Case: Balvage v. Ryderwood Improvement and Service Association

3:09-cv-05409 | U.S. District Court for the Western District of Washington

Filed Date: July 8, 2009

Closed Date: Aug. 28, 2014

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Case Summary

On July 8, 2009, a class made up of owners and residents of Ryderwood, an area of Cowlitz County, Washington filed this lawsuit in the U.S. District Court of Western Washington against Ryderwood Improvement and Service Association, Inc. (RISA), alleging that RISA violated the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. The FHA prohibits discrimination based on "familial status," which refers to families having one or more persons who have not attained the age of 18 years. Ryderwood consists of approximately 270 single family homes that here devised by deeds and subject to identical covenants and restrictions. RISA's rules required that the owner or purchaser must be "a bona-fide recipient of an annuity or a pension;" that such person "must not be less than fifty-five years of age"; and that there must be "no additional, permanent occupants of the home (other than the spouse) who do not meet the above requirements." The plaintiffs claimed that RISA's rules violated the federal Fair Housing Act (FHA) by limiting sales to persons who are 55 years of age or older and have no family members under the age of 18.

An exemption existed for the compliance with certain aspects of the Fair Housing Act based on the Housing for Older Persons Amendment ("HOPA"), as stated in 42 U.S.C. § 3607. In order for a 55 and older community to qualify for the HOPA exemption, it must adopt, publish, and adhere to policies and procedures that demonstrate the intent required under HOPA. Once a housing facility or community adopted rules and regulations consistent with HOPA, the facility or community must regularly audit its members to ensure it was complying with the age requirement.

The plaintiffs sought relief for violations of the FHA, for fraudulent concealment by RISA in failing to disclose that RISA was not HOPA compliant, and for violations of the Washington Consumer Protection Act in misleading a large portion of the consuming public about the legality of its occupancy restrictions. The plaintiffs also sought declaratory and injunctive relief ordering RISA to rescind its occupancy restrictions.

On November 11, 2009, the plaintiffs filed an amended complaint that no longer included the fraudulent concealment or Washington Consumer Protection Act charges.

On June 4, 2010, Judge Benjamin H. Settle denied RISA's motion for partial summary judgment and granted in part and denied in part the plaintiffs' motion for partial summary judgment. He held that RISA was not entitled to the HOPA exception because it had not shown compliance with the regulations governing the HOPA. 2010 WL 2292825. On August 11, 2010, Judge Settle granted the plaintiffs' motion for preliminary injunction requiring RISA to cease any enforcement of age-restrictions at its homes. He denied the motion for attorneys' fees, holding that the issue should be decided at the conclusion of the case. 2010 WL 3211701. RISA moved to appeal these orders and to stay the case pending the appeal on August 13. Judge Settle granted the motion to file a discretionary appeal and in part granted the motion to stay the proceedings on August 14th. 2010 WL 3490191.

On January 14, 2011, the Ninth Circuit (Susan P. Graber, Raymond C. Fisher, and Consuelo B. Marshall) heard oral argument on the appeal. On April 27, the Circuit Court affirmed in part and vacated in part the district court's grant of partial summary judgment to the plaintiffs. The court found that RISA had been HOPA compliant since 2007. However, this compliance did not shield the community from liability for discrimination occurring before compliance was achieved. The court remanded to the district court to determine whether RISA's 2007 survey satisfied the HOPA statutory and regulatory criteria. 642 F.3d 765.

Back in the district court, the parties filed a joint status report on June 14, 2011, indicating they wanted the court to determine if RISA became HOPA compliant beginning or after September 2007 and if the 2007 survey was adequate.

The plaintiffs then moved for partial summary judgment on April 12, 2012, arguing that the 2007 survey was inadequate as a matter of law. The defendants also moved for summary judgment that day, arguing that the claim regarding the survey's adequacy should be dismissed. The court denied both motions on July 20, 2012. 2012 WL 2977981.

The plaintiffs filed a third amended complaint on November 2, 2012, adding new language to its claim, stating that the defendants had violated 42 U.S.C. § 3617 by coercing, threatening, or intimidating the plaintiffs.

The parties then issued a series of motions for summary judgment. On April 18, 2013, the defendants moved for partial summary judgment on the claims of retaliation, which the court granted in part and denied in part as to various alleged actions on May 28, 2013. 2013 WL 2319404. The next day, the defendants moved for summary judgment as to the the issue of the plaintiffs' unpaid dues, asking the court to enter judgment against the plaintiffs for these dues. The court denied the motion on July 9, 2013. 2013 WL 3456920. On November 7, 2013, the defendants moved for summary judgment for the outstanding retaliation claims, which the court granted on March 4, 2014. On December 19, 2013, the defendants moved for summary judgment as to the plaintiffs' punitive damages claims, which the court denied on March 4, 2014. On January 2, 2014, the defendants filed a renewed motion for summary judgment as to the unpaid dues, which the court denied on March 4, 2014. Finally, on January 15, 2014, the defendants moved for summary judgment as to the plaintiffs' claims that they were currently not compliant with HOPE, which the court granted on March 4, 2014. 2014 WL 868804.

