Case: Inclusive Communities Project v. Texas Department of Housing and Community Affairs

Oyez

COMPLAINT against Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray filed by The Inclusive Communities Project Inc. (Filing fee $350; Receipt number 20522) (npk) (Entered: 03/31/2008)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Inclusive Communities Project Inc. (npk) (Entered: 03/31/2008)

Summons Issued as to Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (npk) (Entered: 03/31/2008)

Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 3/31/08) (npk) (Entered: 03/31/2008)

Unopposed Motion for Extension of Time to File Answer to Plaintiff's Original Complaint filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Attachments: # 1 Text of Proposed Order) (Bray, Timothy) (Entered: 05/22/2008)

2 Text of Proposed Order

View on PACER

ORDER granting 5 Motion for Extension of Time to File Answer. Texas Department of Housing and Community Affairs answer due 6/30/2008; Michael Gerber answer due 6/30/2008; Leslie Bingham-Escareno answer due 6/30/2008; Tomas Cardenas answer due 6/30/2008; C Kent Conine answer due 6/30/2008; Dionicio Vidal Flores answer due 6/30/2008; Juan Sanchez Munoz answer due 6/30/2008; Gloria L Ray answer due 6/30/2008. (Signed by Judge Sidney A Fitzwater on 5/22/08) (tln) (Entered: 05/22/2008)

WAIVER OF SERVICE Returned Executed as to Michael Gerber. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to Tomas Cardenas. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to Leslie Bingham-Escareno. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to Juan Sanchez Munoz. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to Gloria L Ray. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to Dionicio Vidal Flores. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

WAIVER OF SERVICE Returned Executed as to C Kent Conine. Waiver sent on 3/31/2008. (Daniel, Michael) (Entered: 06/24/2008)

MOTION to Dismiss filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Bray, Timothy) (Entered: 06/27/2008)

2 Text of Proposed Order

View on PACER

ORDER: On June 27, 2008 defendants filed an initial responsive pleading in this case but did not provide the clerk with a certificate of interested persons. Accordingly, no later than 20 days after this order is filed, defendants must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. (Signed by Judge Sidney A Fitzwater on 7/1/208) (axm) (Entered: 07/02/2008)

Order for Scheduling Order Proposal: Proposed Scheduling Order due by 7/31/2008. (Signed by Judge Sidney A Fitzwater on 7/1/2008) (axm) (Entered: 07/02/2008)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Bray, Timothy) (Entered: 07/02/2008)

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 14 MOTION to Dismiss (Daniel, Michael) (Entered: 07/17/2008)

Appendix in Support filed by The Inclusive Communities Project Inc re 18 Response in Opposition to Motion to Dismiss. (Daniel, Michael) Modified on 7/18/2008 (jyg). (Entered: 07/17/2008)

Joint Proposal for contents of scheduling and discovery order by The Inclusive Communities Project Inc, Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Daniel, Michael) Modified on 7/31/2008 (lmp). (Entered: 07/31/2008)

SCHEDULING ORDER: Joinder of Parties due by 12/1/2008. Amended Pleadings due by 6/1/2009. Discovery due by 7/1/2009. Status Report due by 7/1/2009. Motions due by 8/1/2009. The court will set the case for trial by separate order. (Signed by Judge Sidney A Fitzwater on 8/5/2008) (axm) (Entered: 08/05/2008)

MOTION for Leave to File Supplemental Brief In Opposition To Motion To Dismiss filed by The Inclusive Communities Project Inc (Daniel, Michael) (Entered: 08/27/2008)

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 14 MOTION to Dismiss. (Daniel, Michael) Modified on 8/29/2008 (tln). (Entered: 08/27/2008)

ORDER granting 22 Unopposed Motion for Leave to File Supplemental Brief and plaintiff's brief, filed prematurely on 8/27/2008 without leave of court, is deemed properly filed. (Signed by Judge Sidney A Fitzwater on 8/28/08) (jyg) (Entered: 08/28/2008)

Memorandum Opinion and Order denying 14 Defendants' Motion to Dismiss. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 12/11/2008) (axm) (Entered: 12/11/2008)

ANSWER to 1 Complaint, filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Bray, Timothy) (Entered: 03/11/2009)

TRIAL SETTING ORDER: Docket Call set on the court's two week docket beginning 2/1/2010 before Chief Judge Sidney A Fitzwater. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 04/07/09) (lmp) (Entered: 04/08/2009)

