Case: United States v. Town of Colorado City

3:12-cv-08123 | U.S. District Court for the District of Arizona

Filed Date: June 21, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 21, 2012, the United States Department of Justice filed this action against the town of Colorado City, Arizona, the city of Hildale, Utah, and utilities serving them. The lawsuit was filed under the Fair Housing Act Amendments (42 U.S.C. § 3601); Title III of the Civil Rights Act (42 U.S.C. § 2000b); and 42 U.S.C. § 14141. The DOJ sought declaratory and injunctive relief, claiming that the municipalities had unconstitutionally established a religion, and denied equal protection of the l…

On June 21, 2012, the United States Department of Justice filed this action against the town of Colorado City, Arizona, the city of Hildale, Utah, and utilities serving them. The lawsuit was filed under the Fair Housing Act Amendments (42 U.S.C. § 3601); Title III of the Civil Rights Act (42 U.S.C. § 2000b); and 42 U.S.C. § 14141. The DOJ sought declaratory and injunctive relief, claiming that the municipalities had unconstitutionally established a religion, and denied equal protection of the laws and use of public facilities on the basis of religion. Specifically, the DOJ alleged that the municipalities had become arms of the Fundamentalist Church of Jesus Christ of Latter-Day Saints ("FLDS") and had failed their duty to provide policing, housing, and utilities to non-members and former members of the FLDS. This was the DOJ's first lawsuit to include claims under both the Fair Housing Act and Section 14141, the federal statute that allows the Attorney General to address patterns or practices of police misconduct.

A religious and charitable trust called the United Effort Plan Trust (UEP Trust) owned much of the land in Colorado City and in Hildale, and was controlled until 2005 by the FLDS. Because a Utah court determined that the UEP Trust had violated its legal duties to the beneficiaries of the trust, the FLDS was removed as trustee, and a Special Fiduciary, not affiliated with the FLDS, was appointed in 2005.

The Special Fiduciary's repeated attempts to administer the trust for the benefit of non-FLDS and FLDS members were rebuffed by the Marshall's Office of the two municipalities. The legal rulings relating to property agreements had been ignored, and the Marshall's office began occupying UEP Trust land.

The DOJ alleged that the Marshall's Office refused to arrest FLDS members accused of assaulting or committing crimes against non-FLDS members, and also that the office arrested non-FLDS members without cause. The Marshall's Office was also accused of assisting in illegal evictions of non-FLDS members from UEP Trust-owned property, and of taking non-FLDS members' property without cause.

The municipal utilities were also implicated in the lawsuit. The DOJ alleged that water and electric service had been outright denied or unreasonably delayed to non-FLDS members. Some residents had been waiting on water or electric service since 2009.

Lastly, the municipalities were accused of denying non-FLDS members access to public parks and the city zoo. The Marshall's Office was accused of threatening non-FLDS members with arrest if they played in or otherwise used the park or zoo.

Three weeks after filing the complaint, the DOJ moved to transfer the matter to Judge James A. Teilbog, suggesting that the case was related to Cooke v. Colorado City, 3:10-cv-8105-PCT-JAT, which was pending before Judge Teilbog. Judge Teilbog denied the motion, which was filed in Cooke, because the DOJ's case might include factual and legal issues distinct from Cooke and because the cases were in different stages of litigation.

The defendants filed a motion to dismiss in August 2012, which the Court (Judge H. Russel Holland) denied on November 29, 2012, finding that the U.S. stated a plausible cause of action for its first two claims and dismissing its third, with leave to amend. 2012 WL 12842256.

On December 10, 2012, the court denied the defendants' motion for an order changing venue from the District of Arizona to the District of Utah. Considering the availability of witnesses, the burdens on the witnesses and the parties, the interest of justice, and the plaintiffs' preference for remaining in the District of Arizona, the court held that a transfer of venue was not appropriate. 2012 WL 12929901.

In March 2013, the defendants moved for judgment on the pleadings, contending the statute of limitations precluded the DOJ's Fair Housing Act claim. The court denied the motion on June 6, 2013, holding that the statutory period did not begin until a plaintiff had reasonable cause to believe the defendants had engaged in a practice of housing discrimination--the timing of that clock-starting point had yet to be determined.

The parties then engaged in extensive and contentious discovery. The court issued many rulings from 2013 to 2015 regarding evidence, including sanctions against the defendants for spoliation of evidence on July 28, 2014. 2014 WL 3724232 (D. Ariz. July 28, 2014).

In late 2014, the defendants moved for summary judgment regarding damages and the DOJ moved for partial summary judgment. On June 17, 2015, Judge Holland denied the DOJ's motion for partial summary judgment and granted in part the defendants' motion for summary judgment; he held that the DOJ was precluded from requesting FHA damages from any defendant on behalf of the aggrieved persons, should the DOJ prevail on its FHA claims in Count II. The court also dismissed the DOJ's claims against the power company. The defendants' motions were otherwise denied.

The case proceeded to trial before a jury, which lasted for 25 days in January-March 2016. On March 7, 2016, the jury returned a verdict finding that the towns of Colorado City, Arizona, and Hildale, Utah, and their joint water company systematically discriminated against individuals who were not members of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) in the provision of housing, utility and policing services in violation of the Fair Housing Act.

