Case: Sierra v. City of New York

1:07-cv-06769 | U.S. District Court for the Southern District of New York

Filed Date: July 26, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 26, 2007, a woman residing in a rooming unit with her children, both under the age of 16, filed a lawsuit under Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, and New York state law against the City of New York in the United States District Court, Southern District of New York. The plaintiff, represented by public interest attorneys, asked the court for injunctive, declaratory, and monetary relief, claiming that a provision of the New York City Housing Maintenance Cod…

On July 26, 2007, a woman residing in a rooming unit with her children, both under the age of 16, filed a lawsuit under Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, and New York state law against the City of New York in the United States District Court, Southern District of New York. The plaintiff, represented by public interest attorneys, asked the court for injunctive, declaratory, and monetary relief, claiming that a provision of the New York City Housing Maintenance Code (HMC section 27-2076) which prohibited children between the ages of one and sixteen from residing in single residence occupancy units discriminated on the basis of familial status.

On October 1, 2008, the court (Jed S. Rakoff) held that the City had carried its burden of demonstrating that HMC section 27-2076 furthered legitimate government interests in the health, safety, and welfare of children that could not be achieved through other alternatives and that it did not violate the Fair Housing Act. The plaintiff's requests for injunctive, declaratory, and monetary relief were denied. This case is closed.

Summary Authors

Gregory Pitt (8/1/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4334225/parties/sierra-v-city-of-new-york/


Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

Annexstein, Leslie T. (New York)

Doherty, Molly (New York)

Sanghvi, Ami T. (New York)

Weithman, Martha (New York)

Attorneys(s) for Defendant

Denenberg, Seth Evan (New York)

Horowitz, Jerald (New York)

Hui, Jacqueline (New York)

Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

Annexstein, Leslie T. (New York)

Doherty, Molly (New York)

Sanghvi, Ami T. (New York)

Weithman, Martha (New York)

Attorneys(s) for Defendant

Denenberg, Seth Evan (New York)

Horowitz, Jerald (New York)

Hui, Jacqueline (New York)

Documents in the Clearinghouse

Document

1:07-cv-06769

Docket [PACER]

Oct. 6, 2008

Oct. 6, 2008

Docket
1

1:07-cv-06769

Complaint for Preliminary and Permanent Injunction

July 26, 2007

July 26, 2007

Complaint
31

1:07-cv-06769

Memorandum

Jan. 2, 2008

Jan. 2, 2008

Order/Opinion
42

1:07-cv-06769

Memorandum Order

March 3, 2008

March 3, 2008

Order/Opinion
55

1:07-cv-06769

Memorandum Order

May 13, 2008

May 13, 2008

Order/Opinion
70

1:07-cv-06769

Opinion and Order

U.S. District Court for the Northern District of New York

Oct. 1, 2008

Oct. 1, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4334225/sierra-v-city-of-new-york/

Last updated Aug. 25, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Shaun Donovan, Emad Ibrahem, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Filing Fee $ 350.00, Receipt Number 622321)Document filed by Juana Sierra.(tro) Additional attachment(s) added on 8/1/2007 (Becerra, Maribel).

July 27, 2007

July 27, 2007

RECAP
2

NOTICE OF APPEARANCE by Jerald Horowitz on behalf of Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development (Horowitz, Jerald)

Aug. 2, 2007

Aug. 2, 2007

RECAP
3

AFFIDAVIT OF SERVICE of Complaint, Summons, Order to Show Cause for TRO and PI, and supporting documents served on Emad Ibrahem on 8/1/07. Service was made by MAIL. Document filed by Juana Sierra. (Sanghvi, Ami)

Aug. 9, 2007

Aug. 9, 2007

RECAP
4

CERTIFICATE OF SERVICE of Complaint, Summons, Order to Show Cause for TRO and PI, and supporting documents served on NYC Department of Buildings on 7/27/07. Service was accepted by person authorized to accept service. Document filed by Juana Sierra. (Sanghvi, Ami)

Aug. 9, 2007

Aug. 9, 2007

RECAP
5

CERTIFICATE OF SERVICE of Complaint, Summons, Order to Show Cause for TRO and PI, and supporting documents served on New York City and NYC Department of Housing Preservation and Development on 7/27/07. Service was accepted by persons authorized to accept service. Document filed by Juana Sierra. (Sanghvi, Ami)

Aug. 9, 2007

Aug. 9, 2007

RECAP
6

AFFIRMATION of Frank Angilletta in Opposition. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Horowitz, Jerald)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Aug. 20, 2007

