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

3:08-cv-00546 | U.S. District Court for the Northern District of Texas

Filed Date: March 28, 2008

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On March 28, 2008, the Inclusive Communities Project, Inc. (ICP) - a Texas non-profit that helps integrate low-income black families into Dallas's predominately white suburban neighborhoods - filed this suit in the U.S. District Court for the Northern District of Texas against the Texas Department of Housing and Community Affairs (TDHCA) under 42 U.S.C. §§ 1982 and 1983, and the Fair Housing Act (FHA), 42 U.S.C. §§ 3604 and 3605. In its complaint, ICP, represented by private counsel, sought …

On March 28, 2008, the Inclusive Communities Project, Inc. (ICP) - a Texas non-profit that helps integrate low-income black families into Dallas's predominately white suburban neighborhoods - filed this suit in the U.S. District Court for the Northern District of Texas against the Texas Department of Housing and Community Affairs (TDHCA) under 42 U.S.C. §§ 1982 and 1983, and the Fair Housing Act (FHA), 42 U.S.C. §§ 3604 and 3605.

In its complaint, ICP, represented by private counsel, sought injunctive relief, alleging that the TDHCA allocated federal tax credits to housing developers in a discriminatory manner, disproportionately granting credits for development in minority neighborhoods and disproportionately denying credits for development in white neighborhoods, thereby perpetuating racially segregated communities by creating a concentration of subsidized low-income housing in minority areas.

ICP offered two theories of discrimination: disparate treatment under § 1982 and the Fourteenth Amendment's Equal Protection Clause, and disparate impact under the FHA. Disparate treatment requires that the plaintiff show discriminatory intent, whereas disparate impact allows a plaintiff to establish illegal discrimination by showing that seemingly race-neutral policies disproportionately harm racial minorities without adequate justification.

In September 2010, the District Court (Judge Sidney A. Fitzwater) denied the TDHCA's motions for summary judgment and judgment on the pleadings, and granted ICP partial summary judgment. The court concluded that ICP had standing to bring the suit and had made a sufficient initial showing of both disparate treatment and disparate impact discrimination. Inclusive Communities Project, Inc. v. Texas Dep't of Hous. & Cmty. Affairs, 749 F. Supp. 2d 486 (N.D. Tex. 2010).

The case then proceeded to trial. On March 20, 2012, Judge Fitzwater held that ICP failed to establish that the TDHCA had acted with discriminatory intent and thus found for the TDHCA on the disparate treatment claims. However, the court ruled in favor of ICP on its disparate impact claim under the FHA and imposed an injunction on the TDHCA. Inclusive Communities Project, Inc. v. Texas Dep't of Hous. & Cmty. Affairs, 860 F. Supp. 2d 312 (N.D. Tex. 2012).

Following trial, the court began to craft the injunction. It considered proposals from the parties and ultimately adopted a remedial plan in August 2012, which stipulated changes to the TDHCA's tax credit allocation process and provided for monitoring by the court for at least five years. Inclusive Communities Project, Inc. v. Texas Dep't of Hous. & Cmty. Affairs, 2012 WL 3201401 (N.D. Tex. Aug. 7, 2012), amended in part, 2012 WL 5458208 (N.D. Tex. Nov. 8, 2012). In February 2013, the court awarded ICP attorneys' fees and costs totaling $1,893,969.

The TDHCA appealed to the U.S. Court of Appeals for the Fifth Circuit on the issue of whether the District Court correctly found that ICP proved a violation of the FHA based on disparate impact. On March 24, 2014, the Fifth Circuit (Judge James E. Graves, Jr.) held that the District Court applied the wrong legal test for assessing disparate impact claims and remanded the case to the District Court for further proceedings under the correct test. Inclusive Communities Project, Inc. v. Texas Dep't of Hous. & Cmty. Affairs, 747 F.3d 275 (5th Cir. 2014). The Fifth Circuit's reversal also nullified the remedial plan, and vacated and remanded the award of attorneys' fees.

Following the ruling from the Fifth Circuit, the TDHCA sought Supreme Court review, which the Supreme Court granted on October 2, 2014. The TDHCA had sought review on two questions: whether disparate-impact claims are cognizable under the Fair Housing Act, altogether, and if they are, the appropriate standards. The Court limited its review to the former issue. The district court stayed proceedings until the Supreme Court's resolution.

On June 25, 2015, the Court affirmed the Fifth Circuit. In a majority decision by Justice Kennedy, the Court agreed that the Fair Housing Act encompassed disparate impact liability, but emphasized that liability followed only if the challenged policy or practice actually caused a racial disparity, not merely accompanied one. The Court emphasized, as well, that remedies should not themselves promote unduly racialized decision making. Justice Alito wrote the principal dissent, joined by the Chief Justice and Justices Scalia and Thomas; Justice Thomas also wrote a separate dissent. The Court remanded the case for further proceedings in light of its opinion. 135 S. Ct. 2507.