The jury also issued an advisory verdict on the DOJ's claims under Section 14141 of the Violent Crime Control and Law Enforcement Act. Because this statute (in contrast to the Fair Housing Act) did not include a right to a jury trial, the jury’s verdict as to the Section 14141 claim was advisory and could be considered by the court, but was not binding. In its advisory verdict, the jury found that the Colorado City Marshal’s Office (CCMO), the cities’ joint police department, operated as an arm of the FLDS church in violation of the establishment clause of the First Amendment; engaged in discriminatory policing in violation of the equal protection clause of the 14th Amendment and the establishment clause; and subjected individuals to unlawful stops, seizures and arrests in violation of the Fourth Amendment. Because these advisory findings were not binding, the 14141 claim remained under consideration by the district court, who would issue a ruling on whether the defendants engaged in these constitutional violations, and if so, what relief was appropriate. The court scheduled a non-jury evidentiary hearing for October 24, 2016, regarding the 14141 claim.

On April 18, 2016, the parties filed a settlement agreement that defendants would pay $1.6 million to resolve the monetary claim under the Fair Housing Act. The settlement agreement memorialized the settlement terms reached by the parties and presented to and approved by the court on March 7, 2016. The court issued an order officially approving the settlement agreement on April 19, 2016.

An evidentiary hearing was held on October 24 through 27, 2016, addressing the U.S.'s request for injunctive relief based on the Fair Housing Act violations and the jury's advisory findings with respect to policing. After receiving comments under seal from the parties about simplifying and facilitating implementation of injunctive relief, Judge Holland issued a Judgment and Decree Granting Injunctive Relief on April 18, 2017. The Court permanently enjoined the defendants from engaging in any conduct violating the Establishment Clause of the First Amendment, the Fourth Amendment, and the Equal Protection Clause of the Fourteenth Amendment.

Regarding policing practices, the Court required that the defendants do the following: hire a professional consultant in the field of policing; develop new policies and procedures for hiring new officers; conduct a wide-ranging search for candidates to fill two police officer positions (to be filled within six months); implement new policies and procedures for internal affairs investigations; conduct a comprehensive review of all CCMO policies and procedures; purchase body cameras for CCMO officers and implement a pilot program for their use; provide annual training to officers on the First, Fourth, and Fourteenth Amendments, state and federal Fair Housing Acts, landlord/tenant law, and trespass law; and hire a Mentor for the Chief Marshal.

Regarding fair housing practices, the Court enjoined defendants from violating the Fair Housing Act. Specifically, the injunction prohibited the defendants from making housing unavailable or denying housing opportunities to individuals because of their religion; discriminating in the terms, conditions, or privileges of housing rentals or sales; or coercing, intimidating, threatening, or interfering with a person in the exercise or enjoyment of a right granted by the Fair Housing Act.

Additionally, the Court called for the renewed discussions between the UEP Trust and Colorado City regarding approval of a subdivision plat; development of objective, uniform, and non-discriminatory policies and procedures to govern the operation of the defendants' building departments; amendments to the defendants' water services regulations; review of the defendants' culinary water impact fee; the development of publicly available internet websites for each municipality; in-person training on the requirements of this injunction and the policies, procedures, and regulations adopted in accordance with it; and the appointment of one or more monitors, who will review municipal decisions by the defendants implicating the Fair Housing Act, oversee implementation of all aspects and terms of the injunction, and issue written reports every 90 days. The injunctive relief was to remain in effect for ten years or until otherwise ordered by the Court.

On August 1, 2017, Judge Holland issued an order amending the decree granting injunctive relief with respect to training. The Court ordered that the Fair Housing Act training will be completed by August 16, 2017 by the Southwest Fair Housing Council. The Court further ordered that constitutional training was to be completed by September 15, 2017 (with was extended to September 25), and that training on policies and procedures was to be completed within 30 days after the last policy, procedure, regulation, or ordinance was adopted or amended.

On July 19, 2017, the defendants appealed the District Court's grant of a permanent injunction to the U.S. Court of Appeals for the Ninth Circuit. On June 7, 2018, the City of Hilldale withdrew its appeal. The remaining defendants' continued litigation. On August 26, 2019, the Ninth Circuit issued an opinion affirming the district court. They found that, "In holding that the Towns violated § 12601, the district court correctly interpreted the statute and did not err in admitting the statements of FLDS leaders. We need not address Colorado City’s arguments about the district court’s Fourth Amendment-related factual findings because, even if those arguments are correct, the error was harmless." 935 F.3d 804.

Monitor reports from 2018 indicated that there were no outstanding Fair Housing injunction requirements. Additionally, the police consultant's reports noted staffing changes in the marshal's office and progress in relationships between the marshal's office and other law enforcement agencies. On December 23, 2019, Judge Holland issued an order reducing the frequency of monitors' reports to two per year. On May 13, 2020 Judge Holland wrote a letter thanking the court monitor and police consultant and affirming that defendants were still in compliance with the injunction.

As of June 2020, monitors continue to submit reports as enforcement of the injunction continues.