First MOTION to Amend/Correct Scheduling Order filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Attachments: # 1 Text of Proposed Order) (Bray, Timothy) (Entered: 06/12/2009)

2 Text of Proposed Order

View on PACER

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 28 First MOTION to Amend/Correct Scheduling Order (Daniel, Michael) (Entered: 06/17/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 29 Response in Opposition to Defendants' First Motion to Amend Scheduling Order (Daniel, Michael) (Entered: 06/17/2009)

MOTION to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 06/25/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 31 MOTION to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions (Daniel, Michael) (Entered: 06/25/2009)

MOTION to Compel Defendants' Answers to Plaintiff's Interrogatories filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 06/25/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 33 MOTION to Compel Defendants' Answers to Plaintiff's Interrogatories (Daniel, Michael) (Entered: 06/25/2009)

MOTION to Compel Production of Documents filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 06/26/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 35 MOTION to Compel Production of Documents (Daniel, Michael) (Entered: 06/26/2009)

ORDER REFERRING 31 Motion to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions filed by The Inclusive Communities Project Inc, 33 Motion to Compel filed by The Inclusive Communities Project Inc. Motion(s) referred to Magistrate Judge Irma C Ramirez. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 06/29/09) (lmp) (Entered: 06/29/2009)

MOTION for Protective Order filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order) (Bray, Timothy) Modified on 7/13/2009 (svc). (Entered: 06/29/2009)

2 Exhibit 1

View on PACER

3 Text of Proposed Order

View on PACER

ORDER OF REFERENCE REFERRING 35 Motion to Compel Production of Documents filed by The Inclusive Communities Project Inc. Motion(s) referred to Magistrate Judge Irma C Ramirez. (See Order) (Ordered by Chief Judge Sidney A Fitzwater on 6/29/09) (skt) (Entered: 06/30/2009)

ORDER: The parties to the instant dispute are ordered to meet face-to-face. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 6/30/2009) (axm) (Entered: 06/30/2009)

Joint Estimate of Trial Length and Report on Settlement Status filed by The Inclusive Communities Project Inc, Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Daniel, Michael) (Entered: 07/01/2009)

***VACATED per 7/10/09 ORDER*** ORDER granting 38 Motion for Protective Order. (see order for specifics) (Ordered by Chief Judge Sidney A Fitzwater on 7/7/09) (tln) Modified on 7/13/2009 (svc). (Entered: 07/08/2009)

MOTION to Set Aside 42 Order on Motion for Protective Order filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 07/08/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 43 MOTION to Set Aside 42 Order on Motion for Protective Order (Daniel, Michael) (Entered: 07/08/2009)

RESPONSE filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray re 43 MOTION to Set Aside 42 Order on Motion for Protective Order (Bray, Timothy) (Entered: 07/09/2009)

ORDER AND ORDER OF REFERENCE granting 42 Motion to Set Aside on Defendants' Motion for Protective Order. The Court refers 38 Motion for Protective Order to United States Magistrate Judge Irma Carrillo Ramirez for determination. (See Order for specifics) (Ordered by Chief Judge Sidney A Fitzwater on 7/13/09) (skt) (Entered: 07/13/2009)

ORDER: Defendant's Motion for Protective Order, filed June 29, 2009 (doc. 38), has been referred to this Court for hearing, if necessary, and for determination. The parties to the instant dispute are hereby ORDERED to meet face-to-face to fully confer on each of the items in dispute. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 07/14/09) (lmp) (Entered: 07/15/2009)

Joint Submission on Plaintiff's MOTION to Compel Defendants' Answers to Plaintiff's Interrogatories re 40 Order filed by The Inclusive Communities Project Inc, Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Daniel, Michael) Modified on 7/16/2009 (axm). (Entered: 07/15/2009)

Joint Submission Concerning Plaintiff's MOTION to Compel Production of Documents re 40 Order filed by The Inclusive Communities Project Inc, Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Daniel, Michael) (Entered: 07/15/2009)

Joint Submission on Plaintiff's Motion to Deem Requests for Admissions Admitted re 40 Order filed by The Inclusive Communities Project Inc, Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Daniel, Michael) Modified on 7/16/2009 (axm). (Entered: 07/15/2009)

AGREED ORDER CONCERNING PLAINTIFF'S 33 Motion to Compel Defendants' Answers to Plaintiff's Interrogatories. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 07/15/09) (lmp) Modified on 7/22/2009 (lmp). (Entered: 07/16/2009)

