Herbert E (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Grzeskowiak, Colleen B (District of Columbia)

Herold, John W. (District of Columbia)

Kratz, Paul D (Nebraska)

Madgett, Paul W. (Nebraska)

McKeone, Deborah J (Nebraska)

Schmeltzer, Howard M. (District of Columbia)

Shaw, Stephen (District of Columbia)

Simpson, Kevin M (District of Columbia)

Von Baxter, Felix (District of Columbia)

Whitner, Eric L (Nebraska)

Zabin, Harold M (Nebraska)

Other Attorney(s)

Sitcov, Michael (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 17, 2005 Docket

Settlement Agreement

Hawkins v. Cisneros

Nov. 4, 1993 Settlement Agreement
474

Modification to Settlement Agreement [ECF #474]

Feb. 14, 2005 Settlement Agreement
480

Order to Dismiss

Hawkings v. Jackson

Nov. 17, 2005 Order/Opinion

Resources

Title Description External URL

Urban Institute Baseline Assessment of Public Housing Desegregation Cases

George Galster et al.

Over several generations, many local public housing authorities have established and perpetuated racially segregated and discriminatory systems for delivering public housing and other housing assista… Jan. 1, 2000

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5650512/hawkins-v-hud/

Last updated May 20, 2022, 1:55 a.m.

ECF Number Description Date Link
480

ORDER TO DISMISS - regarding 479 Motion to Dismiss. The Court has considered the motion and attachments and finds that the terms of the Settlement Agreement approved by the Court on 1/21/94, plus all modifications hereto have been met and the obligations of the defendants have been satisfied. Signed by Judge Lyle E. Strom on 11/17/2005. (JAE, )

Nov. 17, 2005 RECAP
1

COMPLAINT: Summon(es) issued 2 with receipt in the amount of $ 120.00 w/req for T in Omaha (ADB) (Entered: 12/30/1991)

Feb. 2, 1990
2

AMENDED COMPLAINT [1−1] by plaintiffs adding Ds Housing Authority &City of Omaha; iss summs (ADB) (Entered: 12/30/1991)

Feb. 8, 1990
65

STATEMENT of issues, goals &conditions for alternative dispute resolution procedures by plaintiffs (filed per LES) (ADB) (Entered: 12/30/1991)

Nov. 5, 1990
92

DEPOSITION of John G. Brinjak (ADB) (Entered: 12/30/1991)

Feb. 19, 1991
93

DEPOSITION of Robert L. Armstrong (ADB) (Entered: 12/30/1991)

Feb. 27, 1991
116

MINUTES before Chief Judge Lyle E. Strom re hrg on mtn to certify clas &to intervene #98 ; evid by P &D; oral argu; order subm. (ADB) (Entered: 12/30/1991)

May 17, 1991
118

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Lyle E. Strom − CCAP (ADB) (Entered: 12/30/1991)

July 31, 1991
119

ORDER by Chief Judge Lyle E. Strom dismissing party Rodriquez Hargett ; Ps' mtn 4 cert of main class is denied; Ps' mtn 4 cert of a sbclass is grnt; sublcass defined as current residents of Logan Fontenelle Homes who are eligible 4 but presently excluded from prtcptn in program of scattered site single−family dwellings is conditionally cert; mtn to intervene of Ethel Bynum &Tomi Harris is grnt; City of Omaha's cross mtn for SJ Flg #114 is denied; OHA's mtn for SJ flg #68 &Ps' cross−mtn 4 SJ flg #117 are denied; Federal Ds' mtns to stay their resp to Ps' cross−mtn for SJ are denied as moot−#107 &108; OHS's obj to Ps' exh in opposition to OHA's mtn for SJ &in sprt of Ps' cross−mtn for SJ is denied as moot #109; Federal Ds' mtn to dism for lack of standing #105 &oppstn to Ps' req for cert as a class #106 are denied; Hrng on Ps' mtn for preliminary injunction is set for 10 a.m., 9/6/91 − CCAP (ADB) (Entered: 12/30/1991)

