Case: Velez v. Cisneros

2:90-cv-06449 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 5, 1990

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 5, 1990, residents of public housing complexes in Chester, PA filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the U.S. Department of Housing and Urban Development (HUD) and the Chester Housing Authority (CHA) under the federal public housing law, 42 U.S.C. § 1437. The plaintiffs, represented by legal aid and private attorneys, sought declaratory and injunctive relief. They claimed that the defendants violated federal housing…

On October 5, 1990, residents of public housing complexes in Chester, PA filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the U.S. Department of Housing and Urban Development (HUD) and the Chester Housing Authority (CHA) under the federal public housing law, 42 U.S.C. § 1437. The plaintiffs, represented by legal aid and private attorneys, sought declaratory and injunctive relief. They claimed that the defendants violated federal housing law, the Administrative Procedures Act, and civil rights laws, and that the defendants had breached HUD’s Annual Contributions Contract. Specifically, they claimed that CHA took action to demolish part of the Chester housing complex without meeting statutory criteria, that gross neglect and mismanagement resulted in "de facto demolition," and that failure to preserve the public housing units resulted in racially discriminatory treatment. The plaintiffs contended that the CHA developments were overcrowded and unsafe; the large number of uninhabitable vacant units had prevented overcrowded families from obtaining larger units and applicant families from obtaining units at all.

This summary includes less information than usual because many of the documents for this case were not available. The summary is based on opinions, the docket, and news articles.

On October 31, 1990, the plaintiffs filed an amended complaint and on December 3, 1990, CHA and their executive director moved to dismiss the action for lack of subject-matter jurisdiction and for failure to state a claim. The plaintiffs responded to the defendants’ motion on December 13, 1990. On January 4, 1991, HUD moved to dismiss the case as well.

On March 1, 1991, Judge Norma Shapiro ordered with the consent of all parties that defendants would not enter into any contracts for the demolition of the William Penn Project, a complex managed by CHA, and or relocation of utility services prior to March 13, 1991.

Then, on March 13, 1991, the court denied without prejudice plaintiff’s motion for class certification and dismissed the complaint against CHA’s executive director. On the same day, the court denied HUD’s motion to dismiss. Further, the court set a deadline for an amended complaint.

On March 29, 1991, plaintiffs filed a Second Amended Complaint seeking declaratory and injunctive relief for alleged violations of federal housing law, the Administrative Procedures Act, civil rights laws, and breach of HUD’s Annual Contributions Contract. The plaintiffs filed another motion for class certification, moving under Rule 23(b)(2) to certify a class of “all current and future tenants of and applicants for admission to public housing owned and operated by Defendant Chester Housing Authority.” In April 1991, the defendants filed answers to the Seconded Amended Complaint.

The court placed the case in administrative suspense and, on August 6, 1991, appointed a mediator to resolve the dispute. Yet negotiations between the parties failed and the court vacated the mediation order on December 11, 1991.

On October 25, 1991, the plaintiffs moved for a preliminary injunction on grounds that the dangerous conditions threatened the lives, health, and safety of the tenants. On November 12, HUD filed a brief opposing the injunction. The court held a hearing on the motion for a preliminary injunction on November 20, 1991. Discovery proceeded into December.

On January 9, 1992, the court ordered that the plaintiff’s preliminary injunction motion was withdrawn in accordance with statements regarding eviction and rent collection. HUD had recently assumed control of CHA, designated a Troubled Housing Authority. HUD contracted with a professional management firm to manage CHA to remedy the problems. Additionally, the court placed the case on administrative suspense until October 9, 1992 so parties could complete fact finding and reach a settlement and give new management a chance to improve conditions.

During this time, defendants conducted a Needs Assessment, prepared a plan according to the requirements of HUD’s Comprehensive Grant Program regulations and implemented a plan of reconstruction and restoration. The plaintiffs remained dissatisfied and opposed their hiring an executive director without adequate input from tenants and the City. On July 31, 1992, the plaintiffs moved to restore the case to active status and for a preliminary injunction to prevent the appointment of an executive director. On September 18, 1992, HUD filed its opposition this motion. Beginning that month, the court held hearings on the plaintiff’s motion. On November 19, 1992, the court granted plaintiffs motion to restore case to active status and denied the motion for a preliminary injunction to enjoin the appointment of an executive director.

On December 23, 1992, the defendants filed their opposition to plaintiff’s motion for class certification. The court granted the motion in part and denied it in part on February 17, 1993. 1993 WL 45989. The court found that counsel and class representatives were adequate to represent a class composed of the current tenants of public housing owned and operated by the CHA or HUD.

On April 12, 1993, HUD moved for a judgment on the pleadings which the court denied on April 15.

A bench trial began on May 3, 1993 and lasted until July 9, 1993. On April 29, 1994, Judge Shapiro issued findings of fact and conclusions of law. 850 F.Supp. 1257. The court found that the CHA and the executive director in her official capacity were liable for de facto demolition of the housing units at CHA; HUD was liable for de facto demolition at CHA as operators after November 6, 1991. The court concluded that the high number of vacancies at CHA before the HUD takeover on November 6, 1991, the policy not to rehabilitate vacant units for occupancy adopted after November 6, 1991, and vacancies during the planned modernization and phased reconstruction plans over the next four to five years constituted illegal de facto demolition by CHA.

The court dismissed as moot the allegation that CHA took action to demolish the housing units without meeting statutory criteria required by 24 U.S.C. §1437(p), because CHA withdrew proposed demolition after it received funds to invest in modernization of the project in September 1992. Further, the court dismissed the plaintiff’s claims under the Fair Housing Act and Title VI of the Civil Rights Act. The court dismissed the count that alleged a breach of the Annual Contributions Contract between CHA and HUD as the plaintiffs were not entitled to enforce its provisions against CHA as third party beneficiaries. Finally, the court denied HUD’s motion for judgment on the pleadings as moot.

