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Case: Nozzi v. Housing Authority of the City of Los Angeles

2:07-cv-00380 | U.S. District Court for the Central District of California

Filed Date: Jan. 16, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 16, 2007, two recipients of federal benefits under the Section 8 Housing Voucher Program and a non-profit advocacy organization filed a lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued the Housing Authority of the City of Los Angeles (HACLA) under 42 U.S.C. § 1983. The case was assigned to Judge George H. Wu. The plaintiff, represented by private counsel, claimed that the Authority had violated due process by altering housing benefits to v…

On January 16, 2007, two recipients of federal benefits under the Section 8 Housing Voucher Program and a non-profit advocacy organization filed a lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued the Housing Authority of the City of Los Angeles (HACLA) under 42 U.S.C. § 1983. The case was assigned to Judge George H. Wu. The plaintiff, represented by private counsel, claimed that the Authority had violated due process by altering housing benefits to voucher recipients without adequate notice. The plaintiff claimed that HACLA violated six due process and federal regulations by failing to provide proper notice of Section 8 rent increases, which would affect approximately 22,000 tenants receiving federal benefits.

The Section 8 Housing Voucher Program was designed to aid low-income families in acquiring housing by subsidizing private landlords who rented to low-income tenants. In 2004, the defendant proposed cutting back on these federal subsidies in order to meet a federally-set budget. The changes were announced publicly, and would not take effect until April 2005. Individual tenants would not be subject to new regulations until their next annual evaluation, unless they moved before that time.

In November 2007, the court granted in part and denied in part a motion to dismiss. 2007 WL 9658205. Plaintiffs then filed a First Amended Complaint alleging violations of (1) due process of law under 42 U.S.C. § 1983, (2) rights created by 42 U.S.C. § 1437f, the Fair Housing Act (FHA), (3) Cal. Gov. Code § 815.6, (4) due process of law under Art. 1, § 7 of the California Constitution, and (5) negligence. The court dismissed the second and fifth claims and later granted defendants’ motion for summary judgment on the remaining claims. 2009 WL 10678033.

Plaintiffs appealed and Judge Percy Anderson of the Ninth Circuit Court of Appeals reversed the dismissal of the fifth claim and the grant of summary judgment on the first, third, and fourth claims. 425 Fed.Appx. 539. On remand, the district court granted HACLA’s renewed motion for summary judgment. The Ninth Circuit again reversed, holding that the flyer sent by HACLA did not provide sufficient notice of the voucher program change. Specifically, the court held that this “failure violated both the requirements of the Voucher Program and regulations and the requirements of procedural due process.” 806 F. 3d 1178. The matter was remanded but included instructions to the district court to enter summary judgment in favor of the plaintiffs on the matters of federal and state law at issue on appeal.

In November 2015, HACLA petitioned the Ninth Circuit for rehearing en banc which the court denied in January 2016. 806 F. 3d 1178. HACLA subsequently petitioned the Supreme Court for a writ of certiorari which was denied in October 2016. 137 S.Ct. 52.

Following remand, the court certified two classes: (1) an injunctive relief class and (2) a damages class. The Injunctive Relief Class consisted of all Section 8 voucher recipients whose benefits were administered by HACLA and who in the past received, or in the future may receive, notice of decreased benefits. The Damages Class consisted of HACLA Section 8 tenants, between June 1, 2005 and September 30, 2006, whose rental contribution was greater than it would have been if not for HACLA’s 2004 decrease in benefits. The Damages Class consisted of 11,870 tenants.

In February 2017, the parties filed cross-motions for partial summary judgment as to remedies. Before the court ruled on these motions, the parties filed a stipulation for settlement. On February 15, 2018, the court granted final approval of the settlement agreement. 2018 WL 1659984. The settlement included attorneys’ fees and other fees (approximately $3.5 million total), a $6 million fund for the damages class, a three-year injunction that required HACLA to:

  • Notify all Section 8 tenants in plain language of a known, likely, or potential reduction in benefits
  • Notify Class Counsel of any reduction in benefits
  • Communicate with all Section 8 tenants in plain language regarding anything related to the Settlement Agreement

In return for the injunction and monetary award, the plaintiffs agreed to release the defendant from all claims potentially arising out of the facts alleged in the complaint. The district court will retain jurisdiction over the settlement until 2021.

As of May 26, 2020, there has been no further docket activity.