July 31, 1991
133

MOTION by defendant Housing Authority for reconsideration (ADB) (Entered: 12/30/1991)

Aug. 20, 1991
141

DEPOSITION of Julia Parker −orig only loose in file (ADB) (Entered: 12/30/1991)

Sept. 6, 1991
142

DEPOSITION of Charlie Hill − orig loose in env (ADB) (Entered: 12/30/1991)

Sept. 6, 1991
146

MINUTES before Chief Judge Lyle E. Strom re: hrg on Ps mtn for preliminary inj #94; evid by P &D; ordered−Ps applic for PI agnst C of O denied; P to submit in writing by 9/20/91 @ 12 exactly what injunctive relief is desired (ADB) (Entered: 12/30/1991)

Sept. 16, 1991
147

EXHIBIT &WITNESS List. (ADB) (Entered: 12/30/1991)

Sept. 16, 1991
150

ORDER &PRELIMINARY INJUNCTION by Chief Judge Lyle E. Strom re PI is grnt agnst OHA &den as to HUD &the C of O; OHA is enjoined from imposing any criteria on resid relocate to Logan Fontenelle Demolition; HUD is permitted to authorize departures from the OHA tenant selection &assignment plan based on the findings of its occupancy audit− CCAP (ADB) (Entered: 12/30/1991)

Nov. 13, 1991
151

MEMORANDUM, OPINION, AND ORDER: by Chief Judge Lyle E. Strom re: preliminary injunction− CCAP (ADB) (Entered: 12/30/1991)

Nov. 13, 1991
153

TRANSCRIPT b/4 LES held on 9/6/91 re testimony of Dr. Patricia Funk (ADB) (Entered: 12/30/1991)

Nov. 19, 1991
155

ORDER by Chief Judge Lyle E. Strom ; scheduling cnf to be held in Chambers on 1/2/92 @ 8:30 − CCAP (ADB) (Entered: 12/30/1991)

Nov. 26, 1991
154

MOTION by defendant HUD, defendant HUD, defendant Housing Authority, defendant Omaha, City of to clarify its preliminary injunction order by declaring that HUD may seek to enforce the crts order. (ICMSUSER) (Entered: 01/02/1992)

Nov. 26, 1991
159

NOTICE by plaintiff Mary Hawkins, plaintiff Rodriquez Hargett, plaintiff Claudia Nelson, plaintiff Ersalene Davis of taking deposition of Doni Yoast on 1/6/92 (ICMSUSER) Modified on 12/30/1991 (Entered: 12/30/1991)

Dec. 30, 1991
160

MOTION by defendant Housing Authority to extend time to permit the Omaha Housing Authority to file mot to strike. (w/attach orig of mot to strike) (ICMSUSER) (Entered: 01/02/1992)

Dec. 31, 1991
161

MOTION by defendant Housing Authority to extend time until 60 days for D to ans interrogs which P have served. (ICMSUSER) (Entered: 01/02/1992)

Dec. 31, 1991
162

ORDER by Chief Judge Lyle E. Strom granting motion to extend time until 2/10/92 days for D to ans interrogs which P have served. [161−1] − CCAP (ICMSUSER) (Entered: 01/02/1992)

Jan. 2, 1992
164

ORDER by Chief Judge Lyle E. Strom granting motion to extend time to permit the Omaha Housing Authority to file mot to strike. (w/attach orig of mot to strike) [160−1] − CCAP (ICMSUSER) (Entered: 01/02/1992)

Jan. 2, 1992
165

MOTION by defendant Housing Authority to strike from the consideration of the crt the "evidentiary materials". (ICMSUSER) (Entered: 01/02/1992)