On April 22, 2014, the parties stipulated that they had settled all claims except for those pertaining to two individual plaintiffs while they were in bankruptcy proceedings. The parties therefore jointly moved to dismiss the settled claims, which the court granted on July 7, 2014. The court dismissed the claims as to the two remaining plaintiffs on August 28, 2014. Any private settlement agreement does not appear to be publicly available at this time.

The case is now closed.

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Summary Authors

David Priddy (6/16/2011)

Virginia Weeks (11/13/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410433/parties/balvage-v-ryderwood-improvement-and-service-association-inc/

Judge(s)

Fisher, Raymond C. (California)

Attorney for Plaintiff

Anderson, David C. (Washington)

Burton, Mark E. (Washington)

Canzoneri, Jack J. (Washington)

Coyne, Dennis M. (Washington)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Fisher, Raymond C. (California)

Graber, Susan (Oregon)

Marshall, Consuelo Bland (California)

Settle, Benjamin Hale (Washington)

Attorney for Plaintiff

Anderson, David C. (Washington)

Burton, Mark E. (Washington)

Canzoneri, Jack J. (Washington)

Coyne, Dennis M. (Washington)

Headen, Jeannette H (Washington)

Isen, Julie (Washington)

Killian, John O. (Washington)

Langhoff, Marissa Christina (Washington)

Lazarz, Mark G. (Washington)

Leatham, Stephen Garrett (Washington)

Lorber, Abraham K (Washington)

Lynam, Joseph E (Washington)

Mabry, Alex (Washington)

Steward, John S (Washington)

White, Diane (Washington)

Attorney for Defendant

Goldstein, Steven (Washington)

Hardage, A. Carter (Washington)

Hartigan, Michael Russell (Washington)

Jr, James Standifer (Washington)

Noga, Darrell G-M (Washington)

OConnor, Patrick Halpin (Washington)

Ohm, Ralph C. (Washington)

Padilla, Steff (Washington)

Pond, Victoria M (Washington)

White, Bob (Washington)

Expert/Monitor/Master/Other

Ross, Richard D (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:09-cv-05409	Docket [PACER]	Aug. 28, 2014	Aug. 28, 2014 Docket
1 3:09-cv-05409	Complaint	July 8, 2009	July 8, 2009 Complaint
14 3:09-cv-05409	Plaintiffs' Motion for Partial Summary Judgment	March 11, 2010	March 11, 2010 Pleading / Motion / Brief
17 3:09-cv-05409	Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment	March 29, 2010	March 29, 2010 Pleading / Motion / Brief
20 3:09-cv-05409	Plaintiffs' Reply in Support of Motion for Partial Summary Judgment	April 1, 2010	April 1, 2010 Pleading / Motion / Brief
22 3:09-cv-05409	Defendants' Motion for Partial Summary Judgment	April 1, 2010	April 1, 2010 Pleading / Motion / Brief
42 3:09-cv-05409	District Court Opinion	June 4, 2010	June 4, 2010 Order/Opinion 2010 WL 2292825
48 3:09-cv-05409	Plaintiffs' Motion for Preliminary Injunction	June 17, 2010	June 17, 2010 Pleading / Motion / Brief
57 3:09-cv-05409	Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction	July 6, 2010	July 6, 2010 Pleading / Motion / Brief
63 & 64 3:09-cv-05409	Plaintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction	July 9, 2010	July 9, 2010 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410433/balvage-v-ryderwood-improvement-and-service-association-inc/

