Case: U.S. ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester Co.

1:06-cv-02860 | U.S. District Court for the Southern District of New York

Filed Date: April 12, 2006

Closed Date: July 17, 2017

Clearinghouse coding complete

Case Summary

On April 12, 2006, the Anti-Discrimination Center of Metro New York ("ADC") filed this lawsuit under the False Claims Act against Westchester County in the United States District Court, Southern District of New York. In False Claims Act cases, sometimes called "qui tam" actions, the private instigator of the case is called the "relator"; the plaintiff is the United States, and the relator seeks damages because of harm caused to the United States; by statute, those damages go mostly the federal …

On April 12, 2006, the Anti-Discrimination Center of Metro New York ("ADC") filed this lawsuit under the False Claims Act against Westchester County in the United States District Court, Southern District of New York. In False Claims Act cases, sometimes called "qui tam" actions, the private instigator of the case is called the "relator"; the plaintiff is the United States, and the relator seeks damages because of harm caused to the United States; by statute, those damages go mostly the federal government with the relator keeping a share. Represented by the law firm Relman & Dane, ADC asked the Court for monetary and injunctive relief, claiming that Westchester County, in violation of the False Claims Act, falsely certified that it was in compliance with certain provisions of the Fair Housing and Community Development Acts, resulting in over $45 million in damages to the United States. As normally occurs in False Claims Act cases, the complaint was filed under seal, to give the U.S. time to review it and decide whether to join in the litigation. This was the first case ever in which fair housing litigation was conducted via a False Claims Act case. The U.S. initially declined to intervene, and the complaint was unsealed and served on Westchester in January 2007.

ADC claimed that between 2000 and 2006, the County falsely certified that the County had affirmatively furthered fair housing. The suit alleged that the County failed to analyze impediments to fair housing choice based on race or municipal resistance, and chose not to take appropriate steps to overcome such impediments.

The County moved to dismiss, but the Court (Judge Denise L. Cote) rejected that motion in July 2007. 495 F.Supp.2d 375 (S.D.N.Y. 2007). After discovery, in February 2009, Judge Cote granted partial summary judgment for ADC, 668 F.Supp.2d 548 (S.D.N.Y. 2009). The Court found that the County had not analyzed the racial impact of various practices as it claimed it had, and had thereby submitted false certifications to the Department of Housing and Urban Development ("HUD"). Since the County had submitted false certifications to receive approximately $52 million from HUD, it was liable for over $150 million in damages pursuant to the treble damages provision of the FCA. A trial was scheduled to determine whether the violation had been willful.

In April 2009 (under the new Obama administration) the U.S reconsidered its decision not to intervene and elected to proceed with this action, filing its own complaint on August 10, 2009. The Government's complaint alleged violations of the FCA and of the Housing and Community Development Act. Simultaneously, the Government submitted an executed settlement of the litigation, agreeable to all parties. Under the settlement, the County agreed to spend $52 million to develop new affordable housing in white municipalities of the County, and also to pay $7.5 million as a relator's share to the ADC, and $2.5 million in attorney's fees.

In addition, the settlement required Westchester to: 1) adopt as its policy the elimination of residential segregation, and to implement the settlement in a way that develops housing on those Census blocks that currently have the lowest concentrations of African‐Americans and Latinos, 2) take legal action against resistant municipalities where needed to fulfill the affirmatively furthering fair housing purposes of the settlement, and 3) conduct a new analysis of impediments to fair housing choice that examines barriers based on race or on municipal resistance. The agreement included penalty provisions for non‐compliance. In addition, performance of the obligations was to be done by an independent monitor, and the parties agreed that the Court would retain jurisdiction over the case. Specific remedial plans were to be implemented through 2016.

On July 13, 2011, HUD notified the County that it had failed to meet a consent decree requirement when the County Executive vetoed legislation to incorporate corrective actions to promote source-of-income legislation and plans to overcome exclusionary zoning practices. On November 17, 2011, the Monitor submitted a report stating that the County breached its obligation in the consent decree. The County formally objected to this determination on December 7, 2011. Magistrate Judge Gabriel W. Gorenstein sustained the County's objection, concluding that it did not violate its duty to promote source-of-income legislation. The U.S. then filed an objection with the district court, seeking review of the Magistrate Judge's decision.

On May 3, 2012, Judge Cote overruled the Magistrate Judge's opinion, and adopted all sections of the Monitor's original report. 2012 WL 1574819 (S.D.N.Y. 2012). On May 15, 2012, the County filed a Notice of Appeal with the United States Court of Appeals. Defendant moved for a stay during appeal, but Judge Cote denied that motion on May 17, 2012. On May 29, 2013, the Court of Appeals (Judge Rosemary S. Pooler) affirmed the District Court decision, agreeing that the County violated the terms of the consent decree, and allowing the full adoption of the Monitor's Report. 712 F.3d 761 (2nd Cir. 2013).

Over the next several years, the monitor found instances of noncompliance, which were addressed in court. In particular, the monitor found that the county breached § 33(c) by not timely creating, funding, and implementing sufficient public information campaigns to "broaden support for fair housing and to promote the fair and equitable distribution of affordable housing in all communities, including public outreach specifically addressing the benefits of mixed-income housing and racially and ethnically integrated communities." The monitor found these breaches to be in bad faith. The court contended that as a result of this breach, the county hindered itself from meeting one of its chief settlement obligations - ensuring the development of at least 750 new affordable housing units. On June 27, 2016, the court ordered the release of videotapes of depositions taken from County officials in 2015 in response to this noncompliance, and that the tapes be made available to the public. The County appealed the order, but the Second Circuit affirmed the order on March 10, 2017.

The monitor also found the County to be in noncompliance with § 32 of the Settlement, which required it to complete "an analysis of impediments to fair housing choice within its jurisdiction (AI)." Accordingly, on July 18, 2016, the court ordered the County to "retain a consultant to prepare an AI that is acceptable to HUD." The County appealed this order as well, but the Second Circuit again affirmed the district court's decision on June 21, 2017. 689 F. App'x 71 (2d Cir. 2017).

However, according to a news article on July 14, 2017 the Trump Administration HUD accepted a version of the county's AI that the county legislature's majority leader described as "essentially the same" as the previous version which had been rejected by HUD the year prior. Since the settlement required the County to take actions only through 2016, after HUD's position changed, there were no more issues remaining in the case.

On November 20, 2017, the defendants submitted their final monthly status report and there has been no substantive docket activity since November 2017. The case is now closed.