AGREED ORDER re 35 Motion to to Compel Production of Documents. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 07/15/09) (lmp) Modified on 7/22/2009 (lmp). (Entered: 07/16/2009)

AGREED ORDER on Plaintiffs Motion to Deem Requests for Admissions Admitted re 31 MOTION to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 07/15/09) (lmp) Modified on 7/22/2009 (lmp). (Entered: 07/16/2009)

ORDER: Set Deadlines as to 31 Motion to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions, 33 Motion to Compel, 35 Motion to Compel. Motion Hearing set for 7/22/2009 09:00 AM before Magistrate Judge Irma C Ramirez. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 07/15/09) (lmp) Modified on 7/22/2009 (lmp). (Entered: 07/16/2009)

ORDER granting in part 31 Motion to Determine Sufficiency of Answers to Plaintiff's Requests for Admissions; Granting in part 33 MOTION to Compel Defendants' Answers to Plaintiff's Interrogatories; granting 35 MOTION to Compel Production of Documents. All relief not expressly awarded herein is hereby denied. See Order (Ordered by Magistrate Judge Irma C Ramirez on 7/22/09) (svc) (Entered: 07/22/2009)

AGREED ORDER CONCERNING DEFENDANTS' MOTION FOR PROTECTIVE ORDER. (see order for specifics) (Ordered by Magistrate Judge Irma C Ramirez on 7/23/09) (tln) (Entered: 07/23/2009)

ORDER denying 28 First Motion to Amend Scheduling Order without prejudice. (See Order for specifics) (Ordered by Chief Judge Sidney A Fitzwater on 7/27/2009) (skt) (Entered: 07/27/2009)

MOTION to Extend Time Scheduling Order filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 08/03/2009)

Defendants' Statement of No Opposition to Plaintiff's 58 Motion for Amendment of Scheduling Order by Defendants Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Bray, Timothy) Modified on 8/5/2009 (skt). (Entered: 08/04/2009)

ORDER granting 58 Plaintiff's Motion for Amendment of Scheduling Order. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 8/13/2009) (klm) (Entered: 08/13/2009)

NOTICE of Appearance and Designation of Lead Counsel filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Bray, Timothy) (Entered: 08/14/2009)

NOTICE of Attorney Appearance by Michael C Kelsheimer for William B. Chaney, G. Tomas Rhodus on behalf of Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Kelsheimer, Michael) Modified on 8/17/2009 (tln). (Entered: 08/14/2009)

Supplemental MOTION to Amend/Correct Scheduling Order filed by Texas Department of Housing and Community Affairs, Gloria L Ray, Juan Sanchez Munoz, Michael Gerber, Dionicio Vidal Flores, C Kent Conine, Tomas Cardenas, Leslie Bingham-Escareno with Brief/Memorandum in Support. (Kelsheimer, Michael) Modified on 8/17/2009 (tln). (Entered: 08/14/2009)

RESPONSE filed by The Inclusive Communities Project Inc re 63 Supplemental MOTION to Amend/Correct Scheduling Order (Daniel, Michael) (Entered: 08/24/2009)

MOTION for Summary Judgment filed by The Inclusive Communities Project Inc (Daniel, Michael) (Entered: 10/02/2009)

Brief/Memorandum in Support filed by The Inclusive Communities Project Inc re 65 MOTION for Summary Judgment (Daniel, Michael) (Entered: 10/02/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 66 Brief/Memorandum in Support of Motion (Attachments: # 1 Appendix Pages 61 - 80, # 2 Appendix Pages 81 - 105, # 3 Appendix Pages 106 - 250, # 4 Appendix Pages 251 - 782, # 5 Appendix Pages 783 - 1475, # 6 Appendix Pages 1476 - 1821) (Daniel, Michael) (Entered: 10/02/2009)

2 Appendix Pages 61 - 80

View on PACER

3 Appendix Pages 81 - 105

View on PACER

4 Appendix Pages 106 - 250

View on PACER

5 Appendix Pages 251 - 782

View on PACER

6 Appendix Pages 783 - 1475

View on PACER

7 Appendix Pages 1476 - 1821

View on PACER

MOTION for Judgment on the pleadings filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (MacIntyre, James) (Entered: 10/02/2009)

Brief/Memorandum in Support filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray re 68 MOTION for Judgment on the pleadings (MacIntyre, James) (Entered: 10/02/2009)

MOTION for Summary Judgment filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray with Brief/Memorandum in Support. (MacIntyre, James) (Entered: 10/02/2009)