Summary Authors

Blase Kearney (7/31/2012)

David Postel (2/7/2014)

Jessica Kincaid (4/22/2016)

Eva Richardson (3/12/2019)

Alex Moody (5/29/2020)

Jack Hibbard (6/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4133683/parties/united-states-v-colorado-city-town-of/


Judge(s)

Holland, Hezekiah Russel (Alaska)

Teilborg, James A. (Arizona)

Attorneys(s) for Plaintiff

Brett, Sharon (District of Columbia)

Clarke, Jessica (District of Columbia)

Crockett, Jessica Clarke (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gzifa, Anika (District of Columbia)

Hagler, Tamar (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Keveney, Sean R. (District of Columbia)

Judge(s)

Holland, Hezekiah Russel (Alaska)

Teilborg, James A. (Arizona)

Attorneys(s) for Plaintiff

Brett, Sharon (District of Columbia)

Clarke, Jessica (District of Columbia)

Crockett, Jessica Clarke (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Gzifa, Anika (District of Columbia)

Hagler, Tamar (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Keveney, Sean R. (District of Columbia)

Lopez, Christy (District of Columbia)

Majeed, Sameena Shina (District of Columbia)

Perez, Thomas E. (District of Columbia)

Porter, Forestine Nicole (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Ryals, Stephen (District of Columbia)

Sacks, Noah David (District of Columbia)

Savner, Emily (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Towt, Katharine Farrell (District of Columbia)

Treene, Eric W. (District of Columbia)

Wagner, Lori K. (District of Columbia)

Attorneys(s) for Defendant

Abke, Kathleen Josephine (Utah)

England, Melissa Jane (Arizona)

Gregson, Ashley M. (Utah)

Hamilton, R. Blake (Utah)

Hansen, J. Michael (Utah)

Kesselring, Christian August (Utah)

Matura, Jeffrey Charles (Arizona)

Sebastian, Asha (Arizona)

Stirba, Peter (Utah)

Other Attorney(s)

Bonewell, Rick D. (Utah)

Keenan, Jefferson Lee (Arizona)

Piccarreta, Michael L (Arizona)

Walker, William G (Arizona)

Expert/Monitor/Master

Carter, Roger (Utah)

Keith, Jim (Utah)

Documents in the Clearinghouse

Document

Docket [PACER]

United States v. Colorado City

May 14, 2020 Docket
1

Complaint

June 21, 2012 Complaint

Justice Department Files Lawsuit Against the Twin Cities of Colorado City, Arizona, and Hildale, Utah, and Local Utility Companies Alleging Religious Discrimination

[Town of Colorado City]

No Court

June 21, 2012 Press Release
35

Order (Denying U.S. Motion to Transfer Related Case)

Nov. 16, 2012 Order/Opinion
106

Order (Denying Defendants' Motion to Dismiss)

2013 WL 11826544

June 6, 2013 Order/Opinion

Order

2014 WL 3724232

July 28, 2014 Order/Opinion
556

Joint Status Report Concerning Altered Police Reports

Jan. 5, 2015 Pleading / Motion / Brief
577

Second Joint Status Report Concerning Altered Police Reports

United States v. City of Cleveland

Feb. 6, 2015 Pleading / Motion / Brief
607

Third Joint Status Report Concerning Altered Police Reports

March 20, 2015 Monitor/Expert/Receiver Report
618

Order

2015 WL 3774315

June 17, 2015 Order/Opinion

Resources

Title Description External URL

Justice Department Wins Religious Discrimination Lawsuit Against Colorado City, Arizona, and Hildale, Utah

March 7, 2016 https://www.justice.gov/opa/pr/justice-department-wins-religious-discrimination-lawsuit-against-colorado-city-arizona-and

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133683/united-states-v-colorado-city-town-of/

Last updated May 20, 2022, 2:44 a.m.

ECF Number Description Date Link
1

Complaint

1 Civil Cover Sheet

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June 21, 2012 PACER
2

Notice (Other)

June 21, 2012 PACER
3

New Case Opened

1 Magistrate Consent Form

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June 21, 2012 PACER
4

Agreement to Magistrate Judge Jurisdiction

July 5, 2012 PACER
5

Notice (Other)

1 Exhibit - motion filed in 3:10cv8105-JAT

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July 12, 2012 PACER
6

Election to Assign Case to District Judge

July 27, 2012 PACER
7

Add and Terminate Judges

July 27, 2012 PACER
8

Election to Assign Case to District Judge

July 27, 2012 PACER
9

Waiver of Service Executed

July 30, 2012 PACER
10

Waiver of Service Executed

July 31, 2012 PACER
11

Waiver of Service Executed

July 31, 2012 PACER
12

Waiver of Service Executed

July 31, 2012 PACER
13

Motion for Admission Pro Hac Vice

Aug. 1, 2012 PACER
14

Motion for Admission Pro Hac Vice

Aug. 1, 2012 PACER
15

Motion for Admission Pro Hac Vice

Aug. 1, 2012 PACER
16

Order on Motion for Admission Pro Hac Vice

Aug. 1, 2012 PACER
17

Notice of Waiver of Electronic Service

Aug. 3, 2012 PACER
18

Motion for Extension of Time

Aug. 15, 2012 PACER
19

Notice of Appearance

Aug. 22, 2012 PACER
20

Motion to Dismiss Case

1 Exhibit 1-3

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Aug. 27, 2012 RECAP
21

Motion to Dismiss Case

1 Exhibit A

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2 Exhibit B

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Aug. 27, 2012 PACER
22

Mail Returned

Aug. 27, 2012 PACER
23

Mail Returned

Aug. 27, 2012 PACER
25

NOTICE re Filing Response to United States' Motion to Transfer Related Case by Colorado City, Town of . (Matura, Jeffrey) (Entered: 09/10/2012)

Sept. 10, 2012
35

ORDER the United States' Motion to Transfer Related Case (doc. 275 in CV-10-8105) is denied. The Clerk of the Court shall file a copy of this Order in CV-12-8123-PCT-HRH and CV-10-8105-PCT-JAT. Signed by Judge James A Teilborg on 11/16/12. (TLJ)