Aug. 20, 2007

RECAP
7

AFFIDAVIT of Mario Ferrigno in Opposition. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C - Part 1# (4) Exhibit C -- Part 2# (5) Exhibit D)(Horowitz, Jerald)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C - Part 1

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4 Exhibit C -- Part 2

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5 Exhibit D

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Aug. 20, 2007

Aug. 20, 2007

RECAP
8

MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for a Preliminary Injunction. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Aug. 20, 2007

Aug. 20, 2007

RECAP
9

DECLARATION of Jerald Horowitz of Service of Papers in Opposition to Plaintiff's Motion for a Preliminary Injunction. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Aug. 20, 2007

Aug. 20, 2007

RECAP
10

NOTICE OF APPEARANCE by Seth Evan Denenberg on behalf of Emad Ibrahem (Denenberg, Seth)

Sept. 5, 2007

Sept. 5, 2007

RECAP
11

DECLARATION of Seth Denenberg in Opposition. Document filed by Emad Ibrahem. (Denenberg, Seth)

Sept. 5, 2007

Sept. 5, 2007

RECAP
12

DECLARATION of Seth Denenberg in Opposition. Document filed by Emad Ibrahem. (Denenberg, Seth)

Sept. 5, 2007

Sept. 5, 2007

RECAP
13

DECLARATION of Seth Denenberg in Opposition. Document filed by Emad Ibrahem. (Denenberg, Seth)

Sept. 5, 2007

Sept. 5, 2007

RECAP
14

AFFIDAVIT of Emad Ibrahem in Opposition. Document filed by Emad Ibrahem. (Denenberg, Seth)

Sept. 5, 2007

Sept. 5, 2007

RECAP
15

REPLY MEMORANDUM OF LAW in Support of Plaintiff's Order to Show Cause for a Preliminary Injunction. Document filed by Juana Sierra. (Sanghvi, Ami)

Sept. 12, 2007

Sept. 12, 2007

RECAP
16

SUPPLEMENTAL MEMORANDUM OF LAW Municipal Defendants' Letter Brief in Further Opposition to Plaintiff's Motion for a Preliminary Injunction, dated September 25, 2007. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Sept. 25, 2007

Sept. 25, 2007

RECAP
17

FIRST OPPOSITION BRIEF to injunction. Document filed by Emad Ibrahem.(Denenberg, Seth)

Sept. 26, 2007

Sept. 26, 2007

RECAP
18

MEMORANDUM OF LAW in Support re: [15] Reply Memorandum of Law in Support Plaintiff's Memorandum of Law Regarding the Anti-Injunction Act. Document filed by Juana Sierra. (Annexstein, Leslie)

Sept. 26, 2007

Sept. 26, 2007

RECAP
19

TRANSCRIPT of proceedings held on 9/17/07 before Judge Jed S. Rakoff. (tro)

Nov. 6, 2007

Nov. 6, 2007

PACER
20

NOTICE OF APPEARANCE by Martha Ann Weithman on behalf of Juana Sierra (Weithman, Martha)

Nov. 9, 2007

Nov. 9, 2007

RECAP
21

ORDER the Court therefore will shortly turn to the merits of the plaintiff's request for preliminary injunctive relief against the City defendants, which was previously briefed and argued. However, in light of a putative settlement between plaintiff and Ibraham, the City defendants have indicated that they may move this Court to stay the proceedings and/or to dismiss the remaining claims for lack of standing. All of this will be further discussed at the in-court conference already scheduled for 5:00pm today. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/6/2007) (jmi)

Dec. 6, 2007

Dec. 6, 2007

RECAP
22

MOTION to Dismiss for Lack of Jurisdiction. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. Responses due by 12/21/2007 Return Date set for 1/14/2008 at 02:00 PM.(Horowitz, Jerald)

Dec. 7, 2007

Dec. 7, 2007

RECAP
23

DECLARATION of Jerald Horowitz in Support re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Horowitz, Jerald)

1 Exhibit A

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2 Exhibit B

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Dec. 7, 2007

Dec. 7, 2007

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24

MEMORANDUM OF LAW in Support re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Dec. 7, 2007

Dec. 7, 2007

RECAP
25

WITHDRAWAL OF CLAIM. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Dec. 10, 2007

Dec. 10, 2007

RECAP
26

STIPULATION FOR DISMISSAL OF DEFENDANT EMAD IBRAHEM, without costs and with prejudice. With the concurrence of the other defendants (see attached letter), the stipulation is approved. (Signed by Judge Jed S. Rakoff on 12/10/07) (cd)