Summary Authors

Dan Osher (6/28/2013)

Asma Husain (2/14/2016)

Virginia Weeks (2/22/2018)

Hope Brinn (5/3/2020)

Jonah Hudson-Erdman (10/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4329194/parties/united-states-of-america-ex-rel-v-westchester-county-new-york/


Judge(s)

Cote, Denise (New York)

Gorenstein, Gabriel W. (New York)

Pooler, Rosemary S. (New York)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Cenawood, Sean Chance (New York)

Cott, James (New York)

Dane, Stephen M. (District of Columbia)

Eshkenazi, Lara K. (New York)

Gurian, Craig (New York)

Johnson, James E. (New York)

Judge(s)

Cote, Denise (New York)

Gorenstein, Gabriel W. (New York)

Pooler, Rosemary S. (New York)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Cenawood, Sean Chance (New York)

Cott, James (New York)

Dane, Stephen M. (District of Columbia)

Eshkenazi, Lara K. (New York)

Gurian, Craig (New York)

Johnson, James E. (New York)

Kennedy, David J. (New York)

Relman, John Peter (District of Columbia)

Stroup, Robert H (New York)

Torrance, Benjamin H. (New York)

Yankwitt, Russel Marc (New York)

Attorneys(s) for Defendant

Adin, Justin Richard (New York)

Alesio, Lori Ann (New York)

Arcuri, Carol F. (New York)

Brady, Shannon Sarles (New York)

Cardoso, Denise Marieiro (California)

Castro-Blanco, James Francis (New York)

Corcoran, Carrie (New York)

Gerson, Stuart M. (District of Columbia)

Kalish, Michael A. (New York)

Meehan, Robert F (New York)

Miklave, Matthew Thaddeus (New York)

Rodriguez, Adam (New York)

Rotini, Melissa-Jean (New York)

Sokoloff, Brian S. (New York)

Other Attorney(s)

Flannery, John Martin (Connecticut)

Levy, Jerrold M. (New York)

Rosman, Michael E. (District of Columbia)

Wang, Mariann Meier (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

United States of America (ex rel) v. Westchester County, New York

Jan. 22, 2018 Docket

False Claims Act Complaint and Demand for Jury Trial

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

April 12, 2006 Complaint
48

Opinion and Order

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

495 F.Supp.2d 375

July 13, 2007 Order/Opinion
86

Defendant's Memorandum in Support of Motion of Summary Judgment

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

Sept. 30, 2008 Pleading / Motion / Brief
90

Plaintiff's Memorandum in Support of Motion For Partial Summary Judgment

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

Oct. 17, 2008 Pleading / Motion / Brief
118

Opinion & Order

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

668 F.Supp.2d 548, 2009 U.S.Dist.LEXIS 14399

Feb. 24, 2009 Order/Opinion
137

Memorandum Opinion and Order

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

2009 WL 970866

April 9, 2009 Order/Opinion
299

Opinion and Order

United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. vs. Westchester Co., New York

2009 WL 1108517

April 24, 2009 Order/Opinion
320

Stipulation and Order of Settlement and Dismissal

United States of America (ex rel.) v. Westchester County, New York

Aug. 10, 2009 Settlement Agreement
396

Opinion and Order

United State of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester Co.

2012 WL 917367, 2012 U.S.Dist.LEXIS 36017

March 16, 2012 Order/Opinion

Resources

Title Description External URL

Housing Settlement

Westchester County

In 2009, Westchester County entered into a stipulation and order with the U.S. Department of Housing and Urban Development, to increase its efforts to affirmatively further fair and affordable housin… Aug. 9, 2010 https://homes.westchestergov.com/...

Overcoming Structural Barriers to Integrated Housing: A Back-to-the-Future Reflection on the Fair Housing Act's "Affirmatively Further" Mandate

Robert G. Schwemm

A key goal of the 1968 Fair Housing Act, which was passed as an immediate response to Dr. King's assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It ha… Jan. 1, 2011 None

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4329194/united-states-of-america-ex-rel-v-westchester-county-new-york/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

ORDER, Case sealed. (Signed by Judge Richard M. Berman on 4/12/2006) (sov, ) (Entered: 04/13/2006)

April 12, 2006 PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. (sov, )

April 12, 2006 PACER
7

ORDER, that, the Complaint shall be unsealed and service upon defendant by the relator is authorized. The Government's Notice of Election to Decline Intervention shall be served by the plaintiff-relator upon service of the defendant only after service of the complaint. The seal shall be lifted as to all other matters occurring in this action after the date of this Order.The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C.$ 3730(c)(3). The U.S. may order any deposition transcripts and is entitled to seek to intervene in this action, for good cause, at any time. All orders of this Court shall be sent to the U.S. by the plaintiff-relator; and that, should the plaintiff-relator or the defendant propose that this action be dismissed, settled, or otherwise discontinued, the parties must solicit the written consent of the U.S. before applying for Court approval. (Signed by Judge Denise L. Cote on 12/14/2006) (kj, ) (Entered: 12/19/2006)

Dec. 18, 2006 PACER
8

MOTION to File Under Seal - Do Not Place on Pacer - Do Not Place in Press Box. Document filed by Anti-Discrimination Center of Metro New York, Inc., United States of America. Original filed under Seal, document # 2. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
9

ORDER granting 8 Motion to Seal Case. Original filed under Seal, document #2. (Signed by Judge Richard M. Berman, Part I on 4/12/06) (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
10

LETTER addressed to Clerk of the Court from Craig Gurian dated 4/12/06 re: request to file action under seal. Document filed by Anti-Discrimination Center of Metro New York, Inc., United States of America. Original filed under Seal, document # 2.(db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
11

COMPLAINT against Westchester County, New York. (Filing Fee $ 350.00, Receipt Number 575909) Document filed by Anti-Discrimination Center of Metro New York, Inc., United States of America. Diskette Enclosed in Attached Seal Envelope. Original filed under Seal, document # 2.(db, ) (ama). (Entered: 12/20/2006)

Dec. 18, 2006 RECAP
12

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anti-Discrimination Center of Metro New York, Inc. Original filed under Seal, document # 2.(db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
13

MOTION to Withhold Issuance of Summons and 11 Complaint. Document filed by Anti-Discrimination Center of Metro New York, Inc., United States of America. Original filed under Seal, document # 2. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
14

LETTER addressed to Judge Denise L. Cote from Craig Gurian dated 6/8/06 re: request that if Court entertains Government's (intervention) application, that only a three (3) month extension be granted. Document filed by Anti-Discrimination Center of Metro New York, Inc., United States of America. Diskette enclosed in attached seal envelope. Original filed under Seal, document # 3.(db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
15