Nov. 17, 2012 RECAP
323

ORDER Plaintiff's motion 296 for an order declaring certain matters admitted is denied. Plaintiff's alternative motion compelling defendant Colorado City to respond more fully to plaintiff's first and third requests for admissions is granted. Signed by Judge H Russel Holland on 3/31/2014.(KMG)

March 31, 2014 RECAP
26

RESPONSE in Opposition re 20 MOTION to Dismiss Case and Motion For More Definite Statement on Count One MOTION for More Definite Statement filed by United States of America. (Keveney, Sean) (Entered: 09/13/2012)

Sept. 13, 2012
426

ORDER Plaintiff's motion 357 to compel is granted in part and denied in part. Colorado City is compelled to provide supplemental responses as set out above on or before August 1, 2014. To the extent that Colorado City is claiming privilege as to any of the discovery requests that are the subject of the instant motion, it must file a privilege log on or before August 1, 2014, or the privilege will be deemed waived. Although the close of fact discovery in this case is currently July 31, 201 4, and although the court previously warned the parties that an extension of this deadline would likely not be granted, the court will extend the close of fact discovery until August 25, 2014 in order to give plaintiff time to review the supplement r esponses and to file any necessary motions. If the parties believe any other discovery deadlines should be extended as a result of the extension of fact discovery, they may file a proposed schedule for the court's consideration. Signed by Judge H Russel Holland on 7/11/2014.(KMG)

July 11, 2014 RECAP
27

RESPONSE in Opposition re 21 MOTION to Dismiss Case or in the Alternative for a More Definite Statement MOTION for More Definite Statement filed by United States of America. (Keveney, Sean) (Entered: 09/13/2012)

Sept. 13, 2012
28

ORDER granting the 18 Motion for Extension of Time − Like motions to transfer have been filed in both this case and Judge Teilborg's case (CV 10−8105−PCT−JAT). Pursuant to L.R. Civ. 42.1(b), the motion for transfer will be taken up "by the district judge assigned the lowest case number." Accordingly, Judge Teilborg will decide the pending motion for transfer of Judge Holland's case. In consideration of the foregoing, further proceedings in this case will be held in abeyance, by which the court means: (a) Development of currently pending motions in this case shall continue as usual; and (b) Judge Holland will take no action on currently pending motions until a decision by Judge Teilborg as to the motion to transfer. Signed by Judge H Russel Holland on 9/17/2012.(KMG) (Entered: 09/17/2012)

Sept. 17, 2012
438

ORDER that plaintiff's 353 Motion for Sanctions is granted as to plaintiffs' first request, with which Colorado City has already complied, and as to the second request but is denied as to the third and fourth requests. Colorado City shall provide plaintiff with the list of altered police reports and how they were altered, or copies of the unaltered reports, on or before August 18, 2014. Signed by Judge H Russel Holland on 7/28/2014.(LFIG)

July 28, 2014 RECAP
29

NOTICE re of filing by United States of America . (Attachments: # 1 Exhibit United States' Reply)(Wagner, Lori) (Entered: 09/20/2012)

Sept. 20, 2012
519

ORDER Plaintiff's motion 469 to strike the Hildale defendants' categorical witness disclosures 73, 77-78, and 80-82 is granted. The Hildale defendants may not call as witnesses at trial any of the persons named in connection with foregoing numbered categorical witness disclosures as set out in the second amended final witness list of August 7, 2014 451 . Signed by Judge H Russel Holland on 10/27/2014.(KMG)

Oct. 27, 2014 RECAP
520

ORDER - The motion 471 to compel the United Effort Plan Trust to produce documents in response to Hildale's subpoena is denied. Signed by Judge H Russel Holland on 10/27/2014.(KMG)

Oct. 27, 2014 RECAP
30

REPLY to Response to Motion re 20 MOTION to Dismiss Case and Motion For More Definite Statement on Count One MOTION for More Definite Statement filed by Colorado City, Town of. (Matura, Jeffrey) (Entered: 09/24/2012)

Sept. 24, 2012
31

REPLY to Response to Motion re 21 MOTION to Dismiss Case or in the Alternative for a More Definite Statement MOTION for More Definite Statement filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 09/24/2012)

Sept. 24, 2012
521

ORDER The motion to compel 472 production of documents is denied as to the Arizona Attorney General's criminal division and granted as to the Arizona Attorney General's civil division. Arizona's motion 478 to quash subpoena is denied. Signed by Judge H Russel Holland on 10/27/2014.(KMG)

Oct. 27, 2014 RECAP
522

ORDER The defendants' joint motion to strike 493 is denied. Plaintiff's motion 470 to compel is granted. Defendants shall produce for plaintiff the minutes of the executive sessions of their respective councils and boards which took pl ace between January 1, 2005, and the present. Each of the defendants shall provide plaintiff with a privilege log as to any minutes or portions of minutes or attachments thereto which are not produced based upon the attorney-client or work product privileges. Production shall be accomplished on or before November 17, 2014. Signed by Judge H Russel Holland on 10/27/2014.(KMG)

Oct. 27, 2014 RECAP
32

*Joinder re 24 MOTION to Change Venue/Transfer Case to District of Utah by Defendant Colorado City, Town of. (Matura, Jeffrey) *Modified to correct event "Joinder" on 9/27/2012 (KMG). (Entered: 09/26/2012)

Sept. 26, 2012
523

ORDER Plaintiff's motion to compel 473 is granted. Plaintiff may re-notice Officer Cooke's deposition. Officer Cooke shall attend the deposition and answer the questions to which he previously took exception as well as related follow-up questions. Signed by Judge H Russel Holland on 10/28/2014.(KMG)