Last updated Oct. 14, 2025, 7:23 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against defendant(s) Ryderwood Improvement and Service Association, Inc. (Summons(es) issued)(Receipt # SEA27435), filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Civil Cover Sheet)(TG) (Entered: 07/09/2009) 2 Civil Cover Sheet View on PACER	July 8, 2009	July 8, 2009 RECAP
2	MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H Settle. (TG) (Entered: 07/09/2009)	July 9, 2009	July 9, 2009
3	MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Benjamin H Settle: Joint Status Report due by 11/6/2009, FRCP 26f Conference Deadline is 10/16/2009, Initial Disclosure Deadline is 10/30/2009. (TG) (Entered: 07/09/2009)	July 9, 2009	July 9, 2009
4	AFFIDAVIT of Service of Summons and Complaint on Sally Gene DeBriae--Registered Agent on 7/9/2009, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Certificate of Service)(Lynam, Joseph) (Entered: 07/14/2009) 2 Certificate of Service View on PACER	July 14, 2009	July 14, 2009
5	NOTICE of Appearance by attorney Steven Goldstein on behalf of Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 07/17/2009)	July 17, 2009	July 17, 2009
6	ANSWER to Complaint Affirmative Defenses, COUNTERCLAIM against plaintiff all plaintiffs by Ryderwood Improvement and Service Association, Inc..(Goldstein, Steven) (Entered: 08/04/2009)	Aug. 4, 2009	Aug. 4, 2009
7	STIPULATION AND PROPOSED ORDER RE AMENDED COMPLAINT by parties. (Lynam, Joseph) (Entered: 11/03/2009)	Nov. 3, 2009	Nov. 3, 2009
8	JOINT STATUS REPORT signed by all parties Filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 11/06/2009)	Nov. 6, 2009	Nov. 6, 2009
10	STIPULATION AND ORDER by Judge Benjamin H Settle re 7 Stipulation filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. (Attachments: # 1 Exhibit A)(TG) (Entered: 11/10/2009) 2 Exhibit A View on PACER	Nov. 10, 2009	Nov. 10, 2009
9	MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES; TEN DAY Bench Trial is set for 11/2/2010 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle: Joinder of Parties due by 12/10/2009; Amended Pleadings due by 12/21/2009; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/26/2010; Rebuttal Expert Disclosure/Reports due by 5/26/2010; Motions due by 6/7/2010; Discovery completed by 7/6/2010; Dispositive motions due by 8/4/2010; Settlement conference to be held by 9/3/2010; 39.1 mediation to be completed by 9/23/2010; 39.1 Settlement Report due by 10/4/2010; Motions in Limine due by 10/4/2010; Pretrial Order due by 10/12/2010; Trial briefs to be submitted by 10/12/2010; Pretrial Conference set for 10/18/2010 at 1:30 PM in Courtroom E before Judge Benjamin H. Settle. Authorized by Judge Benjamin H. Settle. (MGC) (Entered: 11/10/2009)	Nov. 10, 2009	Nov. 10, 2009
11	AMENDED COMPLAINT --CLASS ACTION FOR VIOLATION OF FEDERAL FAIR HOUSING ACT AND OTHER CLAIMS against defendant(s) Ryderwood Improvement and Service Association, Inc., filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 11/11/2009)	Nov. 11, 2009	Nov. 11, 2009
12	Stipulated MOTION AND ORDER TO CONTINUE PLAINTIFFS' LRCR 23(i)(3) DEADLINE by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. Noting Date 11/12/2009, (Lynam, Joseph) (Entered: 11/12/2009)	Nov. 12, 2009	Nov. 12, 2009
13	STIPULATION AND ORDER by Judge Benjamin H Settle re 12 Stipulated MOTION AND ORDER TO CONTINUE PLAINTIFFS' LRCR 23(i)(3) DEADLINE filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. Plaintiffs must file motion for class certification on or before 4/30/09. (TG) (Entered: 11/13/2009)	Nov. 13, 2009	Nov. 13, 2009
14	MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment Re Defendant's Violation of FHA and Non-Compliance with HOPA Exception) Noting Date 4/2/2010, (Lynam, Joseph) (Entered: 03/11/2010) 2 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment Re View on PACER	March 11, 2010	March 11, 2010
15	DECLARATION of Charles E. Weaver in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to Declaration of Charles E. Weaver, # 2 Exhibit B to Declaration of Charles E. Weaver, # 3 Exhibit C to the Declaration of Charles E. Weaver, # 4 Exhibit D to the Declaration of Charles E. Weaver, # 5 Exhibit E to the Declaration of Charles E. Weaver)(Lynam, Joseph) (Entered: 03/11/2010) 2 Exhibit A to Declaration of Charles E. Weaver View on PACER 3 Exhibit B to Declaration of Charles E. Weaver View on PACER 4 Exhibit C to the Declaration of Charles E. Weaver View on PACER 5 Exhibit D to the Declaration of Charles E. Weaver View on PACER 6 Exhibit E to the Declaration of Charles E. Weaver View on PACER	March 11, 2010	March 11, 2010