MOTION for Ex Parte Status Report and Statement in Support of Entry of Stipulation and Proposed Order (Keeping File Under Seal Until 12/16/06).Document filed by United States of America. Original filed under Seal, document # 4. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
16

ORDER granting 15 MOTION for Ex Parte Status Report and Statement in Support of Entry of Stipulation and Proposed Order (Keeping File Under Seal Until 12/16/06). Original filed under seal, document # 4. (Signed by Judge Denise L. Cote on 6/19/06) (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
17

MOTION for John P. Relman to Appear Pro Hac Vice. Document filed by Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
18

NOTICE OF APPEARANCE by John P. Relman on behalf of Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
19

MOTION for Michael Allen to Appear Pro Hac Vice. Document filed by Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
20

NOTICE OF APPEARANCE by Michael Allen on behalf of Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
21

MOTION for Stephen M. Dane to Appear Pro Hac Vice. Document filed by Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
22

NOTICE OF APPEARANCE by Stephen M. Dane on behalf of Anti-Discrimination Center of Metro New York, Inc. Original filed under seal, document # 5. (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER

CASHIERS OFFICE REMARK on 21 Motion to Appear Pro Hac Vice, 19 Motion to Appear Pro Hac Vice, 17 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 10/27/06, RECEIPT NUMBER 595355. Original Receipt filed INSIDE SEALED ENVELOPE, document # 5. (db, )

Dec. 18, 2006 PACER
23

ORDER granting 17 Motion for John P. Relman to Appear Pro Hac Vice. Original filed under seal, document # 6. (Signed by Judge Denise L. Cote on 10/27/06) (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
24

ORDER granting 19 Motion for Michael Allen to Appear Pro Hac Vice. Original filed under seal, document # 6. (Signed by Judge Denise L. Cote on 10/27/06) (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
25

ORDER granting 21 Motion for Stephen M. Dane to Appear Pro Hac Vice. Original filed under seal, document # 6. (Signed by Judge Denise L. Cote on 10/27/06) (db, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER

Case Designated ECF. (jar)

Dec. 18, 2006 PACER
26

NOTICE OF CHANGE OF ADDRESS by Craig Gurian on behalf of Anti-Discrimination Center of Metro New York, Inc.. New Address: Anti-Discrimination Center, 377 Broadway, Ninth Floor, New York, NY, US 10013, 212-655-5790. (Gurian, Craig) (Entered: 12/20/2006)

Dec. 20, 2006 PACER
27

ENDORSED LETTER addressed to Judge Denise Cote from Hillary J. Raimondi dated 1/26/07 re: Counsel writes to request that this Court grant it an extension until 3/31/07 to enter an appearance and to answer the complaint. Granted. The parties shall appear for a conference May 11 at 10:00 a.m. (Signed by Judge Denise L. Cote on 1/30/07) (jco) (Entered: 01/31/2007)

Jan. 30, 2007 PACER

Set Answer Due Date purs. to 27 Endorsed Letter, as to Westchester County, New York answer due on 3/31/2007. (jco)

Jan. 30, 2007 PACER
28

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/11/2007 10:00 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 1/31/07) (db) (Entered: 02/01/2007)

Jan. 31, 2007 PACER
29

SUMMONS RETURNED EXECUTED. Westchester County, New York served on 1/8/2007, answer due 3/31/2007. Service was accepted by Donna Dixon, Legal Clerk. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 02/27/2007)

Feb. 27, 2007 PACER
30

STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT; that dfts time to answer, move or otherwise respond to the complaint is hereby extended to and including 4/16/07. (Signed by Judge Denise L. Cote on 3/22/07) (pl) (Entered: 03/23/2007)

March 22, 2007 PACER

Set Answer Due Date purs. to 30 Stipulation and Order as to Westchester County, New York answer due on 3/22/2007. (pl)

March 22, 2007 PACER
31

NOTICE OF APPEARANCE by Michael A. Kalish on behalf of Westchester County, New York (Kalish, Michael) (Entered: 03/30/2007)

March 30, 2007 PACER
32

NOTICE OF APPEARANCE by Matthew Thaddeus Miklave on behalf of Westchester County, New York (Miklave, Matthew) (Entered: 03/30/2007)

March 30, 2007 PACER
33

NOTICE OF APPEARANCE by Carrie Corcoran on behalf of Westchester County, New York (Corcoran, Carrie) (Entered: 03/30/2007)

March 30, 2007 PACER
34

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss the Complaint (MEMORANDUM OF LAW IN SUPPORT OF MOTION). Document filed by Westchester County, New York.(Gerson, Stuart) Modified on 4/17/2007 (KA). (Entered: 04/16/2007)

April 16, 2007 PACER
35

AFFIDAVIT of Michael A. Kalish in Support re: 34 MOTION to Dismiss the Complaint.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit Ex. A (1 of 2)# 2 Exhibit Ex. A (pt. 2 of 2)# 3 Exhibit Ex. B# 4 Exhibit Ex. C# 5 Exhibit Ex. D (pt. 1 of 4)# 6 Exhibit Ex. D (pt. 2 of 4)# 7 Exhibit Ex. D (pt. 3 of 4)# 8 Exhibit Ex. D (pt. 4 of 4)# 9 Exhibit Ex. E# 10 Exhibit Ex. F (pt. 1 of 2)# 11 Exhibit Ex. F (pt. 2 of 2)# 12 Exhibit Ex. G# 13 Exhibit Ex. H# 14 Exhibit Ex. I# 15 Exhibit Ex. J# 16 Exhibit Ex. K# 17 Exhibit Ex. L# 18 Exhibit Ex. M# 19 Exhibit Ex. N# 20 Exhibit Ex. O# 21 Exhibit Ex. P)(Gerson, Stuart) (Entered: 04/17/2007)

2 Exhibit Ex. A (1 of 2)

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3 Exhibit Ex. A (pt. 2 of 2)

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4 Exhibit Ex. B

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5 Exhibit Ex. C

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6 Exhibit Ex. D (pt. 1 of 4)

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7 Exhibit Ex. D (pt. 2 of 4)

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8 Exhibit Ex. D (pt. 3 of 4)

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9 Exhibit Ex. D (pt. 4 of 4)

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10 Exhibit Ex. E

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11 Exhibit Ex. F (pt. 1 of 2)

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12 Exhibit Ex. F (pt. 2 of 2)