On remand, the district court decided that the plaintiff’s disparate impact claim should be decided on the current (or a supplemented) trial record. On August 26, 2016, Judge Fitzwater held that the plaintiff had not proved a prima facie case of discrimination by showing that a challenged practice caused a discriminatory effect and dismissed the disparate impact claim. The court applied a more onerous prima facie burden of proof than the one applied originally. 2016 WL 4494322.

On October 4, 2016, the court denied the plaintiff's motion for a new trial. The case is now closed.

Summary Authors

Robert Lake (6/12/2015)

Eva Richardson (1/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4390179/parties/the-inclusive-communities-project-inc-v-texas-department-of-housing-and/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Fitzwater, Sidney Allen (Texas)

Graves, James Earl Jr. (Mississippi)

Jones, Edith Hollan (Texas)

Kennedy, Anthony McLeod (District of Columbia)

Thomas, Clarence (District of Columbia)

Wiener, Jacques Loeb Jr. (Louisiana)

Attorneys(s) for Plaintiff

Beshara, Laura Beth (Texas)

Daniel, Michael M. (Texas)

Gair, David Cameron (Texas)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Fitzwater, Sidney Allen (Texas)

Graves, James Earl Jr. (Mississippi)

Jones, Edith Hollan (Texas)

Kennedy, Anthony McLeod (District of Columbia)

Thomas, Clarence (District of Columbia)

Wiener, Jacques Loeb Jr. (Louisiana)

Attorneys(s) for Plaintiff

Beshara, Laura Beth (Texas)

Daniel, Michael M. (Texas)

Gair, David Cameron (Texas)

Klusmann, Beth (Texas)

Rhodus, G. Thomas (Texas)

Attorneys(s) for Defendant

Bray, Timothy Earl (Texas)

Calaf, Maria Amelia (Texas)

Chaney, William B. (Texas)

Dahlberg, Shelley (Texas)

Eccles, James B. (Texas)

Juren, Nancy K. (Texas)

Keller, Scott A. (Texas)

Kelsheimer, Michael C. (Texas)

MacIntyre, James D. (Texas)

Mitchell, Jonathan F. (Texas)

Other Attorney(s)

Pennington, Janice (Texas)

Rosenthal, Brent M. (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

May 21, 2018 Docket
1

Complaint

March 28, 2008 Complaint
25

Memorandum Opinion and Order

2008 WL 5191935

Dec. 11, 2008 Order/Opinion
112

Memorandum Opinion and Order

749 F.Supp.2d 486

Sept. 28, 2010 Order/Opinion
146

Pretrial Order

Aug. 25, 2011 Order/Opinion
171

Order

Feb. 14, 2012 Order/Opinion
178

Memorandum Opinion and Order

860 F.Supp.2d 312

March 20, 2012 Order/Opinion
185

Memorandum Opinion and Order

2012 WL 2133667

June 12, 2012 Order/Opinion
193

Memorandum Opinion and Order

2012 WL 3201401

Aug. 7, 2012 Order/Opinion
194

Judgment

Aug. 7, 2012 Order/Opinion

Resources

Title Description External URL

Audio of argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

Oyez

The question presented in this case is whether disparate impact is cognizable under the Fair Housing Act. Jan. 21, 2015 http://www.oyez.org/cases/2010-2019/2014/2014_13_1371

There's No Place like Home: Reshaping Community Interventions and Policies to Eliminate Environmental Hazards and Improve Population Health for Low-Income and Minority Communities

Emily A. Benfer, Allyson E. Gold

In recent years, local governments across the country have passed crime free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many te… Jan. 1, 2018 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3006099

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390179/the-inclusive-communities-project-inc-v-texas-department-of-housing-and/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

March 28, 2008 PACER
2

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

March 28, 2008 PACER
3

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)

March 28, 2008 PACER
4

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

March 31, 2008 PACER
5

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

May 22, 2008 PACER
6

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)

May 22, 2008 PACER
7

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

June 24, 2008 PACER
8

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

June 24, 2008 PACER
9

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

June 24, 2008 PACER
10

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

June 24, 2008 PACER
11

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

June 24, 2008 PACER
12

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

June 24, 2008 PACER
13

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

June 24, 2008 PACER
14

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

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June 27, 2008 PACER
15

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)

July 1, 2008 PACER
16

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)

July 1, 2008 PACER
17

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)

July 2, 2008 PACER
18

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

July 17, 2008 PACER
19

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)

July 17, 2008 PACER
20

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)

July 31, 2008 PACER
21

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)

Aug. 5, 2008 PACER
22

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)

Aug. 27, 2008 PACER
23

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)

Aug. 27, 2008 PACER
24

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)