Summary Authors

Asma Husain (11/2/2015)

Hope Brinn (5/26/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4143531/parties/michael-nozzi-v-housing-authority-of-the-city-of-los-angeles/


Judge(s)

Anderson, Percy (California)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Carroll, Stephanie Dominique (California)

Dunlevy, Patrick Mark (California)

Estuar, Paul J. (California)

Grunfeld, Daniel (California)

Kwoh, Stewart (California)

Litt, Barrett S. (California)

Rafti, Louis A (California)

Richardson, Anne K. (California)

Judge(s)

Anderson, Percy (California)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Carroll, Stephanie Dominique (California)

Dunlevy, Patrick Mark (California)

Estuar, Paul J. (California)

Grunfeld, Daniel (California)

Kwoh, Stewart (California)

Litt, Barrett S. (California)

Rafti, Louis A (California)

Richardson, Anne K. (California)

Su, Julie A (California)

Vera, Hernan D. (California)

Attorneys(s) for Defendant

Dveirin, Brant H. (California)

Jones, Heather Elayne (California)

Leung, Todd T. (California)

Li, Yangyang (California)

Pisano, Christopher M. (California)

Documents in the Clearinghouse

Document

2:07-cv-00380

Docket [PACER]

Feb. 15, 2018

Feb. 15, 2018

Docket
1

2:07-cv-00380

Class Action Complaint Demand for Jury Trial

Jan. 16, 2007

Jan. 16, 2007

Complaint
42

2:07-cv-00380

Proceedings: Hearing Re: Scheduling Conference; and Motions to Dismiss

April 30, 2007

April 30, 2007

Order/Opinion
49

2:07-cv-00380

First Amended Class Action Complaint Demand for Jury Trial

May 23, 2007

May 23, 2007

Complaint
63

2:07-cv-00380

Ruling on Defendants' Motion to Dismiss the Second and Fifth Causes of Action in the First Amended Class Action Complaint

Nov. 26, 2007

Nov. 26, 2007

Order/Opinion
90

2:07-cv-00380

Ruling on Cross-Motions for Summary Judgment

March 8, 2009

March 8, 2009

Order/Opinion
94

2:07-cv-00380

Judgment in Favor of Defendants

March 25, 2009

March 25, 2009

Order/Opinion
132

2:07-cv-00380

09-55588

Mandate and Memorandum

U. S. Court of Appeals for the Ninth Circuit

May 23, 2011

May 23, 2011

Order/Opinion
49

2:07-cv-00380

13-56223

Opinion

U. S. Court of Appeals for the Ninth Circuit

Nov. 30, 2015

Nov. 30, 2015

Order/Opinion
331

2:07-cv-00380

Proceedings: Motions for Final Approval of Class Action Settlement and Attorney's Fees

Feb. 15, 2018

Feb. 15, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143531/michael-nozzi-v-housing-authority-of-the-city-of-los-angeles/

Last updated Sept. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Housing Authority of the City of Los Angeles, City of Los Angeles, Rudolph Montiel, Does 1 through 100 inclusive. (Filing fee $ 350 PAID.) Jury Demanded, filed by plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (jp) (mgu). (Additional attachment(s) added on 4/4/2017: # 1 Civil Cover Sheet, # 2 CV18) (et). (Entered: 01/24/2007)

1 Civil Cover Sheet

View on PACER

2 CV18

View on PACER

Jan. 16, 2007

Jan. 16, 2007

RECAP
2

NOTICE of Interested Parties filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (jp) (mgu). (Entered: 01/24/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp) (Entered: 01/24/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER

FAX number for Attorneys Daniel Grunfeld, Louis Rafti, Hernan D Vera is 213-385-9089. (jp)

Jan. 16, 2007

Jan. 16, 2007

PACER

FAX number for Attorneys Stewart Kwoh, Julie A Su is 213-977-7595. (jp)

Jan. 16, 2007

Jan. 16, 2007

PACER

FAX number for Attorney Paul J Estuar is 213-380-4585. (jp)

Jan. 16, 2007

Jan. 16, 2007

PACER
4

STANDING ORDER by Judge John F. Walter,(bp, ) (Entered: 01/26/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
5

MINUTES OF IN CHAMBERS ORDER held before Judge John F. Walter : Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten doe or fictitiously named parties. Accordingly, the court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive.Court Reporter: None present. (bp, ) (Entered: 02/05/2007)