Jan. 2, 1992
166

ORDER by Chief Judge Lyle E. Strom denying motion to strike from the consideration of the crt the "evidentiary materials". [165−1] denying the motion of federal Ds for clarification of the preliminary injunction w/prej [154−1] − CCAP (ICMSUSER) (Entered: 01/02/1992)

Jan. 2, 1992
167

ORDER by Chief Judge Lyle E. Strom ; Discovery set for 4/6/92 by way of written interrogs, req for prod of docs, and req for admissions; Further scheduling cnf set for 5/22/92 at 2:00 ; No depos shall be sched other than the depo of Doni Yoast, which is presented sched for 1/6/92. The Ps Motions, parties to add or amend the pleadings, Filing ddl by 4/5/92 − CCAP (ICMSUSER) (Entered: 01/02/1992)

Jan. 2, 1992
168

NOTICE by defendant HUD, defendant HUD, defendant Housing Authority of change of address of cnsl. U.S. Dept. of Justice. (ICMSUSER) (Entered: 01/09/1992)

Jan. 9, 1992
169

NOTICE by plaintiffs of serving req for prod of physical items upon Ds. (ICMSUSER) (Entered: 01/27/1992)

Jan. 27, 1992
170

MOTION by defendant HUD, defendant HUD, defendant Housing Authority for protective order (ICMSUSER) Modified on 05/06/1992 (Entered: 02/10/1992)

Feb. 7, 1992
171

DECLARATION of Kevin M. Simpson. (ICMSUSER) (Entered: 02/10/1992)

Feb. 7, 1992
172

NOTICE by defendant Housing Authority of serv ans to interrogs upon P. (ICMSUSER) (Entered: 02/11/1992)

Feb. 11, 1992
173

NOTICE by defendant Housing Authority of serv resp to Ps req for prod of docs upon P. (ICMSUSER) (Entered: 02/11/1992)

Feb. 11, 1992
174

NOTICE by defendant Omaha, City of , of serv resp to interrogs upon P. (ICMSUSER) (Entered: 02/13/1992)

Feb. 13, 1992
175

NOTICE by defendant Housing Authority of serv of mtn for lv to serve more than 50 interrog and afdt of Harold M. Zabin. (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
176

NOTICE by defendant Housing Authority of serv of req for prod of docs. (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
177

NOTICE by defendant Housing Authority of serv of req for adms. (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
178

NOTICE by defendant Housing Authority of serv of 2nd set of suppl interrog. (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
179

MOTION by defendant Housing Authority for leave to serv more than 50 interrog (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
180

AFFIDAVIT of Harold M. Zabin regarding motion for leave to serv more than 50 interrog [179−1] (CJS) (Entered: 03/02/1992)

Feb. 28, 1992
181

NOTICE by defendant Housing Authority of serv of resp to req for prod of physical items. (CJS) (Entered: 03/03/1992)

March 2, 1992
182

ORDER by Chief Judge Lyle E. Strom granting motion for leave to serv more than 50 interrog [179−1] − CCAP (CJS) (Entered: 03/05/1992)

March 5, 1992
183

CERTIFICATE of RPTR re: depos of Donnis Yoast. (CJS) (Entered: 03/19/1992)

March 19, 1992
185

AMENDED MOTION by plaintiff Mary Hawkins, plaintiff Rodriquez Hargett, plaintiff Claudia Nelson, plaintiff Ersalene Davis to extend time to file ans to OHA discovery. (ICMSUSER) (Entered: 03/27/1992)

March 26, 1992
186

NOTICE by plaintiff Mary Hawkins, plaintiff Ersalene Davis of serv third set of interrogs, Third req for prod of docs, Third set of interrogs, Third req for prod of docs upon Ds. (ICMSUSER) (Entered: 04/07/1992)

April 6, 1992
187

SECOND MOTION by defendant HUD, defendant HUD, defendant Housing Authority for protective order (ICMSUSER) (Entered: 04/30/1992)

