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: 2014

Clearinghouse coding complete

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 cons…

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.

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.

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. 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. 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.

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.

Summary Authors

David Priddy (6/16/2011)

Virginia Weeks (11/13/2017)

People

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


Judge(s)

Fisher, Raymond C. (California)

Graber, Susan (Oregon)

Marshall, Consuelo Bland (California)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Leatham, Stephen Garrett (Washington)

Lorber, Abraham K (Washington)

Lynam, Joseph E (Washington)

Attorneys(s) for Defendant

Goldstein, Steven (Washington)

Pond, Victoria M (Washington)

Expert/Monitor/Master

Ross, Richard D (Washington)

Judge(s)

Fisher, Raymond C. (California)

Graber, Susan (Oregon)

Marshall, Consuelo Bland (California)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Leatham, Stephen Garrett (Washington)

Lorber, Abraham K (Washington)

Lynam, Joseph E (Washington)

Attorneys(s) for Defendant

Goldstein, Steven (Washington)

Pond, Victoria M (Washington)

Expert/Monitor/Master

Ross, Richard D (Washington)

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

2010 WL 2292825, 2010 U.S.Dist.LEXIS 99338

June 4, 2010

June 4, 2010

Order/Opinion
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

Resources

Docket

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

Last updated Aug. 6, 2022, 3:17 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

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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

PACER
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

PACER
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

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July 14, 2009

July 14, 2009

PACER
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

PACER
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

PACER
7

STIPULATION AND PROPOSED ORDER RE AMENDED COMPLAINT by parties. (Lynam, Joseph) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
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

PACER
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

PACER
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

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Nov. 10, 2009

Nov. 10, 2009

PACER
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

PACER
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

PACER
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

PACER
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

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March 11, 2010

March 11, 2010

PACER
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

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3 Exhibit B to Declaration of Charles E. Weaver

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4 Exhibit C to the Declaration of Charles E. Weaver

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5 Exhibit D to the Declaration of Charles E. Weaver

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6 Exhibit E to the Declaration of Charles E. Weaver

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March 11, 2010

March 11, 2010

PACER
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

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3 Exhibit B to the Declaration of Joseph E. Lynam

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4 Exhibit C to the Declaration of Joseph E. Lynam

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5 Exhibit D to the Declaration of Joseph E. Lynam

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March 11, 2010

March 11, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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3 Exhibit B to Second Lynam Decl

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4 Exhibit C to Second Lynam Decl

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April 1, 2010

April 1, 2010

PACER
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

PACER
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

PACER
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

PACER
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

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April 5, 2010

April 5, 2010

PACER
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

PACER
27

PROPOSED ORDER (Unsigned) re 22 MOTION for Summary Judgment. (Goldstein, Steven) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
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

PACER
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

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April 26, 2010

April 26, 2010

PACER
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

PACER
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

PACER
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

PACER
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

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3 Exhibit A, pp 101-200

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4 Exhibit A, pp 201-294; B & C

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April 26, 2010

April 26, 2010

PACER
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

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April 26, 2010

April 26, 2010

PACER
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

PACER
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

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3 Proposed Order Granting Plaintiffs' Motion to Amend Complaint and for Volun

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April 28, 2010

April 28, 2010

PACER
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

PACER
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

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April 30, 2010

April 30, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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June 17, 2010

June 17, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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June 24, 2010

June 24, 2010

PACER
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

PACER
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

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June 30, 2010

June 30, 2010

PACER
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

PACER
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

PACER
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

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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July 6, 2010

July 6, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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2 Exhibit B

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3 Exhibit C

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July 9, 2010

July 9, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

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2 Exhibit F-J

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3 Exhibit K-O

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4 Exhibit P-T

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5 Exhibit U-X

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Aug. 12, 2010

Aug. 12, 2010

PACER
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

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2 Exhibit

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Aug. 13, 2010

Aug. 13, 2010

PACER
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

PACER
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

PACER
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

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Aug. 13, 2010

Aug. 13, 2010

PACER
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

PACER
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

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Aug. 13, 2010

Aug. 13, 2010

PACER
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

PACER
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

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Aug. 18, 2010

Aug. 18, 2010

PACER
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

PACER
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

PACER
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

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Aug. 30, 2010

Aug. 30, 2010

PACER
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

PACER
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

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2 Exhibit Ex B Part 1

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3 Exhibit Ex B Part 2

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Aug. 30, 2010

Aug. 30, 2010

PACER
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

PACER
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

PACER
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

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2 Exhibit F-J

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3 Exhibit K-O

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4 Exhibit P-T

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5 Exhibit U-Y

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6 Exhibit Z-DD

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7 Exhibit EE-GG

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Sept. 3, 2010

Sept. 3, 2010

PACER
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

PACER
97

MINUTE ORDER referring case for settlement conference on 9/30/10. (MGC) (Entered: 09/08/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
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

PACER
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

PACER
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

Case Details

State / Territory: Washington

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 8, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Homeowners in a residential community that restricted residency to persons fifty-five years of age and older.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ryderwood Improvement and Service Association, Inc. (Ryderwood, Cowlitz), Private Entity/Person

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)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Family discrimination