16	DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to the Declaration of Joseph E. Lynam, # 2 Exhibit B to the Declaration of Joseph E. Lynam, # 3 Exhibit C to the Declaration of Joseph E. Lynam, # 4 Exhibit D to the Declaration of Joseph E. Lynam)(Lynam, Joseph) (Entered: 03/11/2010) 2 Exhibit A to the Declaration of Joseph E. Lynam View on PACER 3 Exhibit B to the Declaration of Joseph E. Lynam View on PACER 4 Exhibit C to the Declaration of Joseph E. Lynam View on PACER 5 Exhibit D to the Declaration of Joseph E. Lynam View on PACER	March 11, 2010	March 11, 2010
17	RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception. Oral Argument Requested. (Goldstein, Steven) (Entered: 03/29/2010)	March 29, 2010	March 29, 2010
18	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Goldstein, Steven) (Entered: 03/29/2010)	March 29, 2010	March 29, 2010
19	DECLARATION of Sally Gene DeBriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Goldstein, Steven) (Entered: 03/29/2010)	March 29, 2010	March 29, 2010
20	REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Lynam, Joseph) (Entered: 04/01/2010)	April 1, 2010	April 1, 2010
21	Second DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Partial SJ filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 14 MOTION for Partial Summary Judgment Re Defendant's Violation for FHA and Non-Compliance with HOPA Exception (Attachments: # 1 Exhibit A to Second Lynam Decl, # 2 Exhibit B to Second Lynam Decl, # 3 Exhibit C to Second Lynam Decl)(Lynam, Joseph) (Entered: 04/01/2010) 2 Exhibit A to Second Lynam Decl View on PACER 3 Exhibit B to Second Lynam Decl View on PACER 4 Exhibit C to Second Lynam Decl View on PACER	April 1, 2010	April 1, 2010
22	MOTION for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 4/23/2010, (Goldstein, Steven) (Entered: 04/01/2010)	April 1, 2010	April 1, 2010
23	Second DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/01/2010)	April 1, 2010	April 1, 2010
24	DECLARATION of Sally Gene DeBriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/01/2010)	April 1, 2010	April 1, 2010
25	NOTICE that the following is RE-NOTED: 22 MOTION for Summary Judgment. Filed by Defendant Ryderwood Improvement and Service Association, Inc.. Noting Date 4/30/2010, (Attachments: # 1 Corrected Defendants' Motion for Partial Summary Judgment)(Goldstein, Steven) (Entered: 04/05/2010) 2 Corrected Defendants' Motion for Partial Summary Judgment View on PACER	April 5, 2010	April 5, 2010
26	PRAECIPE re 25 Notice of Motion Re-Noted, changing noting date and name of document to Defendants' Motion for Partial Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 04/05/2010)	April 5, 2010	April 5, 2010
27	PROPOSED ORDER (Unsigned) re 22 MOTION for Summary Judgment. (Goldstein, Steven) (Entered: 04/05/2010)	April 5, 2010	April 5, 2010
28	PRAECIPE to attach the Notice to the Court by Ed & Doris Ritzman that do not wish to be a part of this lawsuit. (CMG) (Entered: 04/08/2010)	April 5, 2010	April 5, 2010
29	RESPONSE, by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, to 22 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Proposed Order Denying Defendant's Motion for Partial Summary Judgment)(Lynam, Joseph) (Entered: 04/26/2010) 2 Proposed Order Denying Defendant's Motion for Partial Summary Judgment View on PACER	April 26, 2010	April 26, 2010
30	DECLARATION of Joyce Adams in Opposition to Defendant's Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)	April 26, 2010	April 26, 2010
31	DECLARATION of Joseph E. Lynam in Opposition to Defendant's Motion for Partial Summary Judgment & Exhibit filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)	April 26, 2010	April 26, 2010
32	DECLARATION of Abraham K. Lorber in Opposition to Defendant's Motion for Partial Summary Judgment & Exhibits filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Lynam, Joseph) (Entered: 04/26/2010)	April 26, 2010	April 26, 2010