April 30, 1992
188

DECLARATION by defendant HUD, defendant HUD, defendant Housing Authority re motion for protective order [187−1] (ICMSUSER) (Entered: 04/30/1992)

April 30, 1992
189

MOTION by Jena Jackson, Rhonda Brewer and Shaun Copeland to intervene (CJS) (Entered: 05/05/1992)

May 4, 1992
190

NOTICE by plaintiff Mary Hawkins, plaintiff Ersalene Davis of serv of ans to 2nd set of interrog; resp to req for admissions; resp to req for prod of docs; suppl ans to 1st set of interrog; suppl ans to 1st set of suppl interrog. (CJS) (Entered: 05/05/1992)

May 4, 1992
191

2nd MOTION by plaintiff Mary Hawkins, plaintiff Claudia Nelson, plaintiff Ersalene Davis to certify class action (CJS) (Entered: 05/05/1992)

May 4, 1992
192

2nd AMENDED COMPLAINT [2−1] by plaintiff Mary Hawkins, plaintiff Ersalene Davis (CJS) (Entered: 05/05/1992)

May 4, 1992
193

MOTION by defendant Housing Authority for protective order (CJS) (Entered: 05/06/1992)

May 5, 1992
194

MOTION by plaintiff Mary Hawkins, plaintiff Ersalene Davis to extend written discovery deadline of the 4/6/92 date. (ICMSUSER) (Entered: 05/08/1992)

May 8, 1992
195

NOTICE by defendant Omaha, City of of serv of interrog. (CJS) (Entered: 05/13/1992)

May 13, 1992
196

MOTION by defendant Omaha, City of to extend time within which to complete written interrog, req for prod of docs and req for adm , and for leave to serve more than 50 interrog (CJS) (Entered: 05/13/1992)

May 13, 1992
197

AFFIDAVIT of Sheri E. Long regarding motion to extend time within which to complete written interrog, req for prod of docs and req for adm [196−1], regarding motion for leave to serve more than 50 interrog [196−2] (CJS) (Entered: 05/13/1992)

May 13, 1992
198

MOTION by plaintiff Mary Hawkins, plaintiff Ersalene Davis, defendant Housing Authority to extend time til 5/21/92 in which to respond to mtn to intervene of Jean Jackson, Rhonda Brewer and Shaun Copeland; 2nd mtn for certification as a class action; mtn for ext of 4/6/92 written disc deadline and 2nd amended complt (CJS) (Entered: 05/13/1992)

May 13, 1992
199

ORDER by Chief Judge Lyle E. Strom granting motion to extend time til 5/21/92 in which to respond to mtn to intervene of Jean Jackson, Rhonda Brewer and Shaun Copeland; 2nd mtn for certification as a class action; mtn for ext of 4/6/92 written disc deadline and 2nd amended complt [198−1] motion by Jena Jackson, Rhonda Brewer and Shaun Copeland to intervene [189−1] motion to certify class action [191−1] motion to extend written discovery deadline of the 4/6/92 date. [194−1] − CCAP (ICMSUSER) (Entered: 05/15/1992)

May 15, 1992
200

ORDER by Chief Judge Lyle E. Strom referring to Magistrate Kathleen A. Jaudzemis the motion for protective order [170−1] referring to Magistrate Kathleen A. Jaudzemis the motion for protective order [187−1] referring to Magistrate Kathleen A. Jaudzemis the motion for protective order [193−1] − rescinded per order #212 dated 5/27/92 − CCAP (ICMSUSER) Modified on 05/27/1992 (Entered: 05/15/1992)

May 15, 1992
201

ORDER by Chief Judge Lyle E. Strom finding the motion to extend time to ans interrog and req for prod of docs [184−1] moot. finding the motion to extend time to file ans to OHA discovery. [185−1] moot. − CCAP (ICMSUSER) (Entered: 05/15/1992)