Oct. 28, 2014 RECAP
33

*RESPONSE to Motion re 32 MOTION for Joinder re 24 MOTION to Change Venue/Transfer Case to District of Utah , 24 MOTION to Change Venue/Transfer Case to District of Utah filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wagner, Lori) *Document is not in compliance with LRCiv 7.1(c) − text searchability; Attorney notified on 9/28/2012 (KMG). (Entered: 09/27/2012)

Sept. 27, 2012
34

REPLY to Response to Motion re 24 MOTION to Change Venue/Transfer Case to District of Utah filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A−Plaintiff−Intervenor State of Arizona's 11th Supplemental Disclosure Statement)(Hamilton, R) (Entered: 10/08/2012)

Oct. 8, 2012
524

ORDER Plaintiff's motion to compel 474 is granted. Plaintiff may re-notice Mr. Steed's deposition. Mr. Steed shall attend the deposition and answer the questions to which he previously took exception, as well as related follow-up questions. Signed by Judge H Russel Holland on 10/28/2014.(KMG)

Oct. 28, 2014 RECAP
541

MOTION for Partial Summary Judgment by United States of America. (Crockett, Jessica) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
542

STATEMENT of Facts re: 541 MOTION for Partial Summary Judgment by Plaintiff United States of America. (Crockett, Jessica) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
36

ORDER FROM CHAMBERS − The court is prepared to take up the motions of defendants City of Hildale, Utah, Twin City Power, and Twin City Water Authority (collectively the "Hildale Defendants") and defendant Town of Colorado City, Arizona, for a change of venue. (Docket Nos. 24 and 32 .) Oral argument has been requested. Ordinarily, the court would not hear oral argument on motions such as these; however, in light of the following, oral argument will be scheduled.

Nov. 20, 2012
38

ORDER denying 21 Hildale's Motion to Dismiss as to first and second causes of action and granted as to plaintiff's third cause of action, with leave to amend on or before December 21, 2012. Hildale's Motion for More Definite Statement 21 is denied. Signed by Judge H Russel Holland on 11/29/12.(SJF) (Entered: 11/29/2012)

Nov. 29, 2012
543

NOTICE of Service of Discovery filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 12/22/2014)

Dec. 22, 2014 PACER
544

MOTION for Summary Judgment on Count I and Motion for Partial Summary Judgment on Count II Regarding Damages by Colorado City, Town of. (Matura, Jeffrey) (Entered: 12/22/2014)

Dec. 22, 2014 RECAP
39

ORDER: The City's motion for a more definite statement is denied as to plaintiff's first and second causes of action. The City's motion to dismiss is denied as to plaintiff's second cause of action and is granted as to plaintiff's third cause of action, with leave to amend. Signed by Judge H Russel Holland on 11/29/12.(SJF) (Entered: 11/29/2012)

Nov. 29, 2012
545

STATEMENT of Facts re: 544 MOTION for Summary Judgment on Count I and Motion for Partial Summary Judgment on Count II Regarding Damages by Defendant Colorado City, Town of. (Attachments: # 1 Exhibit 1-13)(Matura, Jeffrey) (Entered: 12/22/2014)

1 Exhibit 1-13

View on RECAP

Dec. 22, 2014 RECAP
40

Minute Entry. Proceedings held before Judge H Russel Holland: Motion Hearing held on 11/30/2012, Motions Taken Under Advisement: 24 MOTION to Change Venue/Transfer Case to District of Utah. (ECRO Denali Elmore.)(LAD) (Entered: 11/30/2012)

Nov. 30, 2012
546

MOTION to Seal Document by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Text of Proposed Order)(Hamilton, R) (Entered: 12/22/2014)

1 Text of Proposed Order

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Dec. 22, 2014 PACER
41

ORDER the 24 Motion to Change Venue is denied as to all of the defendants. Signed by Judge H Russel Holland on 12/7/2012.(KMG) (Entered: 12/10/2012)

Dec. 10, 2012
42

Town of Colorado City, Arizona's ANSWER to 1 Complaint by Colorado City, Town of.(Matura, Jeffrey) (Entered: 12/13/2012)

Dec. 13, 2012
547

*FILED at Doc. 551 - SEALED LODGED Proposed The Deposition of William Jessop. Document to be filed by Clerk if 546 Motion or Stipulation to Seal is granted. Filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) *Modified to link to Motion to Seal on 12/23/2014 (SSU). Modified on 12/24/2014 (REW). (Entered: 12/22/2014)

Dec. 22, 2014 PACER
548

MOTION for Partial Summary Judgment and Memorandum in Support Thereof by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 12/22/2014)

Dec. 22, 2014 PACER
43

DEFENDANT'S DEMAND for Jury Trial by Colorado City, Town of. (Matura, Jeffrey) (Entered: 12/13/2012)

Dec. 13, 2012
549

STATEMENT of Facts re: 548 MOTION for Partial Summary Judgment and Memorandum in Support Thereof by Defendants Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A; Amended Judgment, # 2 Exhibit B, Articles, # 3 Exhibit C, Agreement, # 4 Exhibit D, Application of Dissolution, # 5 Exhibit E, Amended Articles, # 6 Exhibit F, Operation Agreement, # 7 Exhibit G, Resolution, # 8 Exhibit H, Joint Resolution, # 9 Exhibit I, Initial Disclosures, # 10 Exhibit J, Docket, # 11 Exhibit K, Cookes' Notice, # 12 Exhibit L, Joint Response, # 13 Exhibit M, Deposition of Jesseca Jessop, # 14 Exhibit O, Deposition of Ron Rohbock, # 15 Exhibit P, Deposition of Jerold Williams, # 16 Exhibit Q, Transcript of Isaac Wyler, # 17 Exhibit R, Deposition of Dan Wayman, # 18 Exhibit S, Deposition of Ron Chatwin)(Hamilton, R) (Entered: 12/22/2014)