The court ordered parties to submit proposed remedies on or before May 20, 1994. On May 20, 1994, the plaintiffs filed a memorandum in support of their proposed order for relief. In response, on May 27, HUD opposed their proposed order of relief and moved for reconsideration of their liability finding on June 9, 1994.

Then, on August 31, 1994, the court appointed a receiver, Robert Rosenberg, to the CHA, which the defendants had moved for with the plaintiff’s consent.

On October 7, 1994, the plaintiffs moved for approval of a settlement between HUD and the plaintiffs. On October 24, the court denied HUD’s motion for reconsideration of liability finding but granted their motion for partial reconsideration of the basis upon which the court premised its findings of liability against the federal government. The court found that the appointment of the receiver rendered this case moot. Accordingly, the court denied as moot the plaintiff’s motion for approval of settlement and the defendants’ motion to stay consideration of the plaintiff’s motion to approve settlement agreement.

On June 9, 1995, the court appointed a master for purpose of arbitrating disputes under CHA leases. On December 20, 1995, the court appointed magistrate judge Faith Angell as an alternative or substitute to the master for the purpose of arbitrating disputes.

In August 1996, the court granted contractors the right to proceed in contract claims against CHA. In May 1997, the court referred the case to the magistrate for a settlement conference regarding the contractors’ claims. On January 1, 1997, the court appointed a new special master regarding disputes under CHA leases.

In December 1997, individual tenants began applying for leave to file complaints against CHA.

On September 18, 2000, HUD moved to reduce compensation of court-appointed receiver. On June 12, 2002, the court granted the federal defendant’s motion to reduce compensation of court-appointed receiver in part and denied it in part. HUD had argued that the receiver’s success in the role reduced his responsibilities such that his pay was disproportionate to his duties. The court ordered the defendants to compensate the receiver at the same rate but eliminate extra expenses. 2002 WL 1292021.

The court ordered a continuance of the CHA receivership but changed the receiver’s status to Judicial Administrator for Development on March 31, 2005. In that order, the court appointed an Advisory Board of Commissioners and a CHA Executive Director.

On September 13, 2013, HUD filed a notice of appeal regarding a July 24, 2013 order granting CHA’s motion that it could include funding for the Chester Housing Police Force in its annual plan from funds pursuant to federal public housing law, §1437. USCA Case Number 13−3926. The parties reached a negotiated settlement regarding this matter. Accordingly, on October 15, 2013, the parties filed a joint motion to vacate the July 25 order. On October 17, 2013, the court ordered that the joint motion would be granted if the Court of Appeals remanded for that purpose. On November 13, 2013, the Third Circuit issued an order granting HUD’s unopposed October 18 motion to remand the matter so the trial court could grant the motion to vacate. On November 20, 2013, the court granted the parties’ joint motion to vacate that order pursuant to the terms of their negotiated settlement.

On October 11, 2013, the court appointed an alternate special master to preside over arbitration hearings and appointed Judge Phyllis Beck to preside over any appeals of dispositions filed by the special master.

The court released the CHA from federal receivership on December 31, 2014. The 2013 annual report informed this decision. The report demonstrated that the recent HUD inspections of CHA properties resulted in very high ratings, HUD had rated CHA’s Section 8 program highly, the CHA police department had significantly improved the safety and security of tenants, and the CHA Board of Commissioners received intensive training to add to their qualifications. The court also found that the Judicial Administrator performed in an excellent manner, the executive director had fulfilled his duties and requirements under all court orders, and that significant progress had been made to transform CHA into a functioning authority capable of providing decent, safe, and clean low-income housing to its tenants.

As part of that release, the court retained jurisdiction to enforce its terms and conditions related to an amended agreement ordered on June 14, 2014. There, the court had found that upon termination of the receivership, an amendatory agreement would be substituted in CHA’s dwelling lease. On August 11, 2014, the court provided for continued arbitration of claims relating to the interpretation, validity, or performance of that lease.

On January 26, 2018, the case was reassigned to Judge Cynthia Rufe. The case is ongoing.

Summary Authors

Lily Sawyer-Kaplan (6/12/2020)

People


Judge(s)

Rufe, Cynthia M. (Pennsylvania)

Shapiro, Norma Levy (Pennsylvania)

Attorneys(s) for Plaintiff

Arffa, Allan J. (New York)

Ashodian, Roger V. (Pennsylvania)

Clarick, Gregory A. (New York)

Doto, David Michael (Pennsylvania)

Fox, Lawrence J. (Pennsylvania)

Glasheen, Megan (District of Columbia)

Graham, Robert A (District of Columbia)

Heberle, Denise M. (Pennsylvania)

Judge(s)

Rufe, Cynthia M. (Pennsylvania)

Shapiro, Norma Levy (Pennsylvania)

Attorneys(s) for Plaintiff

Arffa, Allan J. (New York)

Ashodian, Roger V. (Pennsylvania)

Clarick, Gregory A. (New York)

Doto, David Michael (Pennsylvania)

Fox, Lawrence J. (Pennsylvania)

Glasheen, Megan (District of Columbia)

Graham, Robert A (District of Columbia)

Heberle, Denise M. (Pennsylvania)

Hladik, Stephen M. (Pennsylvania)

Huwaldt, Mary (Pennsylvania)

Jannetta, Nadia Myrytiuk (Pennsylvania)

Loftus, Patrick J. (Pennsylvania)

Lowe, Richard H. (Pennsylvania)

Markind, Lloyd S. (New Jersey)

Maxman, Melissa H. (District of Columbia)

Molt, Jane (Pennsylvania)

Morgan, Sharon Oras (Pennsylvania)

Mudge, Brian (District of Columbia)

Attorneys(s) for Defendant

Ashby, Ronald David (Pennsylvania)

Barrett, Patrick T. (Pennsylvania)

Baxter, Felix (District of Columbia)

Cohn, Debra Leanne Wrobel (Pennsylvania)