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13 Exhibit Ex. G

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15 Exhibit Ex. I

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17 Exhibit Ex. K

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19 Exhibit Ex. M

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20 Exhibit Ex. N

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21 Exhibit Ex. O

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22 Exhibit Ex. P

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April 16, 2007 PACER
36

MOTION to Dismiss the Complaint. Document filed by Westchester County, New York.(Gerson, Stuart) (Entered: 04/17/2007)

April 17, 2007 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stuart Michael Gerson to RE-FILE Document 34 MOTION to Dismiss the Complaint. Use the document type Memorandum of Law in Support of Moton found under the document list Replies, Opposition and Supporting Documents. (KA)

April 17, 2007 PACER
37

MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss the Complaint.. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 04/17/2007)

April 17, 2007 PACER
38

STIPULATION AND ORDER WITH RESPECT TO BRIEFING OF MOTION TO DISMISS AND PROPOSED REVISED SCHEDULING ORDER that defendant shall file ant reply brief on or before June 15, 2007. Replies due by 5/15/2007. (Signed by Judge Denise L. Cote on 5/2/2007) (jmi) (Entered: 05/03/2007)

May 2, 2007 PACER
39

ENDORSED LETTER addressed to Judge Denise Cote from Michael Allen dated 5/4/07 re: plaintiff request an continuance of the initial conference currently scheduled for 10:00 a.m. on Friday, 5/11/07. So Ordered. The conference is adjourned to 6/15/07 @11:30 a.m.. (Signed by Judge Denise L. Cote on 5/7/07) (pl) (Entered: 05/08/2007)

May 7, 2007 PACER
40

AFFIDAVIT of Michael A. Kalish in Support re: 36 MOTION to Dismiss the Complaint.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit Exhibit F (pt. 1 of 2)# 2 Exhibit Exhibit N)(Kalish, Michael) (Entered: 05/10/2007)

2 Exhibit Exhibit F (pt. 1 of 2)

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May 10, 2007 PACER
41

RESPONSE in Opposition re: 36 MOTION to Dismiss the Complaint.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Attachments: # 1 Exhibit 1)(Allen, Michael) (Entered: 05/25/2007)

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May 25, 2007 PACER
42

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Allen dated 5/25/07 re: Application GRANTED. This letter is construed as a request to file an opposition to the defendants Motion to Dismiss that exceeds the page limit. (Signed by Judge Denise L. Cote on 5/25/07) (db) (Entered: 05/29/2007)

May 25, 2007 PACER
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REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss the Complaint.. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 06/15/2007)

June 15, 2007 PACER
44

REPLY AFFIRMATION of Michael A. Kalish in Support re: 36 MOTION to Dismiss the Complaint.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Gerson, Stuart) (Entered: 06/15/2007)

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June 15, 2007 PACER
45

CERTIFICATE OF SERVICE of Reply Brief and Reply Affirmation in Further Support of Defendant's Motion to Dismiss the Complaint served on Anti-Discrimination Law Center of Metro New York on June 15, 2007. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 06/15/2007)

June 15, 2007 PACER
46

RESPONSE in Opposition re: 36 MOTION to Dismiss the Complaint. Letter request for permission to respond to Defendant's reply. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 06/22/2007)

June 22, 2007 PACER
47

RESPONSE in Support re: 36 MOTION to Dismiss the Complaint. Letter request to strike Relator's unauthorized 6/22/07 filing. Document filed by Westchester County, New York. (Corcoran, Carrie) (Entered: 06/27/2007)

June 27, 2007 PACER
48

OPINION & ORDER # 94905 re: 36 MOTION to Dismiss the Complaint. filed by Westchester County, New York. The defendant's April 17, 2007 motion to dismiss is denied. So Ordered. (Signed by Judge Denise L. Cote on 7/13/07) (jco) Modified on 7/17/2007 (rw). (Entered: 07/16/2007)

July 13, 2007 RECAP
49

ORDER Initial Pretrial Conference set for 8/10/2007 at 02:00 PM before Judge Denise L. Cote, in courtroom 11B, 500 Pearl Street. So Ordered. (Signed by Judge Denise L. Cote on 7/13/07) (jco) (Entered: 07/16/2007)

July 13, 2007 PACER
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STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: the time for defendant Westchester County, New York to answer the complaint is extended to 8/13/07. Westchester County, New York answer due 8/13/2007. (Signed by Judge Denise L. Cote on 7/27/07) (db) Modified on 8/9/2007 (db). (Entered: 07/30/2007)

July 27, 2007 PACER
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MOTION for Leave to Appeal and to Stay Discovery Document filed by Westchester County, New York.(Gerson, Stuart) (Entered: 07/30/2007)

July 30, 2007 PACER
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MEMORANDUM OF LAW in Support re: 51 MOTION for Leave to Appeal and to Stay Discovery. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 07/30/2007)

July 30, 2007 PACER
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AFFIDAVIT of Michael A. Kalish in Support re: 51 MOTION for Leave to Appeal and to Stay Discovery. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Gerson, Stuart) (Entered: 07/30/2007)

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July 30, 2007 PACER
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RESPONSE in Opposition re: 51 MOTION for Leave to Appeal and to Stay Discovery. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 08/08/2007)

Aug. 8, 2007 PACER
55

ENDORSED LETTER addressed to Judge Cote from Carrie Corcoran dated August 6, 2007 re: Adjournment of the August 10, 2007 initial pretrial conference. ENDORSEMENT: Request denied. (Signed by Judge Denise L. Cote on August 8, 2007) (gr) (Entered: 08/09/2007)

Aug. 9, 2007 PACER
56

ANSWER to Complaint. Document filed by Westchester County, New York.(Gerson, Stuart) (Entered: 08/13/2007)

Aug. 13, 2007 PACER
57

SCHEDULING ORDER:Amended Pleadings due by 9/28/2007.,Joinder of Parties due by 9/28/2007.,Discovery due by 3/28/2008.,Pretrial Order due by 7/25/2008. (Signed by Judge Denise L. Cote on 8/10/2007) (jmi) (Entered: 08/14/2007)

Aug. 13, 2007 PACER
58

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Denise L. Cote on 8/10/2007) (jmi) (Entered: 08/14/2007)

Aug. 13, 2007 PACER
59

REPLY MEMORANDUM OF LAW in Support re: 51 MOTION for Leave to Appeal and to Stay Discovery. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 08/15/2007)