33	DECLARATION of Charles E. Weaver in Opposition to Defendant's Motion for Partial Summary Judgment filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, pp 12-100, # 2 Exhibit A, pp 101-200, # 3 Exhibit A, pp 201-294; B & C)(Lynam, Joseph) (Entered: 04/26/2010) 2 Exhibit A, pp 12-100 View on PACER 3 Exhibit A, pp 101-200 View on PACER 4 Exhibit A, pp 201-294; B & C View on PACER	April 26, 2010	April 26, 2010
34	MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Extend LRCR 23(i)(3) Deadline) Noting Date 5/5/2010, (Lorber, Abraham) (Entered: 04/26/2010) 2 Proposed Order Granting Plaintiffs' Motion to Extend LRCR 23(i)(3) Deadline View on PACER	April 26, 2010	April 26, 2010
35	NOTICE that the following is RE-NOTED: 34 MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE. Filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. Noting Date 5/7/2010, (Lynam, Joseph) (Entered: 04/27/2010)	April 27, 2010	April 27, 2010
36	MOTION to Amend Complaint and for Voluntary Dismissal of Class Action Claims by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Exhibit A to Plaintiffs' Motion to Amend Complaint, # 2 Proposed Order Granting Plaintiffs' Motion to Amend Complaint and for Voluntary Dismissal of Class Action Claims) Noting Date 5/14/2010, (Lynam, Joseph) (Entered: 04/28/2010) 2 Exhibit A to Plaintiffs' Motion to Amend Complaint View on PACER 3 Proposed Order Granting Plaintiffs' Motion to Amend Complaint and for Volun View on PACER	April 28, 2010	April 28, 2010
37	REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 22 MOTION for Summary Judgment (Goldstein, Steven) (Entered: 04/30/2010)	April 30, 2010	April 30, 2010
38	Second DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 22 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibits C through N)(Goldstein, Steven) (Entered: 04/30/2010) 2 Exhibit Exhibits C through N View on PACER	April 30, 2010	April 30, 2010
39	ORDER by Judge Benjamin H Settle GRANTING 34 MOTION for Extension of Time PLAINTIFFS' MOTION TO EXTEND LRCR 23(i)(3) DEADLINE filed by Charles E. Weaver, Deborah A. Balvage, Raymond T. Balvage, Susan M. Weaver. (TG) (Entered: 05/17/2010)	May 17, 2010	May 17, 2010
40	ORDER by Judge Benjamin H Settle granting 36 Motion to Amend. Counsel is directed to e-file their Amended Complaint. (TG) (Entered: 05/27/2010)	May 27, 2010	May 27, 2010
41	Second AMENDED COMPLAINT for Violation of Federal Fair Housing Act and Other Claims against defendant(s) Ryderwood Improvement and Service Association, Inc., filed by Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver.(Lynam, Joseph) (Entered: 06/02/2010)	June 2, 2010	June 2, 2010
42	ORDER by Judge Benjamin H Settle granting in part and denying in part 14 Plaintiffs' Motion for Partial Summary Judgment; denying 25 Defendant's Motion for Summary Judgment.(TG) (Entered: 06/04/2010)	June 4, 2010	June 4, 2010 RECAP
43	PRAECIPE by Gary Balch asking not to be included in class action lawsuit. (CMG) (Entered: 06/15/2010)	June 14, 2010	June 14, 2010
44	PRAECIPE by Lisa Balch asking not to be included in class action lawsuit. (CMG) (Entered: 06/15/2010)	June 14, 2010	June 14, 2010
45	PRAECIPE by Nathan Ablamis asking to not be included in the class action lawsuit. (CMG) (Entered: 06/15/2010)	June 14, 2010	June 14, 2010
46	PRAECIPE by Dorothy Ablamis asking to not be included in the class action lawsuit. (CMG) (Entered: 06/15/2010)	June 14, 2010	June 14, 2010
47	RETURN RECEIPT (Green Card) re service by certified mail executed upon Lane Powell and SWIFFT (CMG) (Entered: 06/15/2010)	June 14, 2010	June 14, 2010
48	MOTION for Preliminary Injunction by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Imposing Preliminary Injunction) Noting Date 7/9/2010, (Lynam, Joseph) (Entered: 06/17/2010) 2 Proposed Order Imposing Preliminary Injunction View on PACER	June 17, 2010	June 17, 2010
49	DECLARATION of Charles Weaver In Support Of Plaintiff's Motion For Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 06/17/2010)	June 17, 2010	June 17, 2010
50	MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 6/18/2010, (Goldstein, Steven) (Entered: 06/18/2010)	June 18, 2010	June 18, 2010
51	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Goldstein, Steven) (Entered: 06/18/2010)	June 18, 2010	June 18, 2010
52	ORDER denying 50 Motion for Reconsideration and setting deadlines. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 06/23/2010)	June 22, 2010	June 22, 2010