Crowley, Francis X. (Pennsylvania)

Eckell, Murray S. (Pennsylvania)

Gibson, Virginia A. (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Gomez, Raphael O. (District of Columbia)

Hanlon, Michael J. (Pennsylvania)

Hoffman, David R. (Pennsylvania)

Kentz, Anna B. Will (Pennsylvania)

Massey, James T. (Washington)

Phelan, Andrew C. (District of Columbia)

Romberg, Elaine (District of Columbia)

Sitcov, Michael (District of Columbia)

Subar, Judry S (District of Columbia)

Surkin, Ronald H. (Pennsylvania)

Weismann, Anne L (District of Columbia)

Yermish, Stephen N. (Pennsylvania)

Zissimos, Maria M. (Pennsylvania)

Other Attorney(s)

Avrigian, Mason (Pennsylvania)

Cohen, Roy S. (Pennsylvania)

Costa, Henry J (Pennsylvania)

Cush, Jean Love (Pennsylvania)

Dworkin, Lawrence R. (Pennsylvania)

Fylypovych, Andrew (Pennsylvania)

Herring, A. Martin (Pennsylvania)

Johnson, Clinton L. (Pennsylvania)

Malloy, Michael J. (Pennsylvania)

Phillips, Bruce L. (Pennsylvania)

Salvin, Robert F (Pennsylvania)

Seglias, Edward (Pennsylvania)

Seiwell, Robert T (Pennsylvania)

Sheridan, J. Michael (Pennsylvania)

Sullivan, Lee Ann (Pennsylvania)

Treiman, Janet L (Pennsylvania)

Windish, Leonard A. (Pennsylvania)

Expert/Monitor/Master

Rosenberg, Robert C (Pennsylvania)

Documents in the Clearinghouse

Document

2:90-cv-06449

Docket [PACER]

Velez v. Chester Housing Authority

March 1, 2018

March 1, 2018

Docket
120

2:90-cv-06449

Memorandum and Order

Velez v. Kemp

1993 WL 45989

Feb. 17, 1993

Feb. 17, 1993

Order/Opinion
191

2:90-cv-06449

Opinion

850 F.Supp. 1257

April 29, 1994

April 29, 1994

Order/Opinion
455

2:90-cv-06449

Memorandum and Order (re: receiver's compensation)

Velez v. Martinez

2002 WL 1292021

June 12, 2002

June 12, 2002

Order/Opinion
1053

2:90-cv-06449

Order

Velez v. Castro

Dec. 31, 2014

Dec. 31, 2014

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by PLAINTIFFS CARMILIA VELEZ AND HECTOR VELEZ TO PROCEED IN FORMA PAUPERIS . (kv) (Entered: 10/09/1990)

Oct. 5, 1990

Oct. 5, 1990

2

ORDER GRANTING [1−1] MOTION TO PROCEED IN FORMA PAUPERIS ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/12/90 ENTERED AND COPIES MAILED. (fe) Modified on 10/12/1990 (Entered: 10/12/1990)

Oct. 11, 1990

Oct. 11, 1990

Summons(es) issued Forwarded to: counsel 10/12/90 (fe) Modified on 10/12/1990 (Entered: 10/12/1990)

Oct. 11, 1990

Oct. 11, 1990

4

MOTION & ORDER APPOINTING GONZELLA HALES TO SERVE THE COMPLAINT AND SUMMONS UPON DEFENDANTS ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/12/90 ENTERED AND COPIES MAILED. (fe) Modified on 10/12/1990 (Entered: 10/12/1990)

Oct. 11, 1990

Oct. 11, 1990

5

MOTION BY ARNITA GREEN, CYNTHIA CHAPPELL, ET AL TO PROCEED IN FORMA PAUPERIS (Amended Complaint attached) (mc) Modified on 10/23/1990 (Entered: 10/23/1990)

Oct. 22, 1990

Oct. 22, 1990

6

ORDER GRANTING [5−1] MOTION TO PROCEED IN FORMA PAUPERIS ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/1/90 ENTERED AND COPIES MAILED. (mc) (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

7

Amended complaint by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ , amending [3−1] complaint (mc) (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

Summons(es) on amended complaint issued Forwarded to: mailed to counsel on 11/1/90 (mc) Modified on 11/01/1990 (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

8

Acknowledgement of service as to DEFENDANT EARLINE MANN, DEFENDANT THE CHESTER HOUSING, DEFENDANT ERNEST TROSINO 11/30/90 (kw) (Entered: 12/03/1990)

Dec. 3, 1990

Dec. 3, 1990

9

MOTION by DEFENDANT EARLINE MANN, DEFENDANT THE CHESTER HOUSING TO DISMISS CLASS ACTION , and FOR MORE DEFINITE STATEMENT UNDER RULE 12(e) , and TO STRIKE UNDER RULE 12(f) , and TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION , and TO DISMISS FOR FAILURE OF PLEADINGS TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED RULE 12(B)(6) MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 12/03/1990)

Dec. 3, 1990

Dec. 3, 1990

10

Plffs' Response to [9−1] MOTION TO DISMISS CLASS ACTION, [9−2] MOTION FOR MORE DEFINITE STATEMENT UNDER RULE 12(e), [9−3] MOTION TO STRIKE UNDER RULE 12(f), [9−4] MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, [9−5] MOTION TO DISMISS FOR FAILURE OF PLEADINGS TO STATE A CLAIM UPON RELIEF CAN BE GRANTED RULE 12(B)(6) (kw) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

11

MOTION by DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING TO DISMISS MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 01/07/1991)

Jan. 4, 1991

Jan. 4, 1991

12

MOTION by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ FOR CLASS CERTIFICATION MEMORANDUM, CERTIFICATE OF SERVICE. (jc) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

13

MOTION BY PLFFS TO EXTEND TIME TO FILE RESPONSE TO FEDERAL DEFTS'S MOTION TO DISMISS CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (kw) (Entered: 01/22/1991)