Aug. 15, 2007 PACER
60

ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 10/3/2007 at 2:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Gabriel W. Gorenstein on 8/15/07) (kco) (Entered: 08/16/2007)

Aug. 15, 2007 PACER
61

MEMORANDUM OPINION AND ORDER # 95092: The defendant's July 30 motion for certification of an immediate appeal pursuant to 28 U.S.C. 1992 (b) is denied. SO ORDERED. (Signed by Judge Denise L. Cote on 8/22/2007) (jmi) Modified on 8/24/2007 (rw). (Entered: 08/23/2007)

Aug. 22, 2007 RECAP

Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Telephone Conference held on 10/10/07. (kco)

Oct. 10, 2007 PACER
62

CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Denise L. Cote on 11/26/07) (cd) (Entered: 11/27/2007)

Nov. 27, 2007 PACER

Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/5/2008. (Court Reporter Paula Speer) (gr)

March 5, 2008 PACER
63

TRANSCRIPT of proceedings held on 1/24/2008 before Judge Denise L. Cote. (ama) (Entered: 03/12/2008)

March 12, 2008 PACER
64

TRANSCRIPT of proceedings held on 3/05/2008 before Judge Denise L. Cote. (ama) (Entered: 03/17/2008)

March 17, 2008 PACER
65

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Allen dated 3/18/08 re: Counsel requests an extension of certain deadlines set forth in the Court's Pretrial Scheduling Order of 8/10/07 to as follows: Fact Discovery due by 6/27/08. Plaintiff's identification of experts and disclosures of expert testimony conforming to the requirements of Rule 26(a(2)(B) must occur by 6/16/08. Defendant's identification of experts and disclosure of expert testimony must occur by 7/14/08. Plaintiff's disclosure of rebuttal expert testimony must occur by 7/28/08. Expert Discovery due by 8/18/08. Any motion for summary judgment must be filed by 9/19/08; Opposition must be served by 10/10/08; reply must be served by 10/24/08. In the event no motion is filed, the Joint Pretrial Order must be filed by 9/19/08. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/19/08) (tro) (Entered: 03/19/2008)

March 19, 2008 PACER
66

TRANSCRIPT of proceedings held on 5/13/2008 before Judge Denise L. Cote. (ama) (Entered: 05/16/2008)

May 16, 2008 PACER
67

TRANSCRIPT of proceedings held on 5/13/2008 before Judge Denise L. Cote. (ama) (Entered: 06/12/2008)

June 12, 2008 PACER
68

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael A. Kalish dated 6/27/08 re: Counsel for Defendant Westchester County, New York write to request that the current deadline for defendant to identify experts and disclose expert testimony be extended by thirty days to 8/13/08. Defendant recognizes that such a 30-day extension would require that similar 30-day extensions would be required for relator's rebuttal expert testimony (to 8/27/08); the close of expert discovery (to 9/17/08); the time by which to make a summary judgment motion (to 10/19/08); the time by which to oppose a summary judgment motion (to 11/9/08); and the time by which to submit reply papers in connection with a summary judgment motion (to 11/23/08). ENDORSEMENT: The pretrial order or summary judgment motion remains due September 19. The parties may adjust the expert discovery schedule on consent. Without such consent, the March 19 Order remains in effect. (Signed by Judge Denise L. Cote on 6/30/08) (tro) (Entered: 07/01/2008)

June 30, 2008 PACER
69

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DEFICIENT DOCKET ENTRYJOINT MOTION for Extension of Time to Complete Discovery and Expert Disclosure (STIPULATION). Document filed by Anti-Discrimination Center of Metro New York, Inc.. Return Date set for 8/27/2008 at 12:00 AM.(Allen, Michael) Modified on 7/3/2008 (jar). (Entered: 07/02/2008)

July 2, 2008 PACER

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 69 HAS BEEN REJECTED. Note to Attorney Michael Allen : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)

July 3, 2008 PACER
70

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Allen dated 7/15/2008 re: Counsel writes to seek a pre-motion conference on discovery in advance of a motion to compel. ENDORSEMENT: No letter may be longer than 2 pages. This letter is rejected. (Signed by Judge Denise L. Cote on 7/16/2008) (tve) (Entered: 07/16/2008)

July 16, 2008 PACER
71

TRANSCRIPT of proceedings held on 7/23/08 before Judge Denise L. Cote. (ama) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
72

SCHEDULING ORDER: It is hereby ordered that the case is placed on the October 6, 2008 trial ready calendar. You must be ready to proceed on 24 hours notice. You may contact the Deputy Clerk Gloria Rojas, to learn where your case stands on the calendar. It is further ordered that the following procedures set forth in this order shall govern the conduct of the trial So Ordered. (Signed by Judge Denise L. Cote on 8/11/08) (js) (Entered: 08/12/2008)

Aug. 12, 2008 PACER
73

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Allen dated 8/28/08 re: Counsel for both parties jointly request extension of the current scheduled, as follows: Dispositive motions due 9/30/08; Oppositions due 10/28/08; and reply briefs due 11/11/08. ENDORSEMENT: Granted. The case is removed from the trial ready calendar., (Signed by Judge Denise L. Cote on 9/3/08) (tro) (Entered: 09/04/2008)

Sept. 3, 2008 PACER
74

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael Allen dated 9/18/08 re: Counsel for Relator and Defendants write to express the parties' joint request to increase the length of briefs related to dispositive motions, the deadline for which is 9/30/08. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/19/08) (tro) (Entered: 09/19/2008)

Sept. 19, 2008 PACER

***DELETED DOCUMENT. Deleted document number 75 ENDORSED LETTER. The document was incorrectly filed in this case. (djc)

Sept. 19, 2008 PACER
75

MOTION for Summary Judgment. Document filed by Anti-Discrimination Center of Metro New York, Inc.. Responses due by 10/28/2008(Allen, Michael) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
76

MEMORANDUM OF LAW in Support re: 75 MOTION for Summary Judgment.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
77

RULE 56.1 STATEMENT. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
78

NOTICE of Request for Judicial Notice re: 75 MOTION for Summary Judgment. Document filed by Anti-Discrimination Center of Metro New York, Inc. (Attachments: # 1 Exhibit 1 - Code of the Town of Lewisboro, # 2 Exhibit 2 - Code of the Village of Briarcliff Manor, # 3 Exhibit 3 - Code of the Town of North Salem, # 4 Exhibit 4 - Code of the Town of North Castle, # 5 Exhibit 5 - Code of the Village of Hastings-on-Hudson, # 6 Exhibit 6 - Code of the Town of Somers, # 7 Exhibit 7 - Municipal Code of Westchester County)(Allen, Michael) Modified on 10/1/2008 (db). Modified on 10/1/2008 (jar). (Entered: 09/30/2008)