53	MOTION for Attorney Fees by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Attorneys Fees) Noting Date 7/9/2010, (Lynam, Joseph) (Entered: 06/24/2010) 2 Proposed Order Granting Plaintiffs' Motion for Attorneys Fees View on PACER	June 24, 2010	June 24, 2010
54	DECLARATION of Charles E. Weaver In Support Of Plaintiffs' Motion For Attorneys Fees filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 53 MOTION for Attorney Fees (Lynam, Joseph) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
55	MOTION to Continue Motion For Continuance by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Proposed Order) Noting Date 7/16/2010, (Goldstein, Steven) (Entered: 06/30/2010) 2 Proposed Order View on PACER	June 30, 2010	June 30, 2010
56	DECLARATION of Steven Goldstein filed by Defendant Ryderwood Improvement and Service Association, Inc. re 55 MOTION to Continue Motion For Continuance (Goldstein, Steven) (Entered: 06/30/2010)	June 30, 2010	June 30, 2010
57	RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 48 MOTION for Preliminary Injunction. Oral Argument Requested. (Goldstein, Steven) (Entered: 07/06/2010)	July 6, 2010	July 6, 2010
58	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 48 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Goldstein, Steven) (Entered: 07/06/2010) 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER 15 Exhibit N View on PACER	July 6, 2010	July 6, 2010
59	DECLARATION of Sally-Gene Debriae filed by Defendant Ryderwood Improvement and Service Association, Inc. re 48 MOTION for Preliminary Injunction (Goldstein, Steven) (Entered: 07/06/2010)	July 6, 2010	July 6, 2010
60	RESPONSE, by Defendant Ryderwood Improvement and Service Association, Inc., to 53 MOTION for Attorney Fees. Oral Argument Requested. (Goldstein, Steven) (Entered: 07/06/2010)	July 6, 2010	July 6, 2010
61	RESPONSE, by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, to 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment. (Lynam, Joseph) (Entered: 07/07/2010)	July 7, 2010	July 7, 2010
62	DECLARATION of Charles E. Weaver In Opposition to RISA'S Motion for Leave to File for Discretionary Appeal filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Lynam, Joseph) (Entered: 07/07/2010)	July 7, 2010	July 7, 2010
63	REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010 RECAP
64	DECLARATION of Joseph E. Lynam in Support of Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010
65	Second DECLARATION of Charles E. Weaver in Support of Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver re 48 MOTION for Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010
66	PROPOSED ORDER (Unsigned) re 48 MOTION for Preliminary Injunction Amended Order Improsing Preliminary Injunction (Lynam, Joseph) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010
67	REPLY, filed by Plaintiffs Raymond T. Balvage, Deborah A. Balvage, Charles E. Weaver, Susan M. Weaver, TO RESPONSE to 53 MOTION for Attorney Fees (Lynam, Joseph) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010
68	REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Goldstein, Steven) (Entered: 07/09/2010)	July 9, 2010	July 9, 2010
69	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 50 MOTION for Reconsideration re 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Goldstein, Steven) (Entered: 07/09/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	July 9, 2010	July 9, 2010
70	RESPONSE, by Plaintiffs Deborah A. Balvage, Raymond T. Balvage, Charles E. Weaver, Susan M. Weaver, to 55 MOTION to Continue Motion For Continuance. (Lynam, Joseph) (Entered: 07/12/2010)	July 12, 2010	July 12, 2010
71	DECLARATION of Joseph E. Lynam in Opposition to RISA's Motion for Continuance filed by Plaintiffs Deborah A. Balvage, Raymond T. Balvage, Charles E. Weaver, Susan M. Weaver re 55 MOTION to Continue Motion For Continuance (Lynam, Joseph) (Entered: 07/12/2010)	July 12, 2010	July 12, 2010
72	REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 55 MOTION to Continue Motion For Continuance (Goldstein, Steven) (Entered: 07/14/2010)	July 14, 2010	July 14, 2010
73	STIPULATION AND PROPOSED ORDER TO CONTINUE DISPOSITIVE MOTIONS CUTOFF DATE by parties. (Goldstein, Steven) (Entered: 08/03/2010)	Aug. 3, 2010	Aug. 3, 2010