Dec. 11, 2007

Dec. 11, 2007

RECAP
27

ORDER that the City's application to depose the plaintiff is hereby denied. (Signed by Judge Jed S. Rakoff on 12/12/07) (cd)

Dec. 13, 2007

Dec. 13, 2007

RECAP
28

TRANSCRIPT of proceedings held on 12/6/07 @ 5:13pm before Judge Judge Jed S. Rakoff. (pr)

Dec. 14, 2007

Dec. 14, 2007

PACER
29

DECLARATION of Juana Sierra in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Attachments: # (1) Affidavit)(Sanghvi, Ami)

1 Affidavit

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Dec. 21, 2007

Dec. 21, 2007

RECAP
30

FIRST MEMORANDUM OF LAW in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Sanghvi, Ami)

Dec. 21, 2007

Dec. 21, 2007

RECAP
31

MEMORANDUM: For reasons further set forth in said Order, the City defendants have now moved to dismiss all remaining claims (on the grounds that plaintiff has vacated the SRO unit where her presence with her child gave rise to the violation of HMC ss 27-2076 that underlay this entire lawsuit), and that motion is presently being briefed, but is not yet presented for adjudication. (Signed by Judge Jed S. Rakoff on 1/2/08) (db)

Jan. 3, 2008

Jan. 3, 2008

RECAP
32

REPLY AFFIDAVIT of Moon Wha Lee in Support re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Jan. 3, 2008

Jan. 3, 2008

RECAP
33

REPLY MEMORANDUM OF LAW in Support re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Jan. 3, 2008

Jan. 3, 2008

RECAP
34

CERTIFICATE OF SERVICE of Reply Papers served on plaintiff on January 3, 2008. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Horowitz, Jerald)

Jan. 3, 2008

Jan. 3, 2008

RECAP
35

REPLY AFFIDAVIT of Rebecca Widom in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Attachments: # (1) Exhibit, # (2) Exhibit)(Sanghvi, Ami)

1 Exhibit

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2 Exhibit

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Jan. 28, 2008

Jan. 28, 2008

RECAP
36

REPLY AFFIDAVIT of Krista Hanson in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Attachments: # (1) Exhibit)(Sanghvi, Ami)

1 Exhibit

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Jan. 28, 2008

Jan. 28, 2008

RECAP
37

REPLY AFFIDAVIT of Stephan Russo in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Sanghvi, Ami)

Jan. 28, 2008

Jan. 28, 2008

RECAP
38

REPLY AFFIRMATION of Jim Provost in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Sanghvi, Ami)

Jan. 28, 2008

Jan. 28, 2008

RECAP
39

REPLY AFFIRMATION of Christopher Schwartz in Opposition re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Juana Sierra. (Sanghvi, Ami)

Jan. 28, 2008

Jan. 28, 2008

RECAP
40

REPLY AFFIDAVIT of Moon Wha Lee in Support re: [22] MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Horowitz, Jerald)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Feb. 11, 2008

Feb. 11, 2008

RECAP
41

TRANSCRIPT of proceedings held on 1/14/08 before Judge Jed S. Rakoff. (jbe)

Feb. 14, 2008

Feb. 14, 2008

PACER
42

MEMORANDUM AND ORDER: For the foregoing reasons, the City Defendants' motion to dismiss for lack of standing is denied. Counsel are directed to convene a conference call with the Court by no later than 5 p.m. on March 4, 2008. (Signed by Judge Jed S. Rakoff on 3/3/2008) (jpo)

March 3, 2008

March 3, 2008

RECAP
43

ORDER: The Court hereby sets the following schedule for remaining proceedings in this case: The parties shall file notices of their respective motions for summary judgment by Friday, March 7, 2008, and shall file responses to those motions by Friday, March 14, 2008. These notices and responses may adopt any and all of the papers previously filed in this case and need not include statements under Local Civil Rule 56.1. The Court will hold oral argument on the previously-briefed preliminary injunction motion, as well as the aforementioned motions for summary judgment, on Wednesday, March 26, at 2:00 p.m. The Court will hold a final pretrial conference on June 9, 2008 at 3:00 p.m., and, at that time, set a date to commence trial. So Ordered (Signed by Judge Jed S. Rakoff on 3/5/08) (js)

March 6, 2008

March 6, 2008

RECAP
46

MEMORANDUM OF LAW in Support re: [44] Memo Endorsement. Document filed by Juana Sierra. (rw)

March 6, 2008

March 6, 2008

PACER
44

MEMO ENDORSEMENT ON ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING AND PRELIMINARY INJUNCTION. ENDORSEMENT: Postponed in July 2007 because of intervening developments. (Signed by Judge Jed S. Rakoff on 3/6/08) (rw) Modified on 3/7/2008 (rw).