Jan. 22, 1991

Jan. 22, 1991

14

ORDER GRANTING [13−1] MOTION TO EXTEND TIME TO FILE RESPONSE TO FEDERAL DEFTS'S MOTION TO DISMISS, RESPONSE TO MOTION RESET TO 1/30/91 FOR [11−1] MOTION TO DISMISS ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 1/25/91 ENTERED AND COPIES MAILED. (kw) (Entered: 01/25/1991)

Jan. 24, 1991

Jan. 24, 1991

15

MOTION by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN RESPONSE TO DEFTS EARLINE MANN AND CHESTER HOUSING AUTHORITY MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

Jan. 28, 1991

Jan. 28, 1991

17

Response to by PLAINTIFFS [11−1] FEDERAL DEFTS' MOTION TO DISMISS. (kw) (Entered: 02/01/1991)

Jan. 30, 1991

Jan. 30, 1991

18

MOTION by DEFENDANT EARLINE MANN, DEFENDANT THE CHESTER HOUSING TO EXTEND TIME TO FILE A RESPONSIVE PLEADING TO PLFFS MOTION TO CERTIFY CLASS CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (mc) (Entered: 02/05/1991)

Feb. 4, 1991

Feb. 4, 1991

19

ORDER GRANTING [15−1] MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN RESPONSE TO DEFTS EARLINE MANN AND CHESTER HOUSING AUTHORITY MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/6/91 ENTERED AND COPIES MAILED. (mc) (Entered: 02/06/1991)

Feb. 6, 1991

Feb. 6, 1991

20

MOTION by DEFENDANT CHESTER HOUSING AUTH, DEFENDANT EARLINE MANN TO STAY PROCEEDINGS REGARDING THE PLFF'S MOTION FOR CLASS CERTIFICATION MEMORANDUM, CERTIFICATE OF SERVICE. (jmp) (Entered: 02/06/1991)

Feb. 6, 1991

Feb. 6, 1991

21

Correction to response to by PLFFS [11−1] FEDERAL DEFTS' MOTION TO DISMISS. (kw) (Entered: 02/07/1991)

Feb. 6, 1991

Feb. 6, 1991

22

ORDER THAT DEFTS EARLINE MANN & THE CHESTER HOUSING AUTHORITY FILE RESPONSIVE PLEADING RESPONSE TO MOTION RESET TO 2/6/91 FOR [12−1] MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/7/91 ENTERED AND COPIES MAILED. (kw) (Entered: 02/07/1991)

Feb. 6, 1991

Feb. 6, 1991

23

Reply Memorandum by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS [9−1] MOTION TO DISMISS CLASS ACTION (mc) (Entered: 02/07/1991)

Feb. 6, 1991

Feb. 6, 1991

24

ORDER THAT ORAL ARGUMENT ON ALL OUTSTANDING MOTIONS WILL BE HEARD MOTION HEARING SET FOR 2:00 P.M. ON 3/12/91, COURTROOM 10−A ; A PRELIMINARY PRETRIAL CONFERENCE WILL FOLLOW THE ARGUMENT, SET PRETRIAL CONFERENCE FOR 3/12/91 , ETC. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 2/8/91 ENTERED AND COPIES MAILED. (kw) (Entered: 02/08/1991)

Feb. 7, 1991

Feb. 7, 1991

25

MOTION by FEDERAL DEFENDANTS FOR LEAVE TO FILE REPLY BRIEF CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (kw) (Entered: 02/13/1991)

Feb. 12, 1991

Feb. 12, 1991

26

MOTION by DEFENDANT EARLINE MANN FOR PROTECTIVE ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (jmp) (Entered: 02/22/1991)

Feb. 21, 1991

Feb. 21, 1991

27

UNCONTESTED MOTION BY FEDERAL DEFENDANTS TO EXTEND TIME TO FILE REPLY BRIEF, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (kw) (Entered: 02/25/1991)

Feb. 22, 1991

Feb. 22, 1991

28

Reply Memorandum by FEDERAL DFTS in support of [11−1] MOTION TO DISMISS. (kw) (Entered: 02/28/1991)

Feb. 27, 1991

Feb. 27, 1991

29

Reply Memorandum by PLFFS in response to [26−1] MOTION FOR PROTECTIVE ORDER. (kw) (Entered: 02/28/1991)

Feb. 27, 1991

Feb. 27, 1991

31

ORDER THAT WITH THE CONSENT OF COUNSEL FOR ALL PARTIES, AND UPON THE REPRESENTATION BY COUNSEL FOR DEFTS THAT DEFTS WILL NOT ENTER INTO ANY CONTRACTS FOR THE DEMOLITION OF THE WILLIAM PENN PROJECT AND OR THE RELOCATION OF UTILITY SERVICES PRIOR TO MARCH 13,1991; GRANTING [26−1] MOTION FOR PROTECTIVE ORDER; THE DEPOSITION OF DEFT EARLINE MANN NOTICED FOR MARCH 1, 1991 IS CANCELLED; ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 03/04/91 ENTERED AND COPIES MAILED. (jc) (Entered: 03/04/1991)

March 1, 1991

March 1, 1991

Notice that Oral Argument is due for 3/12/91 (jc) Modified on 03/04/1991 (Entered: 03/04/1991)

March 1, 1991

March 1, 1991

32

ORDER GRANTING [25−1] MOTION FOR LEAVE TO FILE REPLY BRIEF, SETTING BRIEF DUE FOR 2/27/91 . ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/13/91 ENTERED AND COPIES MAILED. (kw) (Entered: 03/13/1991)