74	STIPULATION AND ORDER by Judge Benjamin H Settle re 73 Stipulation filed by Ryderwood Improvement and Service Association, Inc. Dispositive motions due by 8/18/2010. (TG) (Entered: 08/04/2010)	Aug. 4, 2010	Aug. 4, 2010
75	ORDER by Judge Benjamin H Settle GRANTING 48 Motion for Preliminary Injunction; and DENYING 53 Motion for Attorney Fees.(TG) (Entered: 08/11/2010)	Aug. 11, 2010	Aug. 11, 2010 RECAP
76	NOTICE of Hearing: Status Conference/In-court Hearing set for 8/26/2010 at 1:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 08/12/2010)	Aug. 12, 2010	Aug. 12, 2010
77	MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws by Defendant Ryderwood Improvement and Service Association, Inc.. Oral Argument Requested. Noting Date 9/3/2010, (Goldstein, Steven) (Entered: 08/12/2010)	Aug. 12, 2010	Aug. 12, 2010
78	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-O, # 4 Exhibit P-T, # 5 Exhibit U-X)(Goldstein, Steven) (Entered: 08/12/2010) 1 Exhibit A-E View on PACER 2 Exhibit F-J View on PACER 3 Exhibit K-O View on PACER 4 Exhibit P-T View on PACER 5 Exhibit U-X View on PACER	Aug. 12, 2010	Aug. 12, 2010
79	NOTICE OF APPEAL #10-35714 as to 75 Order on Motion for Preliminary Injunction, Order on Motion for Attorney Fees, 42 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Defendant Ryderwood Improvement and Service Association, Inc.. Filing Fee $455, Receipt number 0981-2157041. (Attachments: # 1 Exhibit, # 2 Exhibit)(Goldstein, Steven) Modified on 8/26/2010-add appeal number (MW). (Entered: 08/13/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER	Aug. 13, 2010	Aug. 13, 2010
80	REPRESENTATION STATEMENT, by Defendant Ryderwood Improvement and Service Association, Inc., (re: 79 Notice of Appeal,.) (Goldstein, Steven) (Entered: 08/13/2010)	Aug. 13, 2010	Aug. 13, 2010
81	CERTIFICATE re 80 Representation Statement, 79 Notice of Appeal, CERTIFICATE NO TRANSCRIPT WILL BE ORDERED by Defendant Ryderwood Improvement and Service Association, Inc.. (Goldstein, Steven) (Entered: 08/13/2010)	Aug. 13, 2010	Aug. 13, 2010
82	ERRATA re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Errata)(Goldstein, Steven) (Entered: 08/13/2010) 1 Errata View on PACER	Aug. 13, 2010	Aug. 13, 2010
83	PROPOSED ORDER (Unsigned) re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws. (Goldstein, Steven) (Entered: 08/13/2010)	Aug. 13, 2010	Aug. 13, 2010
84	APPEAL NOTIFICATION packet sent to US Court of Appeals re 79 Notice of Appeal, (Attachments: # 1 docket report)(MW) (Entered: 08/13/2010) 1 docket report View on PACER	Aug. 13, 2010	Aug. 13, 2010
87	ORDER of USCA as to 79 Notice of Appeal #10-35714, filed by Ryderwood Improvement and Service Association, Inc.; appeal filed 8/13/10 is a preliminary injunction appeal; parties to make arrangements to obtain transcript; BRIEFING SCHEDULE: opening brief is due by 9/10/10; answering brief is due 10/8/10; opt reply due w/in 14 days; if aplt fails to file timely opening brief, appeal will be dismissed (MW) (Entered: 08/26/2010)	Aug. 17, 2010	Aug. 17, 2010
85	MOTION for Partial Summary Judgment Regarding Punitive Damages by Defendant Ryderwood Improvement and Service Association, Inc.. (Attachments: # 1 Proposed Order) Noting Date 9/10/2010, (Goldstein, Steven) (Entered: 08/18/2010) 1 Proposed Order View on PACER	Aug. 18, 2010	Aug. 18, 2010
86	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 85 MOTION for Partial Summary Judgment Regarding Punitive Damages (Goldstein, Steven) (Entered: 08/18/2010)	Aug. 18, 2010	Aug. 18, 2010
88	MINUTE ENTRY for Status Conference held on 8/26/2010 before Judge Benjamin H. Settle - Dep Clerk: G. Craft; Pla Counsel: Joseph Lynam; Def Counsel: Steven Goldstein, Richard Ross; CR: Teri Hendrix; Time of Hearing: 1:30; Courtroom: E; Court grants RISA's motion for discretionary appeal; this case is STAYED, with the exception of 77 - pending motion for summary judgment; the Court will schedule a settlement conference for the parties. (MGC) (Entered: 08/27/2010)	Aug. 26, 2010	Aug. 26, 2010
89	RESPONSE, by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White, to 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws. (Attachments: # 1 Proposed Order)(Lynam, Joseph) (Entered: 08/30/2010) 1 Proposed Order View on PACER	Aug. 30, 2010	Aug. 30, 2010
90	DECLARATION of Charles E. Weaver in Opposition to RISA's Motion for Partial Summary Judgment Re Authority to Enforce Bylaws and Exhibits filed by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Lynam, Joseph) (Entered: 08/30/2010)	Aug. 30, 2010	Aug. 30, 2010