Aug. 28, 2008 PACER
25

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)

Dec. 11, 2008 RECAP
26

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)

March 11, 2009 PACER
27

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)

April 7, 2009 PACER
28

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

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June 12, 2009 PACER
29

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)

June 17, 2009 PACER
30

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)

June 17, 2009 PACER
31

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)

June 25, 2009 PACER
32

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)

June 25, 2009 PACER
33

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)

June 25, 2009 PACER
34

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)

June 25, 2009 PACER
35

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

June 26, 2009 PACER
36

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

June 26, 2009 PACER
37

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)

June 29, 2009 PACER
38

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

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3 Text of Proposed Order

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June 29, 2009 PACER
39

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)

June 29, 2009 PACER
40

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)

June 30, 2009 PACER
41

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)

July 1, 2009 PACER
42

***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)

July 7, 2009 PACER
43

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)

July 8, 2009 PACER
44

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)

July 8, 2009 PACER
45

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)

July 9, 2009 PACER
46

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)

July 13, 2009 PACER
47

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)

July 14, 2009 PACER
48

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)

July 15, 2009 PACER
49

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)

July 15, 2009 PACER
50

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)

July 15, 2009 PACER
51

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)

July 15, 2009 PACER
52

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)

July 15, 2009 PACER
53

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)

July 15, 2009 PACER
54

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)

July 15, 2009 PACER
55

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)

July 22, 2009 PACER
56

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)

July 23, 2009 PACER
57

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)

July 27, 2009 PACER
58

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

Aug. 3, 2009 PACER
59

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)

Aug. 4, 2009 PACER
60

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)

Aug. 13, 2009 PACER
61

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)

Aug. 14, 2009 PACER
62

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)

Aug. 14, 2009 PACER
63

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)

Aug. 14, 2009 PACER
64

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

Aug. 24, 2009 PACER
65

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

Oct. 2, 2009 PACER
66

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

Oct. 2, 2009 PACER
67

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

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3 Appendix Pages 81 - 105

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4 Appendix Pages 106 - 250

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5 Appendix Pages 251 - 782

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6 Appendix Pages 783 - 1475

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7 Appendix Pages 1476 - 1821

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Oct. 2, 2009 PACER
68

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)

Oct. 2, 2009 PACER
69

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)

Oct. 2, 2009 PACER
70

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)

Oct. 2, 2009 PACER
71

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

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3 Appendix Part 3

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4 Appendix Part 4

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Oct. 2, 2009 PACER
72

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)

Oct. 20, 2009 PACER
73

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

Oct. 22, 2009 PACER
74

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)

Oct. 22, 2009 PACER
75

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

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3 Appendix Pages 186-200

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4 Appendix Pages 201-213

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5 Appendix Pages 214-225

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6 Appendix Pages 226-317

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7 Appendix Pages 318-407

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Oct. 22, 2009 PACER
76

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)

Oct. 22, 2009 PACER
77

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

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3 Appendix appendix part 1

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4 Appendix appendix part 2

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5 Appendix appendix part 3

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6 Appendix appendix part 4

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7 Appendix appendix part 5

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8 Appendix appendix part 6

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9 Appendix appendix part 7

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Oct. 22, 2009 PACER
78

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)

Nov. 6, 2009 PACER
79

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

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Nov. 6, 2009 PACER
80

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

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Nov. 9, 2009 PACER
81

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)

Nov. 12, 2009 PACER
82

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)

Nov. 13, 2009 PACER
83

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

Nov. 20, 2009 PACER
84

***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)

Dec. 1, 2009 PACER
85

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

Dec. 1, 2009 PACER
86

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)

Dec. 2, 2009 PACER
87

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)

Dec. 7, 2009 PACER
88

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

Dec. 7, 2009 PACER
89

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)

Dec. 18, 2009 PACER
90

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)

Dec. 22, 2009 PACER
91

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

Dec. 23, 2009 PACER
92

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)

Dec. 24, 2009 PACER
93

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)

Dec. 30, 2009 PACER
94

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

Jan. 14, 2010 PACER
95

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)

Jan. 14, 2010 PACER
96

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)

Jan. 19, 2010 PACER
97

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

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Feb. 10, 2010 PACER
98

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)

Feb. 10, 2010 PACER
99

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)

March 15, 2010 PACER
100

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)

March 15, 2010 PACER

State / Territory: Texas

Case Type(s):

Public Housing

Key Dates

Filing Date: March 28, 2008

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Inclusive Communities Project, a Dallas-based fair housing and civil rights non-profit

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Department of Housing and Community Affairs, State

Defendant Type(s):

Housing Authority

Multi-family housing provider

Case Details

Causes of Action:

42 U.S.C. § 1983

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

42 U.S.C. § 1982

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Funding

Housing

Housing assistance

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Racial segregation

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run