1 Exhibit A; Amended Judgment

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2 Exhibit B, Articles

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3 Exhibit C, Agreement

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4 Exhibit D, Application of Dissolution

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5 Exhibit E, Amended Articles

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6 Exhibit F, Operation Agreement

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7 Exhibit G, Resolution

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8 Exhibit H, Joint Resolution

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9 Exhibit I, Initial Disclosures

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10 Exhibit J, Docket

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11 Exhibit K, Cookes' Notice

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12 Exhibit L, Joint Response

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13 Exhibit M, Deposition of Jesseca Jessop

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14 Exhibit O, Deposition of Ron Rohbock

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15 Exhibit P, Deposition of Jerold Williams

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16 Exhibit Q, Transcript of Isaac Wyler

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17 Exhibit R, Deposition of Dan Wayman

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18 Exhibit S, Deposition of Ron Chatwin

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Dec. 22, 2014 PACER
44

ANSWER to 1 Complaint with Jury Demand by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated.(Hamilton, R) (Entered: 12/13/2012)

Dec. 13, 2012
550

MINUTE ORDER from the Chambers of Judge H Russel Holland. The Hildale Defendants' motion to seal 546 Exhibit "N" to their statement of facts is granted.(REW) (Entered: 12/24/2014)

Dec. 24, 2014 PACER
45

ORDER FROM CHAMBERS Pursuant to Rules 16(b) and 26(f), Federal Rules of Civil Procedure, and Local Rule 16.2, counsel for all parties shall conduct a preliminary scheduling conference within 14 days from service of this order for purposes of jointly completing a scheduling and planning report. The report should conform to the attached form. The court is in the process of making this form available on the District of Arizona web page. It may not be available for purposes of this case. Within 21 days from service of this order, counsel for plaintiff shall serve and file the parties' report with the court. The court will employ the report for purposes of entering a scheduling and planning order. (KMG) (Entered: 12/19/2012)

Dec. 19, 2012
46

NOTICE re United States' Claim Under 42 U.S.C. § 2000b by United States of America . (Gzifa, Anika) (Entered: 12/21/2012)

Dec. 21, 2012
551

Sealed EXHIBIT N to Statement of Facts 549 filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (REW) (Entered: 12/24/2014)

Dec. 24, 2014 PACER
47

REPORT of Rule 26(f) Planning Meeting by United States of America. (Donnelly, Matthew) (Entered: 01/09/2013)

Jan. 9, 2013
552

*NOTICE OF APPEAL (INTERLOCUTORY) to 9th Circuit Court of Appeals re: 523 Order on Motion to Compel by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. Filing fee received: $ 505.00, receipt number 0970-11197456. (Attachments: # 1 Exhibit)(Hamilton, R) *Modified to correct event on 1/5/2015 (KMG). (Entered: 12/29/2014)

1 Exhibit

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Dec. 29, 2014 PACER
553

*NOTICE OF APPEAL (INTERLOCUTORY) to 9th Circuit Court of Appeals re: 524 Order on Motion to Compel by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. Filing fee received: $ 505.00, receipt number 0970-11197610. (Attachments: # 1 Exhibit)(Hamilton, R) *Modified to correct event on 1/5/2015 (KMG). (Entered: 12/29/2014)

1 Exhibit

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Dec. 29, 2014 PACER
48

SCHEDULING AND PLANNING ORDER: Discovery due by 1/31/2014. Dispositive motions due by 3/17/2014. Signed by Judge H Russel Holland on 1/15/2013. (Note: See PDF for full details.)(KMG) (Entered: 01/16/2013)

Jan. 16, 2013
554

USCA Case Number re: 552 Notice of Appeal. Case number 14-17560, Ninth Circuit Court of Appeals. (LAD) (distributed by the Ninth Circuit) (Entered: 12/31/2014)

Dec. 31, 2014 PACER
555

USCA Case Number re: 553 Notice of Appeal. Case number 14-17561, Ninth Circuit Court of Appeals. (LAD) (distributed by the Ninth Circuit) (Entered: 12/31/2014)

Dec. 31, 2014 PACER
556

STATUS REPORT Concerning Altered Police Reports by United States of America. (Attachments: # 1 Exhibit 1-5)(Keveney, Sean) (Entered: 01/05/2015)

1 Exhibit 1-5

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Jan. 5, 2015 PACER
557

TRANSCRIPT REQUEST by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated for proceedings held on September 17, 2013, Judge H Russel Holland hearing judge(s). (Hamilton, R) (Entered: 01/12/2015)

Jan. 12, 2015 PACER
558

ORDER FROM CHAMBERS: Plaintiff and Colorado City will please provide the Court with an updated status report on or before February 6, 2015. (LFIG) (Entered: 01/16/2015)

Jan. 16, 2015 PACER
559

RESPONSE to Motion re: 548 MOTION for Partial Summary Judgment and Memorandum in Support Thereof filed by United States of America. (Attachments: # 1 Statement of Facts, # 2 Exhibit A-W)(Keveney, Sean) (Entered: 01/26/2015)