91	DECLARATION of Abraham K. Lorber in Opposition to RISA's Motion for Partial Summary Judgment Re Authority to Enforce Bylaws filed by Plaintiffs Joyce Marie Adams, Luvern Harland Allen, Edgar Ames, Darla Jean Baker, James Alvin Baker, Deborah A. Balvage, Raymond T. Balvage, Sharon Marie Banta, Ralph Alvin Barfell, Jr, Janie Kay Bodine, Ray Bodine, Margaret Louise Braga, Richard Anthony Braga, Jr, Charles Thomas Caldwell, Sandi Kay Caldwell, Karen Campbell, Laren Willbur Coleman, Pamela Denise Coleman, Alvin Dee Colpitts, Corabelle Colpitts, Betty Gene Donoghue, Elizabeth Elaine Dupree, Joyce Elain Fischer, Jeannette H Headen, Carol Nadine Huestis, Glenn Richard Huestis, Barbara Jean Joy, Miriam Margaret Kennedy-Allen, Ethel May Kolb, Gerald Blair Kolb, Alfred Wesley Leach, Gloria Eileen Leach, Carolyn L Morris, Raymond Ernest Morris, Arnold Nadeau, Barbara Louise Pepper, Bob Pistone, Doris Pistone, Sharon Powell, Vern Powell, Earleen M Rutherford, Charles John Santineau, Lucas John Shimmin, Diane Smith, Don Smith, Donald Neil Stroud, Sharon Lee Stroud, Charles E. Weaver, Susan M. Weaver, Janet Marie West, Walter Gordon West, Beverly White, Bob White, Diane White re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B Part 1, # 3 Exhibit Ex B Part 2)(Lynam, Joseph) (Entered: 08/30/2010) 1 Exhibit Ex A View on PACER 2 Exhibit Ex B Part 1 View on PACER 3 Exhibit Ex B Part 2 View on PACER	Aug. 30, 2010	Aug. 30, 2010
92	ORDER by Judge Benjamin H Settle granting Defendant's motion for discretionary appeal and granting in part Defendant's request for a stay pending appeal. Hearings, deadlines and motions terminated except for Dkt. 77 (RISA's pending motion for partial summary judgment). Court to schedule settlement conference before U.S. Magistrate Judge. (TG) (Entered: 09/01/2010)	Sept. 1, 2010	Sept. 1, 2010 RECAP
93	SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 9/27/2010 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to (253)882-3861 or submitted by e-mail to allyson_swan@wawd.uscourts.gov. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 9/30/2010 at 09:00 AM in C Courtroom before Judge J. Kelley Arnold; by Judge J. Kelley Arnold. (AS) (Entered: 09/02/2010)	Sept. 2, 2010	Sept. 2, 2010
94	REPLY, filed by Defendant Ryderwood Improvement and Service Association, Inc., TO RESPONSE to 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Goldstein, Steven) (Entered: 09/03/2010)	Sept. 3, 2010	Sept. 3, 2010
95	DECLARATION of Richard D. Ross filed by Defendant Ryderwood Improvement and Service Association, Inc. re 77 MOTION for Partial Summary Judgment Regarding Authority to Enforce Bylaws (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-O, # 4 Exhibit P-T, # 5 Exhibit U-Y, # 6 Exhibit Z-DD, # 7 Exhibit EE-GG)(Goldstein, Steven) (Entered: 09/03/2010) 1 Exhibit A-E View on PACER 2 Exhibit F-J View on PACER 3 Exhibit K-O View on PACER 4 Exhibit P-T View on PACER 5 Exhibit U-Y View on PACER 6 Exhibit Z-DD View on PACER 7 Exhibit EE-GG View on PACER	Sept. 3, 2010	Sept. 3, 2010
96	ORDER of USCA as to 79 Notice of Appeal #10-35714, filed by Ryderwood Improvement and Service Association, Inc.; this is a preliminary injunction appeal; aplt's mtn to stay pending appeal the district court's 8/11/10 preliminary injunction is granted; aples' mtn to dismiss will be addressed by separate order (MW) (Entered: 09/07/2010)	Sept. 3, 2010	Sept. 3, 2010
97	MINUTE ORDER referring case for settlement conference on 9/30/10. (MGC) (Entered: 09/08/2010)	Sept. 3, 2010	Sept. 3, 2010
98	AMENDED SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 9/29/2010 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax at (253)882-3881 or submitted by e-mail to allyson_swan@wawd.uscourts.gov. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 10/5/2010 at 09:00 AM in C Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS) (Entered: 09/08/2010)	Sept. 8, 2010	Sept. 8, 2010
99	Appeal Remark: ltr from CCA re petition for permission to appeal under 1292(b) #10-80186(MW) (Entered: 09/17/2010)	Sept. 16, 2010	Sept. 16, 2010
100	ORDER by Judge Benjamin H Settle GRANTING 77 Motion for Partial Summary Judgment.(TG) (Entered: 09/21/2010)	Sept. 21, 2010	Sept. 21, 2010 RECAP