March 12, 1991

March 12, 1991

33

ORDER DENYING WITHOUT PREJUDICE [12−1] PLFFS' MOTION FOR CLASS CERTIFICATION; DENYING AS MOOT [16−1] FEDERAL DEFTS' MOTION FOR STAY OF PROCEEDINGS REGARDING PLFFS' MOTION FOR CLASS CERTIFICATION; DENYING AS MOOT [20−1] MOTION OF EARLINE MANN, ET AL TO STAY PROCEEDINGS REGARDING THE PLFF'S MOTION FOR CLASS CERTIFICATION ; COMPLAINT AS TO DEFT ERNEST TROSINO IS DISMISSED WITHOUT PREJUDICE; PLFFS SHALL FILE AN AMENDED COMPLAINT BY 3/29/91 AND SETTING MOTION FILING DEADLINE FOR 3/29/91 ; SETTING ANSWER DUE FOR 4/12/91 FOR DEFTS ; SETTING DISCOVERY DUE FOR 5/10/91 ; SETTING CONFERENCE FOR 4/8/91 . ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/14/91 ENTERED AND COPIES MAILED. (kw) (Entered: 03/14/1991)

March 13, 1991

March 13, 1991

34

ORDER DENYING [11−1] FEDERAL DEFTS' MOTION TO DISMISS; DENYING [9−1] MOTION OF EARLINE MANN, ET AL TO DISMISS CLASS ACTION; DENYING [9−2] MOTION OF EARLINE MANN, ET AL FOR MORE DEFINITE STATEMENT UNDER RULE 12(e); DENYING [9−3] MOTION OF EARLINE MANN, ET AL TO STRIKE UNDER RULE 12(f); DENYING [9−4] MOTION OF EARLINE MANN, ET AL TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; DENYING [9−5] MOTION OF EARLINE MANN, ET AL TO DISMISS FOR FAILURE OF PLEADINGS TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED RULE 12(B)(6). (SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/14/91 ENTERED AND COPIES MAILED. (kw) (Entered: 03/14/1991)

March 13, 1991

March 13, 1991

35

ORDER SETTING STATUS CONFERENCE FOR 4:00 P.M. ON 4/8/91 . (SIGNED BY JUDGE NORMA L. SHAPIRO ) 3/14/91 ENTERED AND COPIES MAILED. (kw) (Entered: 03/14/1991)

March 14, 1991

March 14, 1991

36

Plffs' second amended complaint, amending [7−1] amended complaint. (kw) Modified on 04/01/1991 (Entered: 04/01/1991)

March 29, 1991

March 29, 1991

37

MOTION BY PLFFS FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 04/01/1991)

March 29, 1991

March 29, 1991

38

STIPULATION AND ORDER THAT THE TERMS OF THE STIPULATION OF PARTIES EXECUTED IN THIS MATTER IS APPROVED AND ADOPTED AS AN ORDER OF THIS COURT (SIGNED BY JUDGE NORMA L. SHAPIRO) 4−10−91 ENTERED AND COPIES MAILED. (sj) (Entered: 04/10/1991)

April 9, 1991

April 9, 1991

39

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE UNTIL 5/1/91. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 04/10/91 ENTERED AND COPIES MAILED. (jmp) (Entered: 04/10/1991)

April 10, 1991

April 10, 1991

41

Answer by EARLINE MANN, THE CHESTER HOUSING to plff's second amended complaint. (kw) (Entered: 04/17/1991)

April 16, 1991

April 16, 1991

42

Stipulation of counsel re: certain facts. (gn) (Entered: 05/14/1991)

May 13, 1991

May 13, 1991

43

ORDER THAT THE TERMS OF STIPULATION NO. 2 EXECUTED ON 5/9/91 ARE APPROVED AND ADOPTED ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 5−14−91 ENTERED AND COPIES MAILED. (ajm) (Entered: 05/14/1991)

May 13, 1991

May 13, 1991

44

ORDER THAT THE HONORABLE WILLIAM M. MARUTANI IS APPOINTED MEDIATOR IN THIS ACTION. THE PURPOSES OF THE MEDIATION ARE TO PROMOTE DISCUSSION BETWEEN THE PARTIES, ASSIST THE PARTIES TO DEVELOP AND EXCHANGE PERTINENT INFORMATION AND DATA CONCERNING THE ISSUES IN THIS LAWSUIT, AND ENABLE THE PARTIES TO THE LAWSUIT TO ARRIVE AT A MUTUALLY ACCEPTABLE RESOLUTION OF THE CONTROVERSY ETC., THE MEDIATOR AND THE PARTIES SHALL ENGAGE IN THE MEDIATION UNTIL NOVEMBER 15, 1991 PROVIDED, HOWEVER THAT IF THE MEDIATOR CONCLUDES THAT HE CAN NO LONGER ASSIST THE PARTIES TO ARRIVE AT A RESOLUTION OF THEIR DIFFERENCES HE MAY AT ANY TIME APPLY FOR THE TERMINATION OF HIS APPOINTMENT ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 08/06/91 ENTERED AND COPIES MAILED. (jc) (Entered: 08/06/1991)

Aug. 6, 1991

Aug. 6, 1991

45

Appearance of ROGER V. ASHODIAN for PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS. (kw) (Entered: 10/28/1991)

Oct. 25, 1991

Oct. 25, 1991

46

MOTION BY PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS FOR PRELIMINARY INJUNCTION , BRIEF, CERTIFICATE OF SERVICE. (kw) (Entered: 10/28/1991)

Oct. 25, 1991

Oct. 25, 1991

47

ORDER, SETTING STATUS CONFERENCE & MOTION HEARING FOR 2:00 P.M. ON 11/15/91 FOR [46−1] MOTION FOR PRELIMINARY INJUNCTION . (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/7/91 ENTERED AND COPIES MAILED. (kw) (Entered: 11/07/1991)

Nov. 7, 1991

Nov. 7, 1991

48

Brief by DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING in opposition to [46−1] MOTION FOR PRELIMINARY INJUNCTION, Cert. of Service. (kw) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

49

MOTION BY DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING TO QUASH SUBPOENAS , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 11/15/1991)