Appendix in Support filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray re 68 MOTION for Judgment on the pleadings, 70 MOTION for Summary Judgment (Attachments: # 1 Appendix Part 2, # 2 Appendix Part 3, # 3 Appendix Part 4) (MacIntyre, James) (Entered: 10/02/2009)

2 Appendix Part 2

View on PACER

3 Appendix Part 3

View on PACER

4 Appendix Part 4

View on PACER

ORDER granting 63 supplemental motion to amend scheduling order. Within 30 days of the date this memorandum opinion and order is filed, defendants may take the Fed. R. Civ. P. 30(b)(6) deposition of plaintiff Inclusive Communities Project, Inc. and designate expert witnesses and otherwise comply with Rule 26(a)(2) (Ordered by Chief Judge Sidney A Fitzwater on 10/20/09) (Chief Judge Sidney A Fitzwater) (Entered: 10/20/2009)

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 70 MOTION for Summary Judgment (Daniel, Michael) (Entered: 10/22/2009)

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 73 Response in Opposition Brief in Opposition to the Defendants' Motion for Summary Judgment (Daniel, Michael) (Entered: 10/22/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 74 Response in Opposition ICP's Appendix in Opposition to Defendants' Motion for Summary Judgment (Attachments: # 1 Appendix 128-185, # 2 Appendix Pages 186-200, # 3 Appendix Pages 201-213, # 4 Appendix Pages 214-225, # 5 Appendix Pages 226-317, # 6 Appendix Pages 318-407) (Daniel, Michael) (Entered: 10/22/2009)

2 Appendix 128-185

View on PACER

3 Appendix Pages 186-200

View on PACER

4 Appendix Pages 201-213

View on PACER

5 Appendix Pages 214-225

View on PACER

6 Appendix Pages 226-317

View on PACER

7 Appendix Pages 318-407

View on PACER

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 68 MOTION for Judgment on the pleadings ICP's Brief in Opposition to the Defendants' Motion for Judgment on the Pleadings (Daniel, Michael) (Entered: 10/22/2009)

RESPONSE to 65 Motion for Partial Summary Judgment filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray (Attachments: # 1 Appendix Appendix to Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment, # 2 Appendix appendix part 1, # 3 Appendix appendix part 2, # 4 Appendix appendix part 3, # 5 Appendix appendix part 4, # 6 Appendix appendix part 5, # 7 Appendix appendix part 6, # 8 Appendix appendix part 7) (Rhodus, G) (Entered: 10/22/2009)

2 Appendix Appendix to Defendants' Opposition to Plaintiffs' Motion for

View on PACER

3 Appendix appendix part 1

View on PACER

4 Appendix appendix part 2

View on PACER

5 Appendix appendix part 3

View on PACER

6 Appendix appendix part 4

View on PACER

7 Appendix appendix part 5

View on PACER

8 Appendix appendix part 6

View on PACER

9 Appendix appendix part 7

View on PACER

ICP'S REPLY BRIEF IN SUPPORT OF 65 MOTION for Summary Judgment filed by The Inclusive Communities Project Inc. (Daniel, Michael) Modified on 11/9/2009 (mfw). (Entered: 11/06/2009)

Defendants' REPLY to Plaintiff's Brief in Response to re: 68 MOTION for Judgment on the pleadings, 70 MOTION for Summary Judgment filed by Texas Department of Housing and Community Affairs (Attachments: # 1 Appendix Appendix to Defendants' Reply) (Rhodus, G) (Entered: 11/06/2009)

2 Appendix Appendix to Defendants' Reply

View on PACER

MOTION for Leave to File Supplemental Appendix on Issue of TDHCA Immunity filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Attachments: # 1 Appendix Plaintiff's Supplemental Appendix on Issue of TDHCA Immunity) (Daniel, Michael) (Entered: 11/09/2009)

2 Appendix Plaintiff's Supplemental Appendix on Issue of TDHCA Immunity

View on PACER

Unopposed MOTION Modify Deadlines Set in October 20, 2009 Memorandum Opinion and Order filed by Texas Department of Housing and Community Affairs, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Michael Gerber, Juan Sanchez Munoz, Gloria Ray. (Rhodus, G) (Entered: 11/12/2009)

ORDER granting 81 Unopposed MOTION Modify Deadlines Set in October 20, 2009 Memorandum Opinion and Order (see order for specifics). (Ordered by Chief Judge Sidney A Fitzwater on 11/13/09) (Chief Judge Sidney A Fitzwater) (Entered: 11/13/2009)