May 15, 1992
202

MOTION by defendant HUD, defendant HUD, defendant Housing Authority to dismiss certain claims for lack of standing. (ICMSUSER) (Entered: 05/18/1992)

May 18, 1992
203

NOTICE by defendant HUD, defendant HUD, defendant Housing Authority of evidentiary materials in support of federal Ds opposition to Ps second mot for class certification and mot to dism certain claims for lack of standing. (ICMSUSER) (Entered: 05/18/1992)

May 18, 1992
204

MOTION by defendant HUD, defendant HUD, defendant Housing Authority to strike Ps second amended complaint. (ICMSUSER) Modified on 05/18/1992 (Entered: 05/18/1992)

May 18, 1992
205

NOTICE by defendant HUD, defendant HUD, defendant Housing Authority of evidentiary materials in support of federal defendants opposition to Ps mot for extension of April 6, 1992 written discovery deadline. (ICMSUSER) (Entered: 05/18/1992)

May 18, 1992
206

CERTIFICATE by defendant HUD, defendant HUD, defendant Housing Authority of serv Mem of points and Authorities in opposition to Ps second mot for class Certaification and in support of mot to dism Certain claims for lack of standing; evdentiary materials in suupport of federal Ds opposition to Ps second motion for class certaification and mot to dism certain claims for lack of standing; mot to dism certain claims for lack of standing; Proposed order (dismissing certain claims); Federal Ds opposition to mot to Intervene; Federal Ds memo in support of mot to strike second amended cmp; mot to strike second amended cmp; Proposed order (striking second amended complaint; Proposed order striking second Ps mot for ext of April 6, 1992 written disc deadline; and evidentiary materials in support of federal Ds oposition to Ps mot for Ext of April 6, 1992 disc deadline. (ICMSUSER) (Entered: 05/18/1992)

May 18, 1992
207

ORDER by Chief Judge Lyle E. Strom referring to Magistrate Kathleen A. Jaudzemis the motion to extend written discovery deadline of the 4/6/92 date [194−1] rescinded per order #212 dated 5/27/92 − CCAP (ICMSUSER) Modified on 05/27/1992 (Entered: 05/19/1992)

May 19, 1992
208

MOTION by defendant Housing Authority to strike P's 2nd amended complt (CJS) (Entered: 05/22/1992)

May 21, 1992
209

AFFIDAVIT of Steven J. Riekes. (loose in env) (CJS) Modified on 05/22/1992 (Entered: 05/22/1992)

May 21, 1992
210

SUPPLEMENTAL AFFIDAVIT of Joyce Beasley. (loose in env) (CJS) Modified on 05/22/1992 (Entered: 05/22/1992)

May 21, 1992
211

MINUTES before Chief Judge Lyle E. Strom re: scheduling conference; schedule set − Ps sh file mtn to allow the filing of a 2nd amended complt by 6/1/92; Ds sh respond by 6/8/92; any mtns by the Dfs to join in various govt mtns sh be filed by 6/1/92; Ps sh respond by 6/8/92; the referrals of mtns 170, 187, 193 and 194 to KAJ are withdrawn. (CJS) (Entered: 05/27/1992)

May 26, 1992
212

ORDER by Chief Judge Lyle E. Strom that the Ct's prev orders (#200 and #207) referring Nos. 170, 187, 193 and 194 to KAJ is rescinded. − CCAP (CJS) (Entered: 05/27/1992)

May 27, 1992
213

MOTION by Plaintiffs Mary Hawkins, Rodriquez Hargett, Claudia Nelson, Ersalene Davis for leave to file attached 2nd amended complaint (ADB) (Entered: 06/01/1992)