Nov. 14, 1991

Nov. 14, 1991

50

MOTION BY DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING TO QUASH SUBPOENA , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

51

MOTION BY DEFENDANT CHESTER HOUSING AUTHORITY TO QUASH SUBPOENAS , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 11/18/1991)

Nov. 15, 1991

Nov. 15, 1991

52

Transcript of hearing held on 11/15/91. (kw) (Entered: 11/20/1991)

Nov. 20, 1991

Nov. 20, 1991

53

Brief by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS in opposition to [51−1] MOTION TO QUASH SUBPOENAS, Cert. of Service. (kw) (Entered: 11/21/1991)

Nov. 20, 1991

Nov. 20, 1991

54

Brief by PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS in opposition to [50−1] MOTION TO QUASH SUBPOENAS, Cert. of Service. (kw) (Entered: 11/21/1991)

Nov. 20, 1991

Nov. 20, 1991

55

ORDER THAT [49−1] & [50−1] DEFTS' MOTIONS TO QUASH SUBPOENA IS DEEMED WITHDRAWN. (SIGNED BY JUDGE NORMA L. SHAPIRO) 11/21/91 ENTERED AND COPIES MAILED. (kw) (Entered: 11/21/1991)

Nov. 20, 1991

Nov. 20, 1991

56

Minute entry: 11/15/91 Hearing on motion for preliminary injunction; Witnesses sworn. Court directs parties to submit additional information; Court will hold motion under advisement; another hearing would be scheduled. (kw) (Entered: 11/21/1991)

Nov. 20, 1991

Nov. 20, 1991

57

Reply by DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING AND URBAN DEVELOPMENT, DEFENDANT EARLINE MANN, DEFENDANT THE CHESTER HOUSING AUTHORITY to response to [51−1] MOTION TO QUASH SUBPOENAS, certificate of service. (fe) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

58

MOTION BY PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS FOR EXPEDITED DISCOVERY , BRIEF, CERTIFICATE OF SERVICE. (kw) (Entered: 12/10/1991)

Dec. 10, 1991

Dec. 10, 1991

59

Preliminary Injunction Hearing − Witness list by CARMILIA VELEZ, HECTOR VELEZ, ARNITA GREEN, CYNTHIA CHAPPELL, MARTHA SUDLER, GERTRUDE BLICK, DENISE COSBY, CATHERINE NIXON, GERALDINE HUDSON, CLARENCE PITTS, TANIA WILLIAMS, RHONDA LAMMONS, Cert. of Service. (kw) (Entered: 12/10/1991)

Dec. 10, 1991

Dec. 10, 1991

60

ORDER THAT COURT'S MEDIATION ORDER OF 8/6/91 IS HEREBY VACATED. GRANTING IN PART, DENYING IN PART [51−1] DEFTS' MOTION TO QUASH SUBPOENAS; GRANTING IN PART [58−1] PLFF'S MOTION FOR EXPEDITED DISCOVERY, ETC.; BY THE MORNING OF 1/6/92 PLFF SHALL SUBMIT TO THE COURT & COUNSEL A LIST OF GOVERNMENT WITNESSES PLFF WISHES TO DEPOSE IN PREPARATION FOR THE PRELIMINARY INJUNCTION HEARING SCHEDULED FOR 1/9 & 1/10/92. (SIGNED BY JUDGE NORMA L. SHAPIRO) 12/11/91 ENTERED AND COPIES MAILED. (kw) Modified on 12/11/1991 (Entered: 12/11/1991)

Dec. 11, 1991

Dec. 11, 1991

61

ORDER, SETTING A HEARING FOR 1/9/92 AT 10:00 A.M., ETC. (SIGNED BY JUDGE NORMA L. SHAPIRO) ENTERED AND COPIES MAILED. (kw) (Entered: 12/19/1991)

Dec. 19, 1991

Dec. 19, 1991

62

Transcript of hearing dated 12/10/91. (fe) (Entered: 12/23/1991)

Dec. 20, 1991

Dec. 20, 1991

63

Withdrawal of appearance of RONAD D. ASHBY & appearance of RONALD H. SURKIN, FRANCIS X. CROWLEY for DEFENDANT CHESTER HOUSING AUTHORITY, Cert. of Service. (kw) (Entered: 01/07/1992)

Jan. 6, 1992

Jan. 6, 1992

64

ORDER THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS WITHDRAWN WITHOUT PREJUDICE IN ACCORDANCE WITH THE STATEMENT REGARDING RENT COLLECTION AND EVICTION PROCEDURE ATTACHED TO THIS ORDER. IN VIEW OF THE PARTIES' AGREEMENT REGARDING THE TIME PERIOD REQUIRED TO CONDUCT A NEEDS ASSESSMENT, THIS ACTION IS HEREBY PLACED IN ADMINISTRATIVE SUSPENSE UNTIL 10/9/92. A STATUS CONFERENCE WILL BE HELD ON 10/5/92 AT 9:30 A.M. IN COURTROOM 10−A . ( BY JUDGE NORMA L. SHAPIRO ) 1/10/92 ENTERED AND COPIES MAILED. (fe) (Entered: 01/10/1992)

Jan. 9, 1992

Jan. 9, 1992

65

Minute entry: hearing dated 1/9/92 at 10:30 a.m. Counsel advise the court differences have been resolved. Counsel for plffs withdraws plffs' motion for preliminary injunction, etc. (fe) Modified on 01/10/1992 (Entered: 01/10/1992)

Jan. 9, 1992

Jan. 9, 1992

66

Transcript oh Hearing on 1/9/92. (fe) (Entered: 04/16/1992)