2 Exhibit 1 - Code of the Town of Lewisboro

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3 Exhibit 2 - Code of the Village of Briarcliff Manor

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4 Exhibit 3 - Code of the Town of North Salem

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5 Exhibit 4 - Code of the Town of North Castle

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6 Exhibit 5 - Code of the Village of Hastings-on-Hudson

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7 Exhibit 6 - Code of the Town of Somers

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8 Exhibit 7 - Municipal Code of Westchester County

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Sept. 30, 2008 PACER
79

MOTION for Summary Judgment. Document filed by Westchester County, New York. Responses due by 10/28/2008(Gerson, Stuart) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
80

DECLARATION of Michael Allen in Support re: 75 MOTION for Summary Judgment.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Attachments: # 1 Appendix III, Tab 28 - Excerpts from Drummond Deposition, Vol. II, # 2 Appendix III, Tab 28a - Excerpts from Drummond Deposition, Vol. II, # 3 Appendix III, Tab 28b - Excerpts from Drummond Deposition, Vol II, # 4 Appendix III, Tab 29 - Excerpts from Spano Deposition, # 5 Appendix III, Tab 30 - Excerpts from Mulligan Deposition, # 6 Appendix III, Tab 31 - Excerpts from Drummond Deposition, Vol. I, # 7 Appendix III, Tab 32 - Excerpts from Brathwaite Deposition, # 8 Appendix III, Tab 33 - Excerpts from Lipkin Deposition, # 9 Appendix III, Tab 34 - Excerpts from Lacefield Deposition, # 10 Appendix III, Tab 35 - Excerpts from Welch Deposition, # 11 Appendix III, Tab 36 - Excerpts from Clark Deposition, # 12 Appendix III, Tab 37 - Excerpts from Levy Deposition, # 13 Appendix III, Tab 38 - Excerpts from Sanchez Deposition, # 14 Appendix III, Tab 39 - Excerpts from Massari Deposition, # 15 Appendix III, Tab 39a - Excerpts from Massari Deposition, # 16 Appendix III, Tab 39b - Excerpts from Massari Deposition, # 17 Appendix III, Tab 39c - Excerpts from Massari Deposition, # 18 Appendix III, Tab 40 - Excerpts from Gurian Deposition, # 19 Appendix III, Tab 41 - Excerpts from Bellman Deposition, # 20 Appendix III, Tab 42 - Excerpts from Raymond Deposition)(Allen, Michael) (Entered: 09/30/2008)

2 Appendix III, Tab 28 - Excerpts from Drummond Deposition, Vol. II

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3 Appendix III, Tab 28a - Excerpts from Drummond Deposition, Vol. II

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4 Appendix III, Tab 28b - Excerpts from Drummond Deposition, Vol II

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5 Appendix III, Tab 29 - Excerpts from Spano Deposition

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6 Appendix III, Tab 30 - Excerpts from Mulligan Deposition

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7 Appendix III, Tab 31 - Excerpts from Drummond Deposition, Vol. I

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8 Appendix III, Tab 32 - Excerpts from Brathwaite Deposition

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9 Appendix III, Tab 33 - Excerpts from Lipkin Deposition

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10 Appendix III, Tab 34 - Excerpts from Lacefield Deposition

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11 Appendix III, Tab 35 - Excerpts from Welch Deposition

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12 Appendix III, Tab 36 - Excerpts from Clark Deposition

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13 Appendix III, Tab 37 - Excerpts from Levy Deposition

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14 Appendix III, Tab 38 - Excerpts from Sanchez Deposition

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15 Appendix III, Tab 39 - Excerpts from Massari Deposition

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16 Appendix III, Tab 39a - Excerpts from Massari Deposition

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17 Appendix III, Tab 39b - Excerpts from Massari Deposition

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18 Appendix III, Tab 39c - Excerpts from Massari Deposition

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19 Appendix III, Tab 40 - Excerpts from Gurian Deposition

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20 Appendix III, Tab 41 - Excerpts from Bellman Deposition

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21 Appendix III, Tab 42 - Excerpts from Raymond Deposition

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Sept. 30, 2008 PACER
81

DECLARATION of Michael Allen in Support re: 75 MOTION for Summary Judgment.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Attachments: # 1 Appendix II, Tab 21 - Beveridge Expert Report, # 2 Appendix II, Tab 21a - Beveridge Expert Report, # 3 Appendix II, Tab 21b - Beveridge Expert Report, # 4 Appendix II, Tab 21c - Beveridge Expert Report, # 5 Appendix II, Tab 22 - Beveridge Rebuttal Report, # 6 Appendix II, Tab 23 - Pratt Expert Report, # 7 Appendix II, Tab 24 - Pratt Rebuttal Report, # 8 Appendix II, Tab 25 - Logan Expert Report, # 9 Appendix II, Tab 26 - Logan Rebuttal Report, # 10 Appendix II, Tab 27 - Bradford Expert Report)(Allen, Michael) (Entered: 09/30/2008)

2 Appendix II, Tab 21 - Beveridge Expert Report

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3 Appendix II, Tab 21a - Beveridge Expert Report

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4 Appendix II, Tab 21b - Beveridge Expert Report

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5 Appendix II, Tab 21c - Beveridge Expert Report

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6 Appendix II, Tab 22 - Beveridge Rebuttal Report

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7 Appendix II, Tab 23 - Pratt Expert Report

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8 Appendix II, Tab 24 - Pratt Rebuttal Report

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9 Appendix II, Tab 25 - Logan Expert Report

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10 Appendix II, Tab 26 - Logan Rebuttal Report

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11 Appendix II, Tab 27 - Bradford Expert Report