NOTICE of Withdrawal off 11th Amendment Claim filed by Texas Department of Housing and Community Affairs (Rhodus, G) (Entered: 11/20/2009)

***WITHDRAWN PER ORDER OF 12/22/09*** MOTION for Protective Order filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) Modified on 12/23/2009 (jrb). (Entered: 12/01/2009)

Appendix in Support filed by The Inclusive Communities Project Inc re 84 MOTION for Protective Order (Daniel, Michael) (Entered: 12/01/2009)

ORDER REFERRING 84 Motion for Protective Order filed by The Inclusive Communities Project Inc. Motion(s) referred to Magistrate Judge Irma C Ramirez. (Ordered by Chief Judge Sidney A Fitzwater on 12/2/2009) (mfw) (Entered: 12/02/2009)

ORDER setting deadlines as to 84 Motion for Protective Order. Responses due by 12/18/2009. Motion Hearing set for 12/22/2009 10:00 AM before Magistrate Judge Irma C Ramirez. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 12/7/2009) (tln) (Entered: 12/07/2009)

OBJECTION filed by Texas Department of Housing and Community Affairs re: 84 MOTION for Protective Order (Rhodus, G) (Entered: 12/07/2009)

NOTICE of Attorney Appearance by G Tomas Rhodus for David C. Gair on behalf of Texas Department of Housing and Community Affairs. (Rhodus, G) (Entered: 12/18/2009)

ORDER withdrawing 84 MOTION for Protective Order filed by The Inclusive Communities Project. See Order (Ordered by Magistrate Judge Irma C Ramirez on 12/22/2009) (svc) (Entered: 12/23/2009)

MOTION to Continue filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Daniel, Michael) (Entered: 12/23/2009)

RESPONSE filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray re: 91 MOTION to Continue (Rhodus, G) (Entered: 12/24/2009)

ORDER granting 91 Motion to Continue. Plaintiff's December 23, 2009 motion for a continuance, which defendants do not oppose, is granted, and this case is reset to the court's two-week civil docket of Monday, June 21, 2010. (Ordered by Chief Judge Sidney A Fitzwater on 12/30/2009) (Chief Judge Sidney A Fitzwater) (Entered: 12/30/2009)

Unopposed MOTION For Additional Briefing and Deposition Dates filed by The Inclusive Communities Project Inc (Daniel, Michael) (Entered: 01/14/2010)

ORDER granting 94 Inclusive Communities' Unopposed MotionFor Additional Briefing and Deposition Dates. (See order for specifics.) (Ordered by Chief Judge Sidney A Fitzwater on 1/14/2010) (Chief Judge Sidney A Fitzwater) (Entered: 01/14/2010)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Protective Order Proceedings held on Dec. 22, 2009 before Judge Irma Ramirez. Court Reporter/Transcriber Betty Tate, Telephone number 972-596-9442. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed.. Redaction Request due 2/12/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/22/2010. (Tate, Betty) (Entered: 01/19/2010)

Unopposed MOTION to Extend Time of Deadline for Deposition of Dr. Allan Parnell filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray. (Attachments: # 1 Exhibit Proposed Order) (Gair, David) Modified on 2/11/2010 (klm). (Entered: 02/10/2010)

2 Exhibit Proposed Order

View on PACER

ELECTRONIC ORDER granting 97 Motion to Extend Time. Dr. Parnell's deposition may be taken no later than February 19, 2010. (Ordered by Chief Judge Sidney A Fitzwater on 2/10/2010) (Chief Judge Sidney A Fitzwater) (Entered: 02/10/2010)

ELECTRONIC ORDER: The court approves the parties' agreement that defendants' brief submitted with their supplemental opposition is limited to 15 countable pages (i.e., pages exclusive of cover pages, tables of content, tables of authority, and appendixes). (Ordered by Chief Judge Sidney A Fitzwater on 3/15/2010) (Chief Judge Sidney A Fitzwater) (Entered: 03/15/2010)

RESPONSE filed by Texas Department of Housing and Community Affairs, Michael Gerber, Leslie Bingham-Escareno, Tomas Cardenas, C Kent Conine, Dionicio Vidal Flores, Juan Sanchez Munoz, Gloria L Ray re: 65 MOTION for Summary Judgment (Gair, David) (Entered: 03/15/2010)