Feb. 1, 2007

Feb. 1, 2007

PACER
6

FIRST STIPULATION Extending Time to Answer the complaint. City of Los Angeles answer due 2/28/2007. filed by defendant City of Los Angeles. (bp, ) (mgu). (Entered: 02/06/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
8

FIRST STIPULATION Extending Time to Answer the complaint. Housing Authority of the City of Los Angeles answer due 2/28/2007; Rudolph Montiel answer due 2/28/2007. filed by defendant Housing Authority of the City of Los Angeles; Rudolph Montiel. (bp, ) (mgu). (Entered: 02/13/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
7

NOTICE of order dismissing does filed by plaintiffs' Nidia Pelaez, Michael Nozzi. (bp, ) (mgu). (Entered: 02/13/2007)

Feb. 8, 2007

Feb. 8, 2007

PACER
9

MINUTES OF IN CHAMBERS ORDER held before Judge John F. Walter : Counsel are hereby notified that a Scheduling Conference has been set for 4/9/2007 08:30 AM before Judge John F. Walter.Court Reporter: None present. (bp, ) (Entered: 02/20/2007)

Feb. 13, 2007

Feb. 13, 2007

PACER
10

CERTIFICATION of Interested Parties filed by Defendant City of Los Angeles. (bp, ) (mgu). (Entered: 02/27/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
11

NOTICE OF MOTION AND MOTION to Dismiss Complaint for failure to state a claim filed by defendant City of Los Angeles. Motion set for hearing on 3/19/2007 at 01:30 PM before Judge John F. Walter. Lodged proposed order. (bp, ) (mgu). (Entered: 03/01/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
12

DECLARATION of Heather E. Davis in support of MOTION to Dismiss Case 11 filed by defendant City of Los Angeles. (bp, ) (mgu). (Entered: 03/01/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
13

PROOF OF SERVICE Executed by plaintiffs' Nidia Pelaez, Michael Nozzi, upon Rudolph Montiel served on 1/22/2007, answer due 2/11/2007. The Summons and Complaint were served by personal service, by federal statute, upon Brant H. Dveirin, esq. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (mgu). (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
14

PROOF OF SERVICE Executed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi, upon City of Los Angeles served on 1/18/2007, answer due 2/7/2007. The Summons and Complaint were served by personal service, by federal statute, upon Judith Ortega, person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (bp, ) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER

PROOF OF SERVICE Executed by plaintiffs' Nidia Pelaez, Michael Nozzi, upon Housing Authority of the City of Los Angeles served on 1/18/2007, answer due 2/7/2007. The Summons and Complaint were served by personal service, by federal statute, upon Shirlie Hopgood, person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (bp, )

Feb. 26, 2007

Feb. 26, 2007

PACER

PROOF OF SERVICE Executed by plaintiffs' Nidia Pelaez, Michael Nozzi, upon Rudolph Montiel served on 1/19/2007, answer due 2/8/2007. The Summons and Complaint were served by personal service, by federal statute, upon Shirlie Hopgood, person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (bp, )

Feb. 26, 2007

Feb. 26, 2007

PACER

PROOF OF SERVICE Executed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi, upon The Summons and Complaint were served by personal service, by federal statute, upon Maria Vizcarra. Due Dilligence declaration not attached. Original Summons not returned. (bp, )

Feb. 26, 2007

Feb. 26, 2007

PACER
15

CERTIFICATION of Interested Parties filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp, ) (mgu). (Entered: 03/06/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
16

NOTICE OF MOTION AND MOTION to Dismiss as to the second,third and fifth through seventh countsin plaintiffs' complaint filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel. Motion set for hearing on 3/26/2007 at 01:30 PM before Judge John F. Walter. Lodged proposed order. (bp, ) (mgu). (Entered: 03/06/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
17

DECLARATION of Brant H. Dveirin in support of MOTION to Dismiss Case 16 filed by defendants' Los Angeles Coalition to End Hunger and Homelessness, Rudolph Montiel. (bp, ) (mer). (Entered: 03/06/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
18

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 16 filed by defendants' Los Angeles Coalition to End Hunger and Homelessness, Rudolph Montiel. (bp, ) (mgu). (Entered: 03/06/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
20

EX PARTE APPLICATION to Continue hearing on motions to dismiss and scheduling hearing filed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. Lodged proposet stip. (bp, ) (mgu). (Entered: 03/07/2007)