May 29, 1992
214

MEMORANDUM AND ORDER: by Chief Judge Lyle E. Strom denying motion for protective order [170−1] denying motion for protective order [187−1] denying motion for protective order [193−1] granting motion to extend written discovery deadline of the 4/6/92 date. [194−1]; plaintiff's service of a third set of interrogs and req for production of docs deemed timely; Ds given until 8/31/92 to respond to Ps discovery requests; granting motion to extend time within which to complete written interrog, req for prod of docs and req for adm [196−1], granting motion for leave to serve more than 50 interrog [196−2]; D−City shall complete disc against the Ps and intervenors by way of written interrogs, requests for production of docs, and requests for admission on/b4 8/31/92 and is granted leave to serve more than 50 interrogs on ea of the Ps and intervenors. − CCAP (PCV) Modified on 08/04/1992 (Entered: 08/04/1992)

Aug. 3, 1992
215

MEMORANDUM AND ORDER: by Chief Judge Lyle E. Strom granting motion for leave to file 2nd amended complaint instanter [213−1] denying motion to strike Ps second amended complaint. [204−1] denying motion to strike P's 2nd amended complt [208−1] granting motion to dismiss the following claims for lack of standing: Ps' claims relating to discriminatory administration of elderly housing program are dism [202−1] granting motion by Jena Jackson, Rhonda Brewer and Shaun Copeland to intervene [189−1] denying motion to certify class action [191−1] − CCAP (ADB) Modified on 08/12/1992 (Entered: 08/12/1992)

Aug. 11, 1992
216

2ND AMENDED COMPLAINT by plaintiffs et al (ADB) (Entered: 08/12/1992)

Aug. 11, 1992
217

ANSWER by defendant Housing Authority to 2ND AMENDED COMPLAINT (ADB) (Entered: 08/24/1992)

Aug. 21, 1992
218

ANSWER by defendants Jack Kemp, Secretary of HUD &HUD to 2ND AMENDED COMPLAINT (ADB) (Entered: 08/25/1992)

Aug. 24, 1992
219

LETTER/ORDER by Chief Judge Lyle E. Strom scheduling cnf set for 9/11/92 at 1:30 − CCAP (ADB) (Entered: 08/25/1992)

Aug. 25, 1992
220

STIPULATED MOTION by Mary Hawkins, Ersalene Davis, Jack Kemp, &HUD to extend time to respond to discovery until 9/21/92 (ADB) (Entered: 09/01/1992)

Aug. 31, 1992
221

NOTICE by defendant HUD of serving parties with responses to plaintiffs' 2nd set of interrogatories &plaintiffs' 3rd set of interrogatories &plaintiffs' request for production of documents (ADB) (Entered: 09/01/1992)

Aug. 31, 1992
222

CERTIFICATE by defendant HUD of serving parties with responses to plaintiffs' 2nd &3rd set of interrogatories &2nd set of requests for production of documents (ADB) (Entered: 09/01/1992)

Aug. 31, 1992
223

NOTICE by defendants of serving parties with responses to plaintiffs' 3rd set of requests for production of documents (ADB) (Entered: 09/01/1992)

Sept. 1, 1992
224

NOTICE by plaintiffs Mary Hawkins, et al of taking deposition of Joyce Beasley, Mgr of Sec. 8 on 9/10/92 at 1:30 (ADB) (Entered: 09/08/1992)

Sept. 4, 1992
225

NOTICE by plaintiff Mary Hawkins, et al of taking deposition of Betty Bottiger on 9/11/92 at 9:00 (ADB) (Entered: 09/08/1992)

Sept. 8, 1992
226

ORDER by Chief Judge Lyle E. Strom granting motion to extend time to respond to discovery until 9/21/92 [220−1]; does not prej right of dft HUD to object to plaintiff's disc or of either party to petition Crt for stay of disc or further modifications of disc sched CCAP (ADB) (Entered: 09/10/1992)

Sept. 9, 1992
227

PROGRESSION/SCHEDULING ORDER Chief Judge Lyle E. Strom ; non−jury trial set for 8/2/93 ; pretrial conference set for 1:30 7/23/93 ; Discovery set for 12/1/92; Ms for SJ or Ms to dism due by 4/15/93; responses to Ms to dism &for SJ due by 5/15/93, etc − CCAP (ADB) Modified on 09/15/1992 (Entered: 09/15/1992)