April 16, 1992

April 16, 1992

67

MOTION BY PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ, PLAINTIFF ARNITA GREEN, PLAINTIFF CYNTHIA CHAPPELL, PLAINTIFF MARTHA SUDLER, PLAINTIFF GERTRUDE BLICK, PLAINTIFF DENISE COSBY, PLAINTIFF CATHERINE NIXON, PLAINTIFF GERALDINE HUDSON, PLAINTIFF CLARENCE PITTS, PLAINTIFF TANIA WILLIAMS, PLAINTIFF RHONDA LAMMONS TO RESTORE CASE TO ACTIVE STATUS AND FOR PRELIMINARY INJUNCTION , NOTICE, BRIEF, CERTIFICATE OF SERVICE. (fe) (Entered: 08/03/1992)

July 31, 1992

July 31, 1992

68

STIPULATION AND ORDER THAT A HEARING ON PLAINTIFFS' MOTION TO RESTORE CASE TO ACTIVE STATUS, AND FOR PRELIMINARY INJUNCTION IS SCHEDULED ON 9/25/92 AT 9:00 AM . ( SIGNED BY JUDGE NORMA SHAPIRO ) 8/20/92 ENTERED AND COPIES MAILED. (fe) Modified on 08/20/1992 (Entered: 08/20/1992)

Aug. 19, 1992

Aug. 19, 1992

69

Brief by DEFENDANT THE CHESTER HOUSING in opposition to [67−2] MOTION FOR PRELIMINARY INJUNCTION, Certificate of Service. (fe) (Entered: 09/21/1992)

Sept. 18, 1992

Sept. 18, 1992

70

Brief by DEFENDANT JACK L. KEMP in opposition to [67−2] MOTION FOR PRELIMINARY INJUNCTION, Certificate of Service. (fe) (Entered: 09/21/1992)

Sept. 18, 1992

Sept. 18, 1992

71

Transcript of hearing before the Honorable Norma L. Shapiro on September 25, 1992. (jc) (Entered: 09/29/1992)

Sept. 28, 1992

Sept. 28, 1992

72

Minute entry re: oral argument on Plaintiff's Motion to remove the case from suspense. (jc) (Entered: 10/02/1992)

Oct. 1, 1992

Oct. 1, 1992

73

MOTION BY DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING, DEFENDANT EARLINE MANN, DEFENDANT THE CHESTER HOUSING IN LIMINE , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 10/05/1992)

Oct. 2, 1992

Oct. 2, 1992

74

ORDER THAT PLAINTIFF SHALL COMPLETED DISCOVERY BY 12/24/92. PRETRIAL MEMORANDA: PLAINTIFF−ON OR BEFORE 1/8/93; DEFENDANT−ON OR BEFORE 1/22/93. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 1/16/93 AT 4:30 P.M. THIS CASE IS SCHEDULED FOR TRIAL ON 1/17/93 AT 9:30 AM . ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/5/92 ENTERED AND COPIES MAILED. (fe) (Entered: 10/05/1992)

Oct. 5, 1992

Oct. 5, 1992

75

ORDER THAT THE DEADLINES SET FORTH IN THE COURT'S ORDER OF 10/4/92 ARE MODIFIED AS FOLLOWS: PLAINTIFFS SHALL SUPLEMENT ITS BRIEF ON ITS MOTION TO CERTIGY CLASS BY 10/6/92. DEFENDANTS SHALL FILE INTERROGATORIES ON PLAINTIFF'S MOTION TO CERTIFY CLASS BY 10/13/92. PLAINTIFF SHALL NOTIFY THE COURT UPON RECEIPT OF DEFENDANT'S BRIEF. ALL OTHER INSTRUCTIONS IN THE COURT'S ORDER OF 10/4/92 REMAIN IN EFFECT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/8/92 ENTERED AND COPIES MAILED. (fe) (Entered: 10/08/1992)

Oct. 7, 1992

Oct. 7, 1992

76

Transcript of Hearing on 10/5/92. (fe) (Entered: 10/08/1992)

Oct. 8, 1992

Oct. 8, 1992

77

Transcript of Hearing on 10/6/92. (fe) (Entered: 10/08/1992)

Oct. 8, 1992

Oct. 8, 1992

78

ORDER THAT EACH PARTY SHAL FILE A BRIEF ON THE LEGAL ISSUE OF WHETHER PENNSYLVANIA LAW GOVERNS HUD'S HIRING OF AN EXECUTIVE DIRECTOR BY 10/28/92 . ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 10/16/92 ENTERED AND COPIES MAILED. (fe) (Entered: 10/16/1992)

Oct. 15, 1992

Oct. 15, 1992

80

Transcript of motions hearing on 10/15/92. (fe) (Entered: 10/20/1992)

Oct. 19, 1992

Oct. 19, 1992

81

Minute entry: 10//5/92 Oral argument on plffs' outstanding motions. (kw) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

82

Minute entry: 10/6/92 Oral argument on plffs' outstanding motions continued from 10/5/92. (kw) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

83

Minute entry: 10/14/92 Oral argument on plffs' outstanding motions continued from 10/6/92. (kw) (Entered: 10/23/1992)

Oct. 22, 1992

Oct. 22, 1992

84

Memorandum of law by DEFENDANT CHESTER HOUSING AUTHORITY regarding the applicability of the Pennsylvania Civil Service System to the hiring of an Executive Director by Chester Housing Authority, Cert. of Service. (kw) (Entered: 10/29/1992)

Oct. 28, 1992

Oct. 28, 1992

85

Memorandum of DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING regarding the hiring of an Executive Director at the Chester Housing Authority, Cert. of Service. (kw) (Entered: 10/29/1992)

Oct. 28, 1992

Oct. 28, 1992

86

Minute entry: 11/2/92 Oral Argument on plffs' outstanding motions. Witnesses sworn. Court directs: motions continued under advisement; hearing to resume 11/5/92 at 9:30 a.m. (kw) (Entered: 11/06/1992)

Nov. 5, 1992

Nov. 5, 1992

87

Minute entry: 11/5/92 Oral Argument on plffs' outstanding motions. Court directs: motions continued under advisement; hearing to resume 11/10/92 at 11:00 a.m. (kw) (Entered: 11/06/1992)