March 2, 2007

March 2, 2007

PACER
19

ORDER, Denying the stipulation of the parties continuing hearing on defendants' motion to dismiss and continuing scheduling conference by Judge John F. Walter,(bp, ) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

PACER
24

PROOF OF SERVICE filed by plaintiffs' Michael Nozzi, re In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings 9, was served on 3/7/07. (bp, ) (rhe). (Main Document 24 replaced on 4/18/2017) (mgu). (Entered: 03/13/2007)

March 7, 2007

March 7, 2007

PACER
25

EX PARTE APPLICATION to Continue hearing on motions to dismiss and scheduling conference filed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. Lodged lodged stip. (bp, ) (mgu). (Entered: 03/14/2007)

March 8, 2007

March 8, 2007

PACER
21

STIPULATION AND ORDER that the hearing on defendants' respective motions to dismiss shall take place on the same date, either April 16, April 30, or a date after April 30 more convenient for the court, at 1:30 p.m. by Judge John F. Walter :(bp, ) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

PACER
22

DENIED by Order of the United StatesJudge John F. Walter, Plaintiff's ex parte application to file a late opposition brief.(bp, ) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

PACER
23

STIPULATION AND ORDER by Judge John F. Walter : that the Scheduling Conference be continued to 4/23/2007 08:30 AM before Judge John F. Walter.(bp, ) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

PACER
26

NOTICE of errata filed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (bp, ) (mgu). (Entered: 03/22/2007)

March 12, 2007

March 12, 2007

PACER
289

PLACED IN FILE - NOT USED re plaintiff's opposition to defendants motion to dismiss submitted by plaintiffs' Los Angeles Coalition to End Hunger and Homelessness. (bp, ) (mgu). (Main Document 289 replaced on 4/10/2017) (mer). (Entered: 03/21/2007)

March 12, 2007

March 12, 2007

PACER
28

NOTICE OF MOTION AND MOTION to Strike the state causes of action in plaintiffs' complaint against defendants Housing Authority of the City of Los Angeles and Rudolph Montiel filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel. Motion set for hearing on 4/16/2007 at 01:30 PM before Judge John F. Walter. (bp, ) (mgu). (Entered: 03/30/2007)

March 19, 2007

March 19, 2007

PACER
29

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION to Strike 28 filed by defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp, ) (mgu). (Entered: 03/30/2007)

March 19, 2007

March 19, 2007

PACER
30

DECLARATION of Debra Amenson in support of MOTION to Strike 28 filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp, ) (mgu). (Entered: 03/30/2007)

March 19, 2007

March 19, 2007

PACER
31

DECLARATION of Brant H. Dveirin in support of MOTION to Strike 28 filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp, ) (mgu). (Entered: 03/30/2007)

March 19, 2007

March 19, 2007

PACER
27

NOTICE of Change of Attorney Information: adding Todd T Leung as attorney as counsel of record for City of Los Angeles for the reason indicated in the G-06 Notice. Adding Todd T Leung for City of Los Angeles as attorney as counsel of record for the reason indicated in the G-06 Notice. Attorney Heather E Davis will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Heather E Davis is no longer attorney of record in this case for the reason indicated in the G-06 Notice.Filed by defendant City of Los Angeles (bb, ) (mgu). (Entered: 03/23/2007)

March 20, 2007

March 20, 2007

PACER
34

OPPOSITION to MOTION to Strike 28 filed by plaintiffs' Nidia Pelaez, Michael Nozzi. (bp, ) (mgu). (Entered: 04/19/2007)

April 2, 2007

April 2, 2007

PACER
35

OPPOSITION to MOTION to Dismiss Case 16 filed by plaintiffs' Nidia Pelaez, Michael Nozzi. (bp, ) (mgu). (Entered: 04/19/2007)

April 2, 2007

April 2, 2007

PACER
36

REPLY TO OPPOSITION TO MOTION to Dismiss Case 11 filed by defendant City of Los Angeles. (bp, ) (mgu). (Entered: 04/19/2007)

April 5, 2007

April 5, 2007

PACER
40

REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS MOTION to Strike 28 filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp, ) (mgu). (Entered: 04/23/2007)

April 9, 2007

April 9, 2007

PACER
33

NOTICE OF DISCREPANCY AND ORDER: by Judge John F. Walter, ORDERING reply to opposition to motion to dismiss submitted by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel received on 4/9/07 is not to be filed but instead rejected. Denial based on: no proof of service attached.(lc, ) (Entered: 04/12/2007)