Sept. 15, 1992
228

NOTICE by defendant Housing Authority of the City of Omaha of serving parties with Answers to plaintiffs' 3rd set of interrogatories (ADB) (Entered: 09/16/1992)

Sept. 15, 1992
229

NOTICE by defendant Housing Authority of the City of Omaha of serving parties with Response to plaintiffs' 3rd request for production of documents (ADB) (Entered: 09/16/1992)

Sept. 15, 1992
231

NOTICE by defendant HUD, defendant HUD, defendant Housing Authority, defendant City of Omaha of serv of resp to 2nd set of interrog #1 thru 44, resp to reqs for prod. (CJS) (Entered: 09/22/1992)

Sept. 22, 1992
232

CERTIFICATE of RPTR. re: depos of Betty Bottiger. (CJS) (Entered: 09/28/1992)

Sept. 28, 1992
233

NOTICE by plaintiffs Mary Hawkins et al of taking deposition of Roger Massey, Mgr. of HUD on 10/23/92 at 1:00 (ADB) (Entered: 10/08/1992)

Oct. 7, 1992
234

NOTICE by plaintiff Mary Hawkins of taking deposition of Charles Jean Baptiste on 10/22/92 at 11:00 (ADB) (Entered: 10/08/1992)

Oct. 7, 1992
235

NOTICE by plaintiff Mary Hawkins, plaintiff Ersalene Davis of taking oral deposition of Charles Jean Baptiste on 10/27/92 at 1:45 (CJS) (Entered: 10/15/1992)

Oct. 14, 1992
236

NOTICE by plaintiff Mary Hawkins, plaintiff Ersalene Davis of taking oral deposition of Roger Massey on 10/27/92 at 8:30 (CJS) (Entered: 10/15/1992)

Oct. 14, 1992
237

AMENDED NOTICE by plaintiffs Mary Hawkins et al of taking deposition of Charles Jean Baptiste on 10/27/92 at 1:45 (ADB) (Entered: 10/19/1992)

Oct. 16, 1992
238

NOTICE by plaintiffs Mary Hawkins et al of serving Answers to City of Omaha's interrogatories (ADB) (Entered: 10/20/1992)

Oct. 20, 1992
239

NOTICE by plaintiff Mary Hawkins, et al of serving discovery documents (ADB) (Entered: 10/30/1992)

Oct. 30, 1992
240

NOTICE by defendant Housing Authority of serv of req for prod of docs. (CJS) (Entered: 11/02/1992)

Oct. 30, 1992
241

NOTICE by defendant Housing Authority of serv of req for prod of docs. (CJS) (Entered: 11/02/1992)

Oct. 30, 1992
242

NOTICE by defendant Housing Authority of serv of req for prod of docs. (CJS) (Entered: 11/02/1992)

Oct. 30, 1992

State / Territory: Nebraska

Case Type(s):

Public Housing

Key Dates

Filing Date: Feb. 2, 1990

Closing Date: Feb. 17, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four public housing residents on behalf of a class of "all past and present applicants for and past and present recipients of federal housing assistance administered by OHA for low-income persons in Omaha; past and present residents of Tommie Rose Gardens [a private Section 8 development]; residents (as of July 31, 1991) of Logan Fontenelle Homes eligible for, but excluded from, scattered site single-family dwellings operated by OHA."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Housing and Urban Development , Federal

City of Omaha (Omaha, Douglas), City

Omaha Housing Authority (Omaha, Douglas), City

Defendant Type(s):

Housing Authority

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2005

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Buildings

Disparate Impact

Housing

Housing assistance

Public assistance grants

Racial segregation

Sanitation / living conditions

Discrimination-basis:

Race discrimination

Race:

Black