1 Statement of Facts

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2 Exhibit A-W

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Jan. 26, 2015 RECAP
560

RESPONSE to Motion re: 541 MOTION for Partial Summary Judgment filed by Colorado City, Town of. (Matura, Jeffrey) (Entered: 01/26/2015)

Jan. 26, 2015 RECAP
561

STATEMENT of Facts re: 560 Response to Motion for Partial Summary Judgment Controverting Statement of Facts to the United States' Motion for Partial Summary Judgment Based on Collateral Estoppel and Separate Statement of Facts to Support Response to the United States' Motion for Partial Summary Judgment by Defendant Colorado City, Town of. (Matura, Jeffrey) (Entered: 01/26/2015)

Jan. 26, 2015 RECAP
562

RESPONSE to Motion re: 541 MOTION for Partial Summary Judgment Based on Collateral Estoppel filed by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 01/26/2015)

Jan. 26, 2015 RECAP
563

STATEMENT of Hildale Defendants' Controverting Statement of Facts to the US Statement of Facts in Support of Motion for Pratial Summary Judgment and Separate Statement of Facts to Support Response to Motion for Partial Summary Judgment re: 562 Response to Motion for Partial Summary Judgment by Defendants Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hamilton, R) (Entered: 01/26/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Jan. 26, 2015 RECAP
564

RESPONSE to Motion re: 544 MOTION for Summary Judgment on Count I and Motion for Partial Summary Judgment on Count II Regarding Damages filed by United States of America. (Donnelly, Matthew) (Entered: 01/26/2015)

Jan. 26, 2015 RECAP
565

STATEMENT of Controverting and Additional Statement of Facts in Opposition re: 564 Response to Motion for Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Exhibit 1-30, # 2 Exhibit 31-45)(Donnelly, Matthew) (Entered: 01/27/2015)

1 Exhibit 1-30

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2 Exhibit 31-45

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Jan. 27, 2015 PACER
567

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing re: Court's Decision Proceedings for date of 09/17/2013 before Judge H. Russel Holland re: 553 Notice of Appeal, 552 Notice of Appeal. (Transcriber: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/29/2015. (RAP) (Entered: 02/05/2015)

Jan. 29, 2015 PACER
566

NOTICE of Service of Discovery filed by Colorado City, Town of. (Matura, Jeffrey) (Entered: 02/03/2015)

Feb. 3, 2015 PACER
568

MOTION in Limine re: to Preclude Expert Testimony and Opinions from Joseph DeLopez Regarding Ultimate Issues and Disbandment by Colorado City, Town of. (Attachments: # 1 Exhibit 1 and 2, # 2 Text of Proposed Order)(Matura, Jeffrey) (Entered: 02/05/2015)

1 Exhibit 1 and 2

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2 Text of Proposed Order

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Feb. 5, 2015 PACER
569

MOTION in Limine re: To Preclude Expert Testimony of Jack Harris by Colorado City, Town of. (Attachments: # 1 Exhibit 1 and 2, # 2 Text of Proposed Order)(Matura, Jeffrey) (Entered: 02/05/2015)

1 Exhibit 1 and 2

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2 Text of Proposed Order

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Feb. 5, 2015 PACER
570

MOTION in Limine re: To Preclude Expert Testimony of David Weller by Colorado City, Town of. (Attachments: # 1 Exhibit 1 and 2, # 2 Text of Proposed Order)(Matura, Jeffrey) (Entered: 02/05/2015)

1 Exhibit 1 and 2

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2 Text of Proposed Order

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Feb. 5, 2015 PACER
571

MOTION in Limine re: To Exclude Expert Testimony of David Komm by United States of America. (Attachments: # 1 Exhibit A - Hildale Ordinance 2010-01, # 2 Exhibit B - Defendants' Joint Expert Disclosure, # 3 Exhibit C - Renstrom's Report, # 4 Exhibit D - Komm's Deposition, # 5 Exhibit E - Komm's CV, # 6 Exhibit F - Komm's Report, # 7 Exhibit G - Customer Metered Usage Data, # 8 Text of Proposed Order)(Crockett, Jessica) (Entered: 02/05/2015)

1 Exhibit A - Hildale Ordinance 2010-01

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2 Exhibit B - Defendants' Joint Expert Disclosure

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3 Exhibit C - Renstrom's Report

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4 Exhibit D - Komm's Deposition

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5 Exhibit E - Komm's CV

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6 Exhibit F - Komm's Report

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7 Exhibit G - Customer Metered Usage Data

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8 Text of Proposed Order

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Feb. 5, 2015 PACER
572

Joinder re: 569 MOTION in Limine re: To Preclude Expert Testimony of Jack Harris, 568 MOTION in Limine re: to Preclude Expert Testimony and Opinions from Joseph DeLopez Regarding Ultimate Issues and Disbandment, 570 MOTION in Limine re: To Preclude Expert Testimony of David Weller by Defendants Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 02/05/2015)

Feb. 5, 2015 PACER
573

MOTION in Limine re: Exclude Testimony of Proposed Expert Witness Spiers by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Hamilton, R) (Entered: 02/05/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Text of Proposed Order

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Feb. 5, 2015 PACER
574

MOTION in Limine re: To Exclude Testimony of Proposed Expert Witnessess Stephenson and Mann by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Hamilton, R) (Entered: 02/05/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Text of Proposed Order

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Feb. 5, 2015 PACER
575

MOTION in Limine re: To Exclude Testimony of Proposed Expert Witness LoManto by Hildale, City of, Twin City Power, Twin City Water Authority Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Hamilton, R) (Entered: 02/05/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Text of Proposed Order

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Feb. 5, 2015 PACER
576

Joinder re: 574 MOTION in Limine re: To Exclude Testimony of Proposed Expert Witnessess Stephenson and Mann, 575 MOTION in Limine re: To Exclude Testimony of Proposed Expert Witness LoManto, 573 MOTION in Limine re: Exclude Testimony of Proposed Expert Witness Spiers by Defendant Colorado City, Town of. (Matura, Jeffrey) (Entered: 02/06/2015)

Feb. 6, 2015 PACER
577

STATUS REPORT by United States of America. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5)(Keveney, Sean) (Entered: 02/06/2015)

1 Exhibit 1-4

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2 Exhibit 5

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Feb. 6, 2015 PACER
578

ORDER - Police Report Production re: 577 Report - Status. The Town shall proceed with In-Synch Systems to ascertain: (1)When the defect was introduced into the Town's software program for police reports; (2)Whether or not that defect will in fact preclude recovery of the missing police report data; (3) When the defect was cured; and (4)If the defect was cured prior to January 26, 2013, can In-Synch Systems recover unaltered police report data entered between January 26 and April 23, 2013? The Town will please cause the foregoing to be accomplished within 30 days from the date of this order. Upon receipt of In-Synch Systems" report as to the foregoing, the parties shall confer and provide the court with a further joint status report with respect to the altered police reports. Signed by Judge H Russel Holland on 2/11/2015. (See Order for complete details.)(KMG) (Entered: 02/11/2015)

Feb. 11, 2015 PACER
579

REPLY to Response to Motion re: 541 MOTION for Partial Summary Judgment filed by United States of America. (Crockett, Jessica) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
580

*RESPONSE to 563 Separate Statement in Support of Motion for Partial Summary Judgment by Plaintiff United States of America. (Attachments: # 1 Exhibit 1 - closing arguments, # 2 Exhibit 2 - P. Barlow, # 3 Exhibit 3 - I. Wyler, # 4 Exhibit 4 - R. Holm, # 5 Exhibit 5 - J. Barlow, # 6 Exhibit 6 - A. Chatwin, # 7 Exhibit 7 - S. Johnson, # 8 Exhibit 8 - H. Barlow, # 9 Exhibit 9 - W. Jessop)(Crockett, Jessica) *Modified to correct text on 2/17/2015 (KMG). (Entered: 02/13/2015)

1 Exhibit 1 - closing arguments

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2 Exhibit 2 - P. Barlow

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3 Exhibit 3 - I. Wyler

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4 Exhibit 4 - R. Holm

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5 Exhibit 5 - J. Barlow

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6 Exhibit 6 - A. Chatwin

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7 Exhibit 7 - S. Johnson

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8 Exhibit 8 - H. Barlow

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9 Exhibit 9 - W. Jessop

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Feb. 13, 2015 PACER
605

ORDER The Hildale Defendants' motion in limine 574 for the exclusion of expert testimony by Mann and Stephenson is granted for violation of Rule 26(a)(2)(B). In consideration of the foregoing, the court need not address the parties' other arguments. Signed by Judge H Russel Holland on 3/17/2015.(KMG)

March 17, 2015 RECAP
618

ORDER denying 541 Plaintiff's Motion for Partial Summary Judgment and granting in part and denying in part 544 Colorado City's Motion for Summary Judgment. The motion is granted as to plaintiff's request for Count II damages on behalf of Isaac Wyler, Willie R. Jessop, and Ross and Lori Chatwin. Plaintiff is precluded from requesting FHA damages from any defendant on behalf of these aggrieved persons, should plaintiff prevail on its FHA claims in Count II. Colorado City 's motion is otherwise denied. IT IS FURTHER ORDERED granting in part and denying in part 548 the Hildale defendants' Motion for Partial Summary Judgment. The motion is granted as to TCP. Plaintiff's claims against TCP are dismiss ed with prejudice. The motion is also granted as to plaintiff's request for FHA damages from TCWA on behalf of Dan Wayman. Plaintiff is precluded from seeking FHA damages from TCWA on behalf of Dan Wayman. The Hildale defendants' motion is otherwise denied. Signed by Judge H Russel Holland on 06/17/15. (ATD)

June 17, 2015 RECAP
642

ORDER re: Case Status: The court is in receipt of the parties' joint report concerning jury selection, 641 filed August 27, 2015. The jury for this case will be called from the northern counties of Arizona inasmuch as this case was filed as a Prescott case. The parties have agreed that the court will address juror requests to be excused dueto the expected length of trial in this case without first consulting the parties. See document for further details. Signed by Judge H Russel Holland on 09/02/2015. (REK) (Entered: 09/02/2015)

Sept. 2, 2015 RECAP
643

NOTICE OF ATTORNEY APPEARANCE: Emily M. Savner appearing for United States of America. Attorney Anika Gzifa and Lori K Wagner terminated. . (Crockett, Jessica) (Entered: 09/04/2015)

Sept. 4, 2015 PACER
644

NOTICE of Service of Discovery filed by Hildale, City of, Twin City Water Authority Incorporated. (Hamilton, R) (Entered: 09/09/2015)

Sept. 9, 2015 PACER

State / Territory: Arizona

Case Type(s):

Policing

Key Dates

Filing Date: June 21, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of Colorado City (Colorado City), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Equal Protection

Establishment Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,600,000

Order Duration: 2017 - 2027

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Training

Issues

General:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Disparate Treatment

Excessive force

False arrest

Incident/accident reporting & investigations

Religious programs / policies

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run

Non-government non-profit