April 10, 2007

April 10, 2007

PACER
32

MINUTES OF IN CHAMBERS ORDER held before Judge John F. Walter : On the court's own motion, the parties are hereby notified that the following motions currently on calendar for 4/16/07 at 1:30 p.m. are continued to 4/30/07 at 1:30 p.m. MOTION to Strike 28, MOTION to Dismiss Case 11, MOTION to Dismiss Case 16 . The scheduling conference on 4/23/07 at 8:30 a.m. is hereby continued to 4/30/07. Court Reporter: None present. (bp, ) (Entered: 04/12/2007)

April 11, 2007

April 11, 2007

PACER
37

PROOF OF SERVICE filed by defendants' Housing Authority of the City of Los Angeles, re Reply (Motion related) 36, was served on 4/11/07. (bp, ) (mgu). (Entered: 04/19/2007)

April 11, 2007

April 11, 2007

PACER

Set Deadlines/Hearings: Scheduling Conference set for 4/30/2007 01:30 PM before Judge John F. Walter. (bp, )

April 11, 2007

April 11, 2007

PACER
39

ORDER OF THE CHIEF JUDGE (#07-118) approved by Chief District Judge Alicemarie H. Stotler. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Judge George H. Wu, this case is transfered from Judge John F. Walter to the calendar of Judge George H Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 07-0380 GW (FFMx).(rn, ) (Entered: 04/20/2007)

April 18, 2007

April 18, 2007

PACER
38

MINUTES OF IN CHAMBERS ORDER held before Judge George H Wu : This action has been reassigned to the Honorable George H. Wu. Scheduling Conference set for 4/30/2007 08:30 AM. Defendants' motions to dismiss and strike state causes of action are set for hearing on 4/30/07 at 8:30 a.m.Court Reporter: None present. (bp, ) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER

Set Deadlines as to MOTION to Strike 28, MOTION to Dismiss Case 11, MOTION to Dismiss Case 16 . Motion set for hearing on 4/30/2007 at 08:30 AM before Judge John F. Walter. (bp, )

April 19, 2007

April 19, 2007

PACER
43

REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS MOTION to Dismiss Case 16 filed by defendants' Los Angeles Coalition to End Hunger and Homelessness, Rudolph Montiel. (bp, ) (mgu). (Entered: 05/11/2007)

April 20, 2007

April 20, 2007

PACER
44

JOINT REPORT Rule 26(f) Discovery Plan filed; (bp, ) (mgu). (Entered: 05/17/2007)

April 23, 2007

April 23, 2007

PACER
45

INITIAL DISCLOSURE filed by Defendant City of Los Angeles (bp, ) (mgu). (Entered: 05/17/2007)

April 23, 2007

April 23, 2007

PACER
41

MINUTES OF IN CHAMBERS ORDER held before Judge George H Wu : The scheduling conference is CONTINUED to 6/14/2007 08:30 AM before Judge George H Wu.Court Reporter: Wil Wilcox. (bp, ) (Entered: 05/01/2007)

April 30, 2007

April 30, 2007

PACER
42

MINUTES OF Motion Hearing held before Judge George H Wu : Defendants' Housing Authority of the City of Los Angeles and Rudolf Montiel's motion to dismiss as to the second, third and fifth through seventh counts in plaintiffs' complaint is GRANTED in part and DENIED in part. Count 2 is GRANTED with leave to amend; count 5 is GRANTED without leave to amend; count 3 is DENIED; count 6 is sustained with leave to amend; and count 7 is withdrawn and dismissed. The scheduling conference is CONTINUED to 6/14/07 at 8:30 a.m. Judge George H Wu.Court Reporter: Wil Wilcox. (bp, ) (Entered: 05/02/2007)

April 30, 2007

April 30, 2007

PACER
46

NOTICE of Ruling filed by plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (ca ) (mgu). (Entered: 05/18/2007)

May 1, 2007

May 1, 2007

PACER
51

STIPULATION to Dismiss with prejudice defendant City of Los Angeles filed by plaintiff Michael Nozzi. Lodged proposed order and 1st A/C. (bp, ) (rhe). (Main Document 51 replaced on 4/18/2017) (mgu). (Entered: 05/31/2007)

May 11, 2007

May 11, 2007

PACER
50

STIPULATION to Continue scheduling conference filed by plaintiff Michael Nozzi. Lodged proposed order. (bp, ) (mgu). (Entered: 05/29/2007)

May 16, 2007

May 16, 2007

PACER
52

DECLARATION of Barrett S. Litt re stipulation to continue scheduling conference filed by Plaintiff Michael Nozzi. (bp) (mgu). (Entered: 06/05/2007)

May 16, 2007

May 16, 2007

PACER
47

ORDER by Judge George H Wu, that the Scheduling Conference in the foregoing matter be continued to 6/21/2007 08:30 AM before Judge George H Wu.(bp, ) (Entered: 05/22/2007)

May 21, 2007

May 21, 2007

PACER
48

IT IS ORDERED that: All claims stated in the original complaint against the City of Los Angeles are dismissed with prejudice nunc pro tunc, dating backing to the court's original dismissal. Plaintiffs have the right appeal this order at the appropriate time, but plaintiffs have waived any right to contend that they were denied the opportunity to amend the complaint prior to dismissal by Judge George H Wu,, City of Los Angeles terminated.(bp, ) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
49

FIRST AMENDED COMPLAINT against defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel, Does 1-10 amending Complaint - (Discovery), Complaint - (Discovery) 1,filed by plaintiffs' Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi (bp, ) (mgu). (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

RECAP
54

NOTICE OF MOTION AND MOTION to Dismiss Second and Fifth Counts of First Amended Complaint filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel.Motion set for hearing on 7/26/2007 at 08:30 AM before Judge George H Wu. Lodged Proposed Order. (jl) (mgu). (Entered: 06/22/2007)

June 8, 2007

June 8, 2007

PACER
55

JOINT Rule 26(f) REPORT; filed by Plaintiffs; estimated length of trial not specified, (ear) (mgu). (Entered: 07/09/2007)

June 18, 2007

June 18, 2007

PACER
53

MINUTES OF Scheduling Conference held before Judge George H Wu: Deadline to file motions for summary judgment 10/15/07; Oppositions 11/2/07; Reply to oppositions 11/13/07; Hearing on motions for summary judgment 11/19/07 at 8:30 a.m.Court Reporter: Wil Wilcox.(bp) (Entered: 06/22/2007)

June 21, 2007

June 21, 2007

PACER
58

OPPOSITION TO DEFENDANTS HACLA'S AND MOTIEL'S MOTION to Dismiss Second and Fifth Counts of First Amended Complaint 54 filed by Defendant Housing Authority of the City of Los Angeles. (bp) (mgu). (Entered: 07/23/2007)

July 12, 2007

July 12, 2007

PACER
56

Opposition to MOTION to Dismiss Second and Fifth Counts of First Amended Complaint 54 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (jl) (mgu). (Entered: 07/20/2007)

July 18, 2007

July 18, 2007

PACER
57

NOTICE OF ERRATA filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. correcting MEMORANDUM in Opposition to Motion 56 (jl) (mgu). (Entered: 07/20/2007)

July 18, 2007

July 18, 2007

PACER
60

REPLY TO PLAINTIFF'S OPPOSITION TO MOTION to Dismiss Second and Fifth Counts of First Amended Complaint 54 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (bp) (mgu). (Entered: 07/31/2007)

July 19, 2007

July 19, 2007

PACER
59

MINUTES OF Motion Hearing held before Judge George H Wu : Defendants' Housing Authority of The City of Los Angeles and Rudolf Montiel's Motoin to Dismiss as the second and fifth counts in plaintiffs' first amended complaint. Defendants' motion to dismiss as to the second and fifth counts in plaintiffs' first amended complaint is TAKEN UNDER SUBMISSION. Court shall issue order.Court Reporter: Wil Wilcox.(bp) (Entered: 07/27/2007)

July 26, 2007

July 26, 2007

PACER
61

JOINT EX PARTE APPLICATION to Continue Motion for Summary Judgment filing briefing schedule and hearing date filed by defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. Lodged proposed order.(jag) (mgu). (Entered: 10/03/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
62

DECLARATION of BRANT H DVEIRIN in support of EX PARTE APPLICATION to Continue Motion for Summary Judgment filing briefing schedule and hearing date 61 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (jag) (mgu). (Entered: 10/03/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
63

ORDER by Judge George H Wu: Defendant's Motion to Dismiss Second and Fifth Counts of First Amended Complaint 54 are hereby dismissed with prejudice. (rrey) (Entered: 11/27/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
64