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Sept. 30, 2008 PACER
82

DECLARATION of Michael Allen in Support re: 75 MOTION for Summary Judgment.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Attachments: # 1 Appendix I, Tab 1 - Defendant's Responses to First Requests for Admission, # 2 Appendix I, Tab 2 - Excerpts from the Fair Housing Planning Guide, # 3 Appendix I, Tab 3 - Defendant's Responses to Revised Second Requests for Admission, # 4 Appendix I, Tab 4 - J. D'Agosta 1996 letter to A. O'Rourke, # 5 Appendix I, Tab 5 - March 11, 2005 Application for Federal Assistance, # 6 Appendix I, Tab 6 - Funding Approval/Agreement Forms, # 7 Appendix I, Tab 7 - 1996 Analysis of Impediments, # 8 Appendix I, Tab 8 - 2000 Analysis of Impediments, # 9 Appendix I, Tab 9 - Annual Action Plans, # 10 Appendix I, Tab 9a - Annual Action Plans, # 11 Appendix I, Tab 10 - Guide to Affordable Housing Development (1997), # 12 Appendix I, Tab 11 - End of Decade Report (2000), # 13 Appendix I, Tab 12 - Affordable Housing Action Plan (2004), # 14 Appendix I, Tab 13 - Affordable Housing Allocation Plan (2005), # 15 Appendix I, Tab 14 - Do Real Estate Agents Treat Minorities Differently than Whites? (2005), # 16 Appendix I, Tab 15 - Westchester County's Brief in Response to Plaintiff's Motion for a Prelminary Injunction (Westhab, Inc. v. The Village of Elmsford), # 17 Appendix I, Tab 16 - Instructions for Urban County Qualification for Participation in CDBG Program, # 18 Appendix I,Tab 17 - Excerpts from Patterns for Westchester, # 19 Appendix I, Tab 18a - Defendant's Response to First Request for Production, # 20 Appendix I, Tab 18b - Defendant's Responses to Revised Second Request for Production, # 21 Appendix I, Tab 19 - Defendant's Amended Response to Revised Contention Interrogatories, # 22 Appendix I, Tab 20 - Excerpts from Rockland County's Analysis of Impediments)(Allen, Michael) (Entered: 09/30/2008)

2 Appendix I, Tab 1 - Defendant's Responses to First Requests for Admission

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3 Appendix I, Tab 2 - Excerpts from the Fair Housing Planning Guide

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4 Appendix I, Tab 3 - Defendant's Responses to Revised Second Requests for Ad

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5 Appendix I, Tab 4 - J. D'Agosta 1996 letter to A. O'Rourke

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6 Appendix I, Tab 5 - March 11, 2005 Application for Federal Assistance

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7 Appendix I, Tab 6 - Funding Approval/Agreement Forms

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8 Appendix I, Tab 7 - 1996 Analysis of Impediments

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9 Appendix I, Tab 8 - 2000 Analysis of Impediments

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10 Appendix I, Tab 9 - Annual Action Plans

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11 Appendix I, Tab 9a - Annual Action Plans

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12 Appendix I, Tab 10 - Guide to Affordable Housing Development (1997)

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13 Appendix I, Tab 11 - End of Decade Report (2000)

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14 Appendix I, Tab 12 - Affordable Housing Action Plan (2004)

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15 Appendix I, Tab 13 - Affordable Housing Allocation Plan (2005)

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16 Appendix I, Tab 14 - Do Real Estate Agents Treat Minorities Differently than Whi

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17 Appendix I, Tab 15 - Westchester County's Brief in Response to Plaintiff�

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18 Appendix I, Tab 16 - Instructions for Urban County Qualification for Participati

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19 Appendix I,Tab 17 - Excerpts from Patterns for Westchester

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20 Appendix I, Tab 18a - Defendant's Response to First Request for Production

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21 Appendix I, Tab 18b - Defendant's Responses to Revised Second Request for P

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22 Appendix I, Tab 19 - Defendant's Amended Response to Revised Contention Int

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23 Appendix I, Tab 20 - Excerpts from Rockland County's Analysis of Impediment

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Sept. 30, 2008 PACER
83

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Kalish in Support re: 79 MOTION for Summary Judgment.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit 1 (of 2), # 2 Exhibit 1 (part 2 of 2), # 3 Exhibit 2, # 4 Exhibit 3 (part 1 of 2), # 5 Exhibit 3 (part 2 of 2), # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Errata 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Errata 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Errata 33, # 36 Errata 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44)(Gerson, Stuart) Modified on 10/2/2008 (jar). (Entered: 09/30/2008)

2 Exhibit 1 (of 2)

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3 Exhibit 1 (part 2 of 2)

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4 Exhibit 2

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5 Exhibit 3 (part 1 of 2)

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6 Exhibit 3 (part 2 of 2)

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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14 Errata 11

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15 Exhibit 12

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16 Exhibit 13

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17 Exhibit 14

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18 Exhibit 15

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19 Exhibit 16

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20 Exhibit 17

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21 Exhibit 18

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22 Exhibit 19

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23 Exhibit 20

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24 Exhibit 21

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25 Exhibit 22

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26 Exhibit 23

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27 Errata 24

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28 Exhibit 25

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29 Exhibit 26

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30 Exhibit 27

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31 Exhibit 28

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32 Exhibit 29

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33 Exhibit 30

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34 Exhibit 31

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35 Exhibit 32

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36 Errata 33

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37 Errata 34

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38 Exhibit 35

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39 Exhibit 36

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40 Exhibit 37

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41 Exhibit 38

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42 Exhibit 39

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43 Exhibit 40

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44 Exhibit 41

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45 Exhibit 42

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46 Exhibit 43

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47 Exhibit 44

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Sept. 30, 2008 PACER
84

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Kalish (with Exhibits 45-76) in Support re: 79 MOTION for Summary Judgment.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit 45, # 2 Exhibit 46, # 3 Exhibit 49, # 4 Exhibit 50, # 5 Exhibit 51, # 6 Exhibit 52, # 7 Exhibit 53, # 8 Exhibit 54, # 9 Exhibit 55, # 10 Exhibit 56, # 11 Exhibit 57, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64, # 18 Exhibit 65, # 19 Exhibit 66, # 20 Exhibit 67, # 21 Exhibit 68 (part 1 of 2), # 22 Errata 68 (part 2 of 2), # 23 Exhibit 69, # 24 Exhibit 70, # 25 Exhibit 72, # 26 Exhibit 73, # 27 Errata 74, # 28 Exhibit 75, # 29 Exhibit 76, # 30 Exhibit 47, # 31 Exhibit 48, # 32 Exhibit 61, # 33 Exhibit 71)(Gerson, Stuart) Modified on 10/2/2008 (jar). (Entered: 09/30/2008)

2 Exhibit 45

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3 Exhibit 46

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4 Exhibit 49

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5 Exhibit 50

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6 Exhibit 51

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7 Exhibit 52

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8 Exhibit 53

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9 Exhibit 54

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10 Exhibit 55

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11 Exhibit 56

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12 Exhibit 57

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13 Exhibit 58

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14 Exhibit 59

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15 Exhibit 60

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16 Exhibit 62

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17 Exhibit 63

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18 Exhibit 64

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19 Exhibit 65

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20 Exhibit 66

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21 Exhibit 67

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22 Exhibit 68 (part 1 of 2)