March 6, 2008

March 6, 2008

RECAP
47

DECLARATION of Martha Weithman in Support re: [44] Memo Endorsement. Document filed by Juana Sierra. (rw)

March 6, 2008

March 6, 2008

PACER
48

DECLARATION of Ami T. Sanghvi in Support re: [44] Memo Endorsement. Document filed by Juana Sierra. (rw)

March 6, 2008

March 6, 2008

PACER
45

CROSS MOTION for Summary Judgment in further response to Order to Show Cause for Temporary Restraining Order and a Preliminary Injunction. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development. Responses due by 3/14/2008 Return Date set for 3/26/2008 at 02:00 PM.(Horowitz, Jerald)

March 7, 2008

March 7, 2008

RECAP
49

MOTION for Summary Judgment by adoption of Plaintiff's Order to Show Cause and supporting documents for Preliminary Injunction. Document filed by Juana Sierra. Responses due by 3/14/2008 Return Date set for 3/26/2008 at 02:00 PM.(Sanghvi, Ami)

March 7, 2008

March 7, 2008

RECAP
50

RESPONSE in Support re: [49] MOTION for Summary Judgment by adoption of Plaintiff's Order to Show Cause and supporting documents for Preliminary Injunction. Response in Opposition re: [45] Cross Motion for Summary Judgment by Defendants. Document filed by Juana Sierra. (Sanghvi, Ami)

March 14, 2008

March 14, 2008

RECAP
51

SECOND MEMORANDUM OF LAW in Support re: [49] MOTION for Summary Judgment by adoption of Plaintiff's Order to Show Cause and supporting documents for Preliminary Injunction. Letter Brief regarding FHA Legislative History and HUD Guidelines. Document filed by Juana Sierra. (Sanghvi, Ami)

April 7, 2008

April 7, 2008

RECAP
52

TRANSCRIPT of proceedings held on 3/26/08 before Judge Jed S. Rakoff. (ama)

April 15, 2008

April 15, 2008

PACER
53

BRIEF re: [8] Memorandum of Law in Opposition, [51] Memorandum of Law in Support of Motion, [45] CROSS MOTION for Summary Judgment in further response to Order to Show Cause for Temporary Restraining Order and a Preliminary Injunction. Letter Brief to Hon. Jed. S. Rakoff, dated April 18, 2008, in further support of Defendants' Motion for Summary Judgment. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development.(Horowitz, Jerald)

April 18, 2008

April 18, 2008

RECAP
54

REPLY MEMORANDUM OF LAW in Support re: [49] MOTION for Summary Judgment by adoption of Plaintiff's Order to Show Cause and supporting documents for Preliminary Injunction. Letter Brief in response to Defendants' Brief. Document filed by Juana Sierra. (Sanghvi, Ami)

April 25, 2008

April 25, 2008

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55

MEMORANDUM AND ORDER; To resolve the disputed issues of fact, the Court will permit each party to conduct limited discovery, following which the Court will hold an evidentiary hearing on plaintiffs request for apartment injunction (obviating, as no longer necessary, any hearing on a preliminary injunction). At this hearing, the Court will find it helpful to have the parties present evidence pertaining to, among matters; all violations of HMC section 27-2076(b) issued over the past ten years; who reported those violations to the city, if known; whether those violations were preceded or followed by eviction proceedings; the living conditions of families evicted from or precluded from living in SROs; and the enforcement of other housing occupancy and safety standards. To set a schedule for discovery and a date for the hearing, counsel are directed to jointly call the court by no later then May 16, 2008, at 12 noon. Finally, the court is aware that plaintiff's complaint also requested "damages and would fully compensate plaintiff Sierra for damages caused by the defendants' unlawful discriminatory practices." Complaint for preliminary and permanent injunction; Declaratory Judgment; and damages for violation of the fair housing act and the New York State Human Rights Law at 11. Should plaintiff prevail on her request for a permanent injunction, the court will at that time take up the issue of whether a jury trial is necessary to determine what damages, if any, are owed to Sierra. (Signed by Judge Jed S. Rakoff on 5/13/08) (mme)