STIPULATION AND ORDER by Judge George H Wu : that the motion for summary judgment briefing scheduled and hearing date be continued to the following dates: Deadline to file Motions for summary judgment 1/28/2008; Oppositions 2/15/2008; Replies to Oppositions 2/26/2008; Hearing on motions for summary judgment 3/6/2008 at 8:30 AM (pj) (Entered: 11/29/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
65

ANSWER to First Amended Complaint, 49 with JURY DEMAND filed by defendants' Housing Authority of the City of Los Angeles, Rudolph Montiel.(bp) (mgu). (Main Document 65 replaced on 4/17/2017) (rhe). (Entered: 12/12/2007)

Dec. 10, 2007

Dec. 10, 2007

PACER
66

STIPULATION AND ORDER by Judge George H Wu : that the current deadlines for parties cross motions for summary judgment be extended for 30 days as follows: Deadline to file motions for summary judgment 2/28/2008; Opposition briefs 3/17/20085; Reply briefs 3/28/2008; Hearing date 4/7/2008 (pj) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER
67

NOTICE OF MOTION AND MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel.Motion set for hearing on 4/7/2008 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Proposed Order Proposed Judgment# 2 Supplement Proposed Statement of Uncontroverted Facts and Conclusions of Law# 3 Declaration Declaration of Shirley Fields# 4 Declaration Declaration of Brant H. Dveirin# 5 Supplement Notice of Manual Filing of Exhibits)(Dveirin, Brant) (Entered: 02/27/2008)

2 Proposed Order Proposed Judgment

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3 Supplement Proposed Statement of Uncontroverted Facts and Conclusions of Law

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4 Declaration Declaration of Shirley Fields

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5 Declaration Declaration of Brant H. Dveirin

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6 Supplement Notice of Manual Filing of Exhibits

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Feb. 27, 2008

Feb. 27, 2008

PACER
68

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi.Motion set for hearing on 4/7/2008 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Memo of Points & Authorities in Support of Motion# 2 Proposed Order)(Estuar, Paul) (Entered: 02/28/2008)

2 Memo of Points & Authorities in Support of Motion

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3 Proposed Order

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Feb. 28, 2008

Feb. 28, 2008

PACER
69

STATEMENT of UNCONTROVERTED FACTS MOTION for Summary Judgment 68 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
70

DECLARATION of Paul J. Estuar In Support Of Plaintiffs' Motion MOTION for Summary Judgment 68 With Exhibits filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Attachments: # 1 Exhibit No. 1# 2 Exhibit Nos. 2-13)(Estuar, Paul) (Entered: 02/28/2008)

2 Exhibit No. 1

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3 Exhibit Nos. 2-13

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Feb. 28, 2008

Feb. 28, 2008

PACER
71

DECLARATION of Edward Finegan In Support of Plaintiffs' Motion MOTION for Summary Judgment 68 With Exhibits filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Estuar, Paul) (Entered: 02/28/2008)

2 Exhibit A

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3 Exhibit B

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Feb. 28, 2008

Feb. 28, 2008

PACER
72

DECLARATION of Michael Nozzi In Support of Plaintiffs' Motion MOTION for Summary Judgment 68 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
73

DECLARATION of Nidia Pelaez In Support of Plaintiffs' Motion MOTION for Summary Judgment 68 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
74

APPENDIX OF EXHIBITS IN SUPPORT MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (pj) (Main Document 74 replaced on 4/6/2017) (mgu). (Additional attachment(s) added on 4/6/2017: # 1 doc 74 - Part 2) (mgu). (Entered: 03/04/2008)

1 doc 74 - Part 2

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Feb. 28, 2008

Feb. 28, 2008

PACER
75

OBJECTIONS Objection to Fields Declaration in Support of Defendants' MSJ re: MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
76

STATEMENT of Genuine Issues of Material Facts in Opposition to Defendants' MSJ MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
77

MEMORANDUM in Opposition to MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
78

MEMORANDUM in Opposition to MOTION for Summary Judgment 68 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (Attachments: # 1 Supplement Statement of Genuine Issues# 2 Supplement Objections to Declarations/Motion to Strike# 3 Declaration of Agbor I. Agbor# 4 Declaration of Kenneth Baldwin# 5 Declaration of Megumi Takarabe)(Dveirin, Brant) (Entered: 03/17/2008)

2 Supplement Statement of Genuine Issues

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3 Supplement Objections to Declarations/Motion to Strike

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4 Declaration of Agbor I. Agbor

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5 Declaration of Kenneth Baldwin

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6 Declaration of Megumi Takarabe

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March 17, 2008

March 17, 2008

PACER
79

REPLY filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi REPLY TO DEFENDANTS' STATEMENT OF GENUINE ISSUES (Estuar, Paul) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
80

OBJECTIONS TO DECLARATIONS IN SUPPORT OF DEFENDANTS' OPPOSITION TO MSJ filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
81

REPLY in support of a motion MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (Dveirin, Brant) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
82

REPLY filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MSJ (Estuar, Paul) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
83

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected. Correct event is The correct event to use is: Reply (Motion Related), Objections(Motion Related) under RESPONSES, REPLIES AND OTHER MOTIONS EVENTS, action was or will be taken by Filer taken: RE Reply (non-motion) 82, Objections - non-motion 80, Reply (Motion related) 81, Reply (non-motion) 79 (pj) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
84

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS: by Javier Gonzalez Deputy Clerk for Judge George H Wu. The documents are accepted as filed. Please take notice of the deficiencies. Any further incorrect entries will result in your documents being stricken for failure to use the correct events. RE: Reply (non-motion) 82, Objections - non-motion 80, Reply (non-motion) 79 (pj) (Entered: 04/10/2008)

April 7, 2008

April 7, 2008

PACER
85

MINUTES OF Motion Hearing held before Judge George H Wu :, RE: MOTIONS for Summary Judgment Hearings are held. For the reasons stated on the record, Defendants' Motion for Summary Judgment(filed 02/27/08), and Plaintiffs' Motion for Summary Judgment, or in the alternative, Partial SummaryJudgment (filed 02/28/08) are taken under submission. Court to issue order. 68, 67 Court Reporter: Wil Wilcox. (pj) (Entered: 04/11/2008)

April 7, 2008

April 7, 2008

PACER
86

EX PARTE APPLICATION for Ruling on Ex Parte Application Re Motions for Summary Judgment filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Attachments: # 1 Proposed Order)(Estuar, Paul) (Entered: 02/17/2009)

2 Proposed Order

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Feb. 17, 2009

Feb. 17, 2009

PACER
87

DECLARATION of Paul J. Estuar re EX PARTE APPLICATION for Ruling on Ex Parte Application Re Motions for Summary Judgment 86 filed by Plaintiffs Nidia Pelaez, Los Angeles Coalition to End Hunger and Homelessness, Michael Nozzi. (Estuar, Paul) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

PACER
88

OPPOSITION IN RESPONSE re: EX PARTE APPLICATION for Ruling on Ex Parte Application Re Motions for Summary Judgment 86 filed by Defendant Housing Authority of the City of Los Angeles. (Dveirin, Brant) (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
90

RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT by Judge George H Wu, re Plaintiffs and Defendants Cross- MOTIONS for Summary Judgment. Summary judgment is GRANTED on each of those causes of action in favor of Defendants and against Plaintiffs. 68, 67] (pj) (Entered: 03/11/2009)

March 8, 2009

March 8, 2009

PACER
89

MINUTES OF COURT ORDER (IN CHAMBERS) by Judge George H Wu: Pursuant to the Court's Ruling on Cross-Motions for Summary Judgment 67, 68, filed on March 8, 2009, the defendant is ordered to submit a (proposed) judgment by no later than March 13, 2009. (lom) (Entered: 03/10/2009)

March 9, 2009

March 9, 2009

PACER
91

PROPOSED JUDGMENT IN FAVOR OF DEFENDANTS HOUSING AUTHORITY OF THE CITY OF LOS ANGELES AND RUDOLF MONTIEL re MOTION for Summary Judgment as to All Remaining Causes of Action & Memorandum of Points and Authorities 67 filed by Defendants Housing Authority of the City of Los Angeles, Rudolph Montiel. (Dveirin, Brant) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Public Housing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 16, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Injunctive Relief Class: All Section 8 voucher recipients whose benefits were administered by HACLA and who in the past received, or in the future may receive, notice of decreased benefits. The Damages Class: HACLA Section 8 tenants, between June 1, 2005 and September 30, 2006, whose rental contribution was greater than it would have been if not for HACLA’s 2004 decrease in benefits.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kaye, McLane, Bednarski & Litt

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Housing Authority of the City of Los Angeles (Los Angeles, Los Angeles), City

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 8,500,000

Order Duration: 2017 - None

Issues

General:

Housing

Housing assistance

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