Nov. 5, 1992

Nov. 5, 1992

88

Transcript of preliminary injunction hearing held on 11/2/92. (kw) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

89

Transcript of preliminary injunction hearing held on 11/5/92. (kw) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

90

Second Memorandum of FEDERAL DEFENDANTS regarding the hiring of an Executive Director at the Chester Housing Authority, Cert. of Service. (kw) (Entered: 11/13/1992)

Nov. 10, 1992

Nov. 10, 1992

91

ORDER GRANTING [67−1] MOTION TO RESTORE CASE TO ACTIVE STATUS DENYING [67−2] MOTION FOR PRELIMINARY INJUNCTION ETC. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 11/20/92 ENTERED AND COPIES MAILED. (ph) (Entered: 11/20/1992)

Nov. 19, 1992

Nov. 19, 1992

92

ORDER RESETTING SCHEDULING ORDER DEADLINES: DISCOVERY DEADLINE ON 12/24/92, WITH THE EXCEPTION OF ANY ADDITIONAL DISCOVERY CONDUCTED ON 1/4/93; DEFENDANTS SHALL FILE THIER BRIEF ON PLAINTIFF'S MOTION TO CERTIFY A CLASS BY 12/23/92; PLAINTIFF MAY FILE A REPLY BRIEF BY 2/4/93; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 1/18/93; DEFENDANT'S PRETRIAL MEMORANDUM DUE 2/1/93 , SETTING ANSWERS TO INTERROGATORIES DUE FOR 11/23/92 FOR PLAINTIFF TO RESPOND TO DEFENDANT'S INTERROGATORIES , SETTING CONFERENCE ON ORAL ARGUMENT ON PLAINTIFF'S MOTION TO CERTIFY A CLASS FOR 10:30 ON 2/5/93 , ETC. (SIGNED BY JUDGE L. SHAPIRO ) 11/20/92 ENTERED AND COPIES MAILED. (cd) Modified on 11/20/1992 (Entered: 11/20/1992)

Nov. 19, 1992

Nov. 19, 1992

93

Transcript dated 11/10/92. (fe) (Entered: 12/01/1992)

Nov. 30, 1992

Nov. 30, 1992

94

Transcript dated 11/13/92. (fe) (Entered: 12/01/1992)

Nov. 30, 1992

Nov. 30, 1992

95

Appearance of ANDREW C. PHELAN as co−counsel for DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING, certificate of service. (fe) (Entered: 12/02/1992)

Nov. 30, 1992

Nov. 30, 1992

96

Minute entry: 11/10/92 Oral Argument on plffs' outstanding motions, Witnesses sworn. (kw) Modified on 12/08/1992 (Entered: 12/08/1992)

Dec. 7, 1992

Dec. 7, 1992

98

ORDER THAT COURT'S ORDER OF 11/18/92 IS HEREBY MODIFIED SO THAT THE ONLY DISCOVERY PARTIES CONDUCT ON OR BEFORE 1/3/92 SHALL BE DISCOVERY ON CLASS CERTIFICATION. DISCOVERY ON THE MERITS SHALL AWAIT THE COURT'S FURTHER SCHEDULING. ALL OTHE PROVISIONS OF THE COURT'S ORDER OF 11/18/92 SHALL REMAIN IN EFFECT. ( SIGNED BY JUDGE NORMA L. SHAPIRO ) 12/16/92 ENTERED AND COPIES MAILED. (kw) (Entered: 12/16/1992)

Dec. 15, 1992

Dec. 15, 1992

99

MOTION BY PLAINTIFF CARMILIA VELEZ, PLAINTIFF HECTOR VELEZ FOR CONTINUANCE OF 2/17/93 TRIAL DATE AND RELATED PRETRIAL DEADLINES , BRIEF, CERTIFICATE OF SERVICE. (fe) (Entered: 12/21/1992)

Dec. 18, 1992

Dec. 18, 1992

100

Memorandum of law by DEFENDANT CHESTER HOUSING AUTHORITY in opposition to [37−1] MOTION FOR CLASS CERTIFICATION, Cert. of Service. (kw) (Entered: 12/28/1992)

Dec. 23, 1992

Dec. 23, 1992

101

Memorandum by DEFENDANT U.S. DEPT. HOUSING, DEFENDANT JACK L. KEMP in opposition to [37−1] MOTION FOR CLASS CERTIFICATION. (kw) (Entered: 12/28/1992)

Dec. 23, 1992

Dec. 23, 1992

102

Memorandum of law by DEFENDANT CHESTER HOUSING AUTH. in opposition to [99−1] MOTION FOR CONTINUANCE OF 2/17/93 TRIAL DATE AND RELATED PRETRIAL DEADLINES, Cert. of Service. (kw) (Entered: 12/31/1992)

Dec. 30, 1992

Dec. 30, 1992

103

Memorandum by DEFENDANT JACK L. KEMP, DEFENDANT U.S. DEPT. HOUSING in opposition to Plff's [99−1] MOTION FOR CONTINUANCE OF 2/17/93 TRIAL DATE AND RELATED PRETRIAL DEADLINES, Cert. of Service. (kw) (Entered: 12/31/1992)

Dec. 30, 1992

Dec. 30, 1992

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Housing

Special Collection(s):

Court-ordered receiverships

Key Dates

Filing Date: Oct. 5, 1990

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The class included “all current tenants of public housing owned and operated by Defendant Chester Housing Authority and the U.S. Department of Housing and Urban Development.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Housing and Urban Development (Washington), Federal

Chester Housing Authority, City

Defendant Type(s):

Housing Authority

Multi-family housing provider

Case Details

Causes of Action:

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

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - None

Content of Injunction:

Receivership

Preliminary relief denied

Issues

General:

Buildings

Housing

Sanitation / living conditions

Discrimination-basis:

Race discrimination

Type of Facility:

Government-run