May 13, 2008

May 13, 2008

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56

ANSWER to Complaint. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development.(Horowitz, Jerald)

May 23, 2008

May 23, 2008

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57

NOTICE of Substitution of Attorney. Old Attorney: Ami T. Sanghvi, New Attorney: Tara S. Crean, Address: Urban Justice Center, 123 William Street, 16th Floor, New York, NY, USA 10038, 6466025649. Document filed by Juana Sierra. (Annexstein, Leslie)

May 23, 2008

May 23, 2008

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58

ORDER; That in anticipation of the injunction hearing scheduled to begin 9/3/08, plaintiff has propounded numerous discovery requests, to many of which defendants have objected. To restore some balance, it seems best to start afresh. Accordingly, the Court hereby quashes all of plaintiffs outstanding discovery requests to which defendants have objected and directs plaintiff to serve on defendants counsel, by no later than noon on Thursday, 7/24, a new, far more tailored set of discovery requests. Defendants, in turn, must serve on plaintiffs counsel, by no later than 5pm on Monday, 7/28, move nuanced responses to the plaintiffs new discovery requests carefully stating any grounds for objections and, where no objections have been interposed, indicating a prompt date by which responses will be provided. Copies of the plaintiffs new requests and the defendants new responses should also be faxed to the Court. The Court will then hold an in-court conference on Tuesday, July 29, at 5 p.m., to address any remaining disputes.( Status Conference set for 7/29/2008 at 05:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 7/22/08) (pl)

July 22, 2008

July 22, 2008

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59

TRANSCRIPT of proceedings held on 7/29/08 before Judge Jed S. Rakoff. (ama)

Aug. 5, 2008

Aug. 5, 2008

PACER
60

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Jacqueline Hui on behalf of City of New York (Hui, Jacqueline) Modified on 8/28/2008 (db).

Aug. 27, 2008

Aug. 27, 2008

RECAP
61

NOTICE OF APPEARANCE by Jacqueline Hui on behalf of City of New York (Hui, Jacqueline)

Sept. 2, 2008

Sept. 2, 2008

RECAP
62

BRIEF City Defendants' Post-Trial Memorandum of Law. Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development.(Horowitz, Jerald)

Sept. 12, 2008

Sept. 12, 2008

RECAP
63

POST TRIAL MEMORANDUM. Document filed by Juana Sierra.(Annexstein, Leslie)

Sept. 12, 2008

Sept. 12, 2008

RECAP
64

BRIEF City Defendants' Reply Post−Trial Memorandum of Law, dated September 17, 2008 . Document filed by Shaun Donovan, City of New York, New York City Department of Buildings, Patricia J. Lancaster, New York City Department of Housing Preservation and Development.(Horowitz, Jerald) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

65

POST TRIAL MEMORANDUM. Document filed by Juana Sierra.(Annexstein, Leslie) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

66

TRANSCRIPT of proceedings held on September 3, 2008 2:15 p.m. before Judge Jed S. Rakoff. (mro) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

67

TRANSCRIPT of proceedings held on September 4, 2008 11:30 a.m. before Judge Jed S. Rakoff. (mro) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

68

TRANSCRIPT of proceedings held on 9/3/2008 before Judge Jed S. Rakoff. (jn) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

69

TRANSCRIPT of proceedings held on 9/05/08 before Judge Jed S. Rakoff. (ama) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

71

CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated October 1, 2008, the complaint is dismissed with prejudice. (Signed by J. Michael McMahon, clerk on 10/6/08) (Attachments: # 1 notice of right to

Oct. 6, 2008

Oct. 6, 2008

70

OPINION AND ORDER #96606: The Court concludes that the City has carried its burden of demonstrating that HMC section 27-7076(b) furthers, in theory and in practice, legitimate government interests in the health, safety and welfare of children that ca nnot be achieved through other alternatives, and that HMC section 27-2076(b) does not violate the Fair Housing Act. The Court therefore denies Sierra's requests for injunctive and declaratory relief. Moreover, the above conclusion also moots, as a matter of law, Sierra's claim for damages against the City defendants, which presupposed their enforcement of an invalid regulation. Accordingly, the Clerk of the Court is directed to enter judgment dismissing the Complaint with prejudice. (Signed by Judge Jed S. Rakoff on 10/1/08) (tro) Modified on 10/3/2008 (rw).

Oct. 2, 2008

Oct. 2, 2008

RECAP

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 26, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman living in rooming unit with two children

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York City), City

Defendant Type(s):

Multi-family housing provider

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Family discrimination