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23 Errata 68 (part 2 of 2)

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24 Exhibit 69

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25 Exhibit 70

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26 Exhibit 72

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27 Exhibit 73

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28 Errata 74

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29 Exhibit 75

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30 Exhibit 76

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31 Exhibit 47

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32 Exhibit 48

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33 Exhibit 61

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34 Exhibit 71

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Sept. 30, 2008 PACER
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment (Rule 56.1 Statement). Document filed by Westchester County, New York. Responses due by 10/28/2008(Gerson, Stuart) Modified on 10/1/2008 (jar). (Entered: 09/30/2008)

Sept. 30, 2008 PACER
86

MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment.. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 09/30/2008)

Sept. 30, 2008 PACER

***DELETED DOCKET ENTRY. Deleted docket entry Note to Attorney re: Electronic Filing in Non-ECF Case. The entry was incorrectly filed in this case. (jar)

Sept. 30, 2008 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stuart Gerson to RE-FILE Document 85 MOTION for Summary Judgment Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answer. (jar)

Sept. 30, 2008 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stuart Gerson to RE-FILE Document 83 Affirmation in Support of Motion. ERROR(S): Duplicate filing of document to accommodate exhibits. See Section 15.4 of Electronic Case Filing Rules & Instructions. (jar)

Sept. 30, 2008 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stuart Gerson to RE-FILE Document 84 Affirmation in Support of Motion. ERROR(S): Duplicate filing of document to accommodate exhibits. See Section 15.4 of Electronic Case Filing Rules & Instructions. (jar)

Sept. 30, 2008 PACER
87

RULE 56.1 STATEMENT. Document filed by Westchester County, New York. (Gerson, Stuart) (Entered: 10/01/2008)

Oct. 1, 2008 PACER
88

AFFIRMATION of Michael A. Kalish in Support re: 79 MOTION for Summary Judgment.. Document filed by Westchester County, New York. (Attachments: # 1 Exhibit 1 (part 1 of 2), # 2 Exhibit Exh. 1 (part 2), # 3 Exhibit Exh. 2, # 4 Exhibit Exh. 3 (part 1), # 5 Exhibit 3 (part 2), # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11 (part 1), # 14 Exhibit 11 (part 2), # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50, # 54 Exhibit 51, # 55 Exhibit 52, # 56 Exhibit 53, # 57 Exhibit 54, # 58 Exhibit 55, # 59 Exhibit 56, # 60 Exhibit 57, # 61 Exhibit 58, # 62 Exhibit 59, # 63 Errata 60, # 64 Exhibit 61, # 65 Exhibit 62, # 66 Exhibit 63, # 67 Exhibit 64, # 68 Exhibit 65, # 69 Exhibit 66, # 70 Exhibit 67, # 71 Exhibit 68 (part 1), # 72 Exhibit 68 (part 2), # 73 Exhibit 69, # 74 Exhibit 70, # 75 Exhibit 71, # 76 Exhibit 72, # 77 Exhibit 73, # 78 Exhibit 74, # 79 Exhibit 75, # 80 Exhibit 76)(Gerson, Stuart) (Entered: 10/02/2008)

2 Exhibit 1 (part 1 of 2)

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3 Exhibit Exh. 1 (part 2)

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4 Exhibit Exh. 2

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5 Exhibit Exh. 3 (part 1)

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6 Exhibit 3 (part 2)

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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14 Exhibit 11 (part 1)

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15 Exhibit 11 (part 2)

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16 Exhibit 12

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17 Exhibit 13

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18 Exhibit 14

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19 Exhibit 15

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20 Exhibit 16

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21 Exhibit 17

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22 Exhibit 18

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23 Exhibit 19

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24 Exhibit 20

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25 Exhibit 21

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26 Exhibit 22

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27 Exhibit 23

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28 Exhibit 24

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29 Exhibit 25

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30 Exhibit 26

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31 Exhibit 27

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32 Exhibit 28

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33 Exhibit 29

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34 Exhibit 30

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35 Exhibit 31

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36 Exhibit 32

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37 Exhibit 33

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38 Exhibit 34

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39 Exhibit 35

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40 Exhibit 36

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41 Exhibit 37

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42 Exhibit 38

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43 Exhibit 39

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44 Exhibit 40

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45 Exhibit 41

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46 Exhibit 42

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47 Exhibit 43

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48 Exhibit 44

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49 Exhibit 45

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50 Exhibit 46

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51 Exhibit 47

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52 Exhibit 48

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53 Exhibit 49

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54 Exhibit 50

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55 Exhibit 51

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56 Exhibit 52

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57 Exhibit 53

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58 Exhibit 54

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59 Exhibit 55

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60 Exhibit 56

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61 Exhibit 57

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62 Exhibit 58

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63 Exhibit 59

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64 Errata 60

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65 Exhibit 61

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66 Exhibit 62

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67 Exhibit 63

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68 Exhibit 64

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69 Exhibit 65

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70 Exhibit 66

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71 Exhibit 67

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72 Exhibit 68 (part 1)

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73 Exhibit 68 (part 2)

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74 Exhibit 69

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75 Exhibit 70

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76 Exhibit 71

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77 Exhibit 72

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78 Exhibit 73

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79 Exhibit 74

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80 Exhibit 75

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81 Exhibit 76

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Oct. 2, 2008 PACER
89

ORDER SCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 12/3/2008 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/10/2008) (tve) (Entered: 10/10/2008)

Oct. 10, 2008 PACER
90

AMENDED MEMORANDUM OF LAW in Support re: 75 MOTION for Summary Judgment.. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
91

RULE 56.1 STATEMENT. Document filed by Anti-Discrimination Center of Metro New York, Inc.. (Allen, Michael) (Entered: 10/17/2008)

Oct. 17, 2008 PACER

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: April 12, 2006

Closing Date: July 17, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Anti-Discrimination Center of New York, in the interest of minorities who were unable to obtain affordable housing in predominantly white communities in Westchester County. Since this is a "qui tam" action, ADC appears in the stead of the United States, which was the victim of the alleged false claims at issue in the case.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Westchester County (Westchester), County

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $51,600,000

Order Duration: 2009 - 2017

Content of Injunction:

Auditing

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Recordkeeping

Issues

General:

Disparate Impact

Funding

Housing

Housing assistance

Racial segregation

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic