Case: Fortune Society v. Sandcastle Towers Housing Development Fund Corp.

1:14-cv-06410 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 30, 2014

Closed Date: Oct. 16, 2019

Clearinghouse coding complete

Case Summary

The Fortune Society, a non-profit organization that provides temporary and permanent housing to hundreds of formerly incarcerated individuals each year, tried to rent apartments at The Sand Castle, an apartment complex managed and owned by the Sandcastle Towers Housing Development Fund Corp. (the “Fund”). When the Fund learned that the Fortune Society served formerly imprisoned individuals, they refused to rent apartments. On October 30, 2014, the Fortune Society filed this lawsuit in the U.S. …

The Fortune Society, a non-profit organization that provides temporary and permanent housing to hundreds of formerly incarcerated individuals each year, tried to rent apartments at The Sand Castle, an apartment complex managed and owned by the Sandcastle Towers Housing Development Fund Corp. (the “Fund”). When the Fund learned that the Fortune Society served formerly imprisoned individuals, they refused to rent apartments.

On October 30, 2014, the Fortune Society filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiff sued the Fund (and related entities) under the Fair Housing Act of 1968 and New York State and City law. Represented by Relman, Dane & Colfax, the plaintiff sought injunctive, monetary and declarative relief. The plaintiff claimed that the defendant maintained a discriminatory policy that prohibited anyone with a criminal record from renting an apartment or living at The Sand Castle. Specifically, they claimed that the policy had the purpose and effect of discriminating against African Americans and Latinos.

The court set up a discovery schedule, which proceeded for about a year. On May 1, 2015, the plaintiff filed an amended complaint.

On June 25, 2015, the court ordered the parties to meet and discuss settlement in light of the recent Supreme Court decision Inclusive Communities Project v. Texas Department of Housing and Community Affairs. (See here in the Clearinghouse). That opinion held that the Fair Housing Act encompassed disparate impact liability, but emphasized that liability followed only if the challenged policy or practice actually caused, rather than merely accompanied, a racial disparity.

The plaintiff filed a motion for partial summary judgment on its race discrimination claims based on disparate impact on September 30, 2016. On the same day, the defendant moved for summary judgment. The defendant claimed that summary judgment was appropriate because discovery confirmed that it did not maintain a blanket ban on residents with criminal records.

On November 16, 2015, the parties met at a status conference to discuss settlement, as recommended by the court. But they failed to agree.

On October 18, 2016, the United States entered a Statement of Interest. It suggested a three-step legal test that the court should use to evaluate the plaintiff's claims (Department of Justice press release available here):

  1. The plaintiff must show the challenged practice has a discriminatory effect on a protected class;
  2. The defendant must establish a legitimate justification for the challenged practice; and
  3. The plaintiff must exhibit another policy to serve the same interests with less discriminatory effect.
The court (Magistrate Judge Vera M. Scanlon) issued an order denying the plaintiff’s motion for partial summary judgment and grating in part and denying in part the defendant’s motion for summary judgment on July 3, 2019. The court denied the defendant’s motion for summary judgment with respect to the plaintiff’s disparate impact claim but granted it with respect to the plaintiff’s disparate treatment claim. In addition, the court scheduled a status conference on August 20, 2019, to discuss settlement possibilities.

The parties jointly filed a stipulation of dismissal with prejudice on October 11, 2019. On October 16, 2019, the defendant and the plaintiff filed a status report, stating that the matter has been resolved. According to the New York Daily News, the parties agreed to a $1,187,500 settlement. The article did not mention any injunctive relief but did note that the Fund no longer controlled The Sand Castle or any other residential property.

This case is closed.

Summary Authors

MJ Koo (1/22/2017)

Raul Noguera-McElroy (4/19/2019)

Bogyung Lim (1/31/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4323844/parties/the-fortune-society-v-sandcastle-towers-housing-development-fund-corp/


Judge(s)

Scanlon, Vera M. (New York)

Attorneys(s) for Plaintiff

Burgess, Margaret (District of Columbia)

Cobb, Jia Michelle (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Relman, John Peter (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Schlactus, Glenn (District of Columbia)

Attorneys(s) for Defendant

Brent, Jann S. (New York)

Gastwirth, Loretta M (New York)

Martinez, Larry R (New York)

Judge(s)

Scanlon, Vera M. (New York)

Attorneys(s) for Plaintiff

Burgess, Margaret (District of Columbia)

Cobb, Jia Michelle (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Relman, John Peter (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Schlactus, Glenn (District of Columbia)

Attorneys(s) for Defendant

Brent, Jann S. (New York)

Gastwirth, Loretta M (New York)

Martinez, Larry R (New York)

Shanahan, Thomas D. (New York)

Suarez, Stephanie Marie (New York)

Walsh, Richard T. (New York)

Other Attorney(s)

Goldberger, Michael J. (New York)

Documents in the Clearinghouse

Document

1:14-cv-06410

Docket Report

Oct. 17, 2019

Oct. 17, 2019

Docket
1

1:14-cv-06410

Complaint

Oct. 30, 2014

Oct. 30, 2014

Complaint
30

1:14-cv-06410

Amended Complaint

May 1, 2015

May 1, 2015

Complaint
102

1:14-cv-06410

United States of America's Statement of Interest

Fortune Society v. Sandcastle Towers Housing Development Fund Corporation

Oct. 18, 2016

Oct. 18, 2016

Pleading / Motion / Brief
141

1:14-cv-06410

Memorandum & Order

388 F.Supp.3d 145

July 3, 2019

July 3, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4323844/the-fortune-society-v-sandcastle-towers-housing-development-fund-corp/

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

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

Oct. 30, 2014

Oct. 30, 2014

PACER
1

COMPLAINT against Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC filing fee $ 400, receipt number 0207-7301007 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by The Fortune Society. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Downer, Ryan) (Entered: 10/30/2014)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Oct. 30, 2014

Oct. 30, 2014

RECAP

Case assigned to Judge Brian M. Cogan. (Bowens, Priscilla)

Oct. 30, 2014

Oct. 30, 2014

PACER
2

Summons Issued as to All Defendants. (Attachments: # 1 Sarasota summons, # 2 Weissman summons) (Bowens, Priscilla) (Entered: 10/31/2014)

1 Sarasota summons

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2 Weissman summons

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Oct. 30, 2014

Oct. 30, 2014

PACER

Scheduling Order

Oct. 31, 2014

Oct. 31, 2014

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER

SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for an Initial Status Conference on 12/11/2014 at 11:30 am in Chambers 704S. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. Defendants' counsel is Ordered to ECF file a pre-conference letter that explains their anticipated legal and factual bases for defending this action. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. Ordered by Judge Brian M. Cogan on 10/31/2014. (Weisberg, Peggy)

Oct. 31, 2014

Oct. 31, 2014

PACER
5

SUMMONS Returned Executed by The Fortune Society. Sarasota Gold LLC served on 11/13/2014, answer due 12/4/2014. (Downer, Ryan) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
6

SUMMONS Returned Executed by The Fortune Society. Sandcastle Towers Housing Development Fund Corp. served on 11/13/2014, answer due 12/4/2014. (Downer, Ryan) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
7

SUMMONS Returned Executed by The Fortune Society. Weissman Realty Group LLC served on 11/13/2014, answer due 12/4/2014. (Downer, Ryan) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
8

Letter Regarding Treatment As a Related Case by The Fortune Society (Attachments: # 1 Certificate of Service) (Downer, Ryan) (Entered: 11/13/2014)

1 Certificate of Service

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Nov. 13, 2014

Nov. 13, 2014

PACER

ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon as related to 14cv5716 for all further proceedings. Judge Brian M. Cogan no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 11/14/2014. (Bowens, Priscilla)

Nov. 14, 2014

Nov. 14, 2014

PACER

Order Reassigning Case

Nov. 14, 2014

Nov. 14, 2014

PACER
9

NOTICE of Appearance by Richard T. Walsh on behalf of Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC (aty to be noticed) (Walsh, Richard) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
10

MOTION for Leave to Appear Pro Hac Vice by Jia Cobb Filing fee $ 25, receipt number 0207-7376083. by The Fortune Society. (Attachments: # 1 Affidavit Affidavit of Jia Cobb in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement Certificate of Good Standing for Jia Cobb, # 3 Certificate of Service Certificate of Service, # 4 Proposed Order Proposed Order Granting Pro Hac Vice Application) (Downer, Ryan) (Entered: 12/04/2014)

1 Affidavit Affidavit of Jia Cobb in Support of Motion to Admit Counsel Pro Hac Vi

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2 Supplement Certificate of Good Standing for Jia Cobb

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3 Certificate of Service Certificate of Service

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4 Proposed Order Proposed Order Granting Pro Hac Vice Application

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Dec. 4, 2014

Dec. 4, 2014

PACER
11

MOTION for Leave to Appear Pro Hac Vice by John P. Relman Filing fee $ 25, receipt number 0207-7376172. by The Fortune Society. (Attachments: # 1 Affidavit Affidavit of John Relman in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement Certificate of Good Standing for John Relman, # 3 Certificate of Service Certificate of Service, # 4 Proposed Order Proposed Order Granting Pro Hac Vice Application) (Downer, Ryan) (Entered: 12/04/2014)

1 Affidavit Affidavit of John Relman in Support of Motion to Admit Counsel Pro Hac

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2 Supplement Certificate of Good Standing for John Relman

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3 Certificate of Service Certificate of Service

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4 Proposed Order Proposed Order Granting Pro Hac Vice Application

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Dec. 4, 2014

Dec. 4, 2014

PACER

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2014. (Priftakis, Tina)

Dec. 5, 2014

Dec. 5, 2014

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 5, 2014

Dec. 5, 2014

PACER

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2014. (Priftakis, Tina)

Dec. 5, 2014

Dec. 5, 2014

PACER
12

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7391375. by The Fortune Society. (Attachments: # 1 Affidavit Affidavit of Glenn Schlactus in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Supplement Certificate of Good Standing for Glenn Schlactus from the District Court of Columbia Court of Appeals, # 3 Supplement Certificate of Good Standing for Glenn Schlactus from the California State Bar, # 4 Certificate of Service Certificate of Service, # 5 Proposed Order Proposed Order Granting Pro Hac Vice Application for Glenn Schlactus) (Downer, Ryan) (Entered: 12/11/2014)

1 Affidavit Affidavit of Glenn Schlactus in Support of Motion to Admit Counsel Pro

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2 Supplement Certificate of Good Standing for Glenn Schlactus from the District Co

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3 Supplement Certificate of Good Standing for Glenn Schlactus from the California

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4 Certificate of Service Certificate of Service

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5 Proposed Order Proposed Order Granting Pro Hac Vice Application for Glenn Schlac

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Dec. 11, 2014

Dec. 11, 2014

PACER
13

First MOTION for Extension of Time to File Answer per stipulation on consent by Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC. (Walsh, Richard) (Entered: 12/13/2014)

Dec. 13, 2014

Dec. 13, 2014

PACER

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 12/15/2014. (Priftakis, Tina)

Dec. 15, 2014

Dec. 15, 2014

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 15, 2014

Dec. 15, 2014

PACER

Order on Motion for Extension of Time to Answer

Dec. 15, 2014

Dec. 15, 2014

PACER

ORDER granting 13 Motion for Extension of Time to Answer. All Defendants must answer or otherwise respond to the Plaintiff's complaint on or before 12/18/2014. Ordered by Magistrate Judge Vera M. Scanlon on 12/15/2014. (Priftakis, Tina)

Dec. 15, 2014

Dec. 15, 2014

PACER
14

ANSWER to 1 Complaint, by All Defendants. (Walsh, Richard) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
15

ANSWER to 1 Complaint, by All Defendants. (Walsh, Richard) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
16

SCHEDULING ORDER: Initial Conference set for 1/19/2015 03:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The parties must review the attached initial conference order and complete the proposed initial scheduling order before coming to the initial conference. Ordered by Magistrate Judge Vera M. Scanlon on 12/23/2014. (Priftakis, Tina) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER

Scheduling Order: Set/Reset Hearings: The 1/19/2015 Initial Conference is adjourned to a later date due to the fact that the Court is closed on 1/19/2015 for the Martin Luther King, Jr. Birthday holiday. Initial Conference reset for 1/21/2015 05:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. (Priftakis, Tina)

Dec. 29, 2014

Dec. 29, 2014

PACER

Set/Reset Hearings

Dec. 29, 2014

Dec. 29, 2014

PACER
17

Consent MOTION to Adjourn Conference by The Fortune Society. (Downer, Ryan) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER

Scheduling Order: Set/Reset Hearings: The 1/21/2015 Initial Conference is adjourned to a later date at Plaintiff's request with consent from defendants. Initial Conference reset for 2/5/2015 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. (Priftakis, Tina)

Jan. 7, 2015

Jan. 7, 2015

PACER

Set/Reset Hearings

Jan. 7, 2015

Jan. 7, 2015

PACER

Order on Motion to Adjourn Conference

Feb. 4, 2015

Feb. 4, 2015

PACER
18

Emergency MOTION to Adjourn Conference on 02/05/2015 by Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC. (Walsh, Richard) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER

ORDER granting in part and denying in part 18 Motion to Adjourn Conference. On consent, defendants' counsel's request to adjourn the 2/5/2015 Initial Conference is granted. Initial Conference reset for 2/12/2015 at 09:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 2/4/2015. (Priftakis, Tina)

Feb. 4, 2015

Feb. 4, 2015

PACER

ORDER: Defendants' counsel requested an adjournment of the 2/5/15 conference in light of a family medical emergency. The request was granted, and the conference was rescheduled at counsel's request to 2/12/15. The Court notes, however, that counsel's request asked that the conference be scheduled at a time before or after counsel's conference with District Judge Feuerstein. It is unclear from the correspondence whether counsel is aware that District Judge Feuerstein sits in the EDNY courthouse in Central Islip while the Magistrate Judge sits in the EDNY courthouse in Brooklyn. On or before 2/10/2015, counsel should confirm that he wishes the 2/12/2015 conference in Brooklyn to proceed. If there is a conflict in the conferences, counsel may request an additional adjournment of the Brooklyn conference. Ordered by Magistrate Judge Vera M. Scanlon on 2/6/2015. (Scanlon, Vera)

Feb. 6, 2015

Feb. 6, 2015

PACER

Status Report Order

Feb. 6, 2015

Feb. 6, 2015

PACER

SCHEDULING ORDER: The Initial Conference set for 2/12/2015 is rescheduled to 2/18/2015 at 02:30 PM before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 2/9/2015. (Rice, Liane)

Feb. 9, 2015

Feb. 9, 2015

PACER

Scheduling Order

Feb. 9, 2015

Feb. 9, 2015

PACER
19

NOTICE of Appearance by Jann S. Brent on behalf of All Defendants (aty to be noticed) (Brent, Jann) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
20

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 2/18/2015. Please see attached for appearances. (Tape #2:50-3:43.) (Priftakis, Tina) (Entered: 02/19/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
21

SCHEDULING ORDER: Having held an initial conference as noted in the separate minute entry, the Court has made certain scheduling decisions in this action. The attached Scheduling Order must be reviewed and complied with by all counsel and/or any pro se parties participating in this action. On or before 4/23/2015, the parties must file a joint status letter of no more than 3 pages describing the status of discovery and any outstanding discovery disputes. Telephone Conference set for 4/30/2015 02:15 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to initiate a conference call with counsel then call Chambers at (718) 613-2300 at the designated time. On or before 9/24/2015, the parties must file on ECF a joint letter confirming that discovery is concluded. Ordered by Magistrate Judge Vera M. Scanlon on 2/18/2015. (Priftakis, Tina) (Entered: 02/19/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
22

TRANSCRIPT of Proceedings held on February 18, 2015, before Judge Scanlon. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/17/2015. Redacted Transcript Deadline set for 3/27/2015. Release of Transcript Restriction set for 5/25/2015. (Rocco, Christine) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
23

CONSENT to Jurisdiction by US Magistrate Judge by Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Brent, Jann) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
24

Joint MOTION for Protective Order by The Fortune Society. (Attachments: # 1 Proposed Order) (Downer, Ryan) (Entered: 03/31/2015)

1 Proposed Order

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March 31, 2015

March 31, 2015

PACER
25

ORDER granting as modified 24 Motion for Protective Order. Please see attached for the document with modifications. Ordered by Magistrate Judge Vera M. Scanlon on 4/2/2015. (Lozar, Ryan) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
26

CONSENT to Jurisdiction by US Magistrate Judge Scanlon for all purposes including judgment. Case reassigned to Magistrate Magistrate Judge Vera M. Scanlon. Judge Brodie no longer assigned. (Guzzi, Roseann) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
27

Letter MOTION to Amend/Correct/Supplement 1 Complaint, by The Fortune Society. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service) (Downer, Ryan) (Entered: 04/17/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Certificate of Service

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April 17, 2015

April 17, 2015

PACER

ORDER. On or before 4/23/2015, Defendants must respond to Plaintiff's motion to amend with a letter indicating the extent to which they consent or oppose the motion. A 4/30/2015 conference is already scheduled with the Court and the Parties should expect to discuss the complaint amendment issue on that date. Once Defendants file their response on 4/23/2015, the Parties should meet and confer about any points of opposition and alert the Court if any disputed issues have been resolved with a filing on ECF on or before the close of business on 4/28/2015. Ordered by Magistrate Judge Vera M. Scanlon on 4/20/2015. (Lozar, Ryan)

April 20, 2015

April 20, 2015

PACER

Status Report Order

April 20, 2015

April 20, 2015

PACER
28

Letter re: Status of Discovery by The Fortune Society (Attachments: # 1 Certificate of Service) (Downer, Ryan) (Entered: 04/23/2015)

1 Certificate of Service

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April 23, 2015

April 23, 2015

PACER

ORDER. Defendants failed to comply with the Court's Order that they file a letter by 4/23/2015 indicating their position relative to Plaintiff's motion to amend at 27 . At present the Court assumes that the motion is unopposed. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2015. (Lozar, Ryan)

April 24, 2015

April 24, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 4/30/2015. Appearances by Ryan Downer and Glenn Schlactus for Plaintiff and Richard Walsh for Defendants. Mr. Schlactus must file a notice of appearance. See separate docket entry for Order issuing from this proceeding. (Tape #2:18-2:40.) (Rice, Liane)

May 1, 2015

May 1, 2015

PACER

Telephone Conference

May 1, 2015

May 1, 2015

PACER
29

ORDER granting 27 Motion to Amend/Correct/Supplement; SCHEDULING ORDER: As discussed during the 4/30/2015 conference (see attached order for additional detail), the 27 motion is granted on consent. Plaintiff to file an amended complaint. A Telephone Conference is set for 7/30/2015 at 09:30 AM before Magistrate Judge Vera M. Scanlon. Defendants' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 4/30/2015. (Rice, Liane) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
30

AMENDED COMPLAINT against All Defendants, filed by The Fortune Society. (Attachments: # 1 Proposed Summons, # 2 Certificate of Service) (Downer, Ryan) (Entered: 05/01/2015)

1 Proposed Summons

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2 Certificate of Service

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May 1, 2015

May 1, 2015

RECAP
31

NOTICE of Appearance by John P. Relman on behalf of The Fortune Society (aty to be noticed) (Attachments: # 1 Certificate of Service) (Relman, John) (Entered: 05/04/2015)

1 Certificate of Service

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May 4, 2015

May 4, 2015

PACER
32

NOTICE of Appearance by Glenn Schlactus on behalf of The Fortune Society (aty to be noticed) (Attachments: # 1 Certificate of Service) (Schlactus, Glenn) (Entered: 05/04/2015)

1 Certificate of Service

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May 4, 2015

May 4, 2015

PACER
33

NOTICE of Appearance by Jia Cobb on behalf of The Fortune Society (aty to be noticed) (Attachments: # 1 Certificate of Service) (Cobb, Jia) (Entered: 05/04/2015)

1 Certificate of Service

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May 4, 2015

May 4, 2015

PACER
34

TRANSCRIPT of Proceedings held on April 30, 2015, before Judge SCANLON. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/27/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/4/2015. (Hong, Loan) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
35

Amended Summons Issued as to E & M Associates LLC. (Brucella, Michelle) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
36

SUMMONS Returned Executed by The Fortune Society. E & M Associates LLC served on 5/14/2015, answer due 6/4/2015. (Downer, Ryan) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
37

ANSWER to 30 Amended Complaint by All Defendants. (Attachments: # 1 Affidavit of Service of Answer) (Walsh, Richard) (Entered: 05/21/2015)

1 Affidavit of Service of Answer

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May 21, 2015

May 21, 2015

PACER
38

Corporate Disclosure Statement by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC (Walsh, Richard) (Entered: 05/26/2015)

May 26, 2015

May 26, 2015

PACER

ORDER: During the 7/30/2015 conference, counsel should be prepared to discuss the impact on the strength of their respective positions, their settlement positions and the scope of discovery of today's United States Supreme Court decision, Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc. (13-1371). Ordered by Magistrate Judge Vera M. Scanlon on 6/25/2015. (Scanlon, Vera)

June 25, 2015

June 25, 2015

PACER

Order

June 25, 2015

June 25, 2015

PACER
39

Letter MOTION to Compel Discovery Responses by The Fortune Society. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Certificate of Service) (Downer, Ryan) (Entered: 06/30/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Certificate of Service

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June 30, 2015

June 30, 2015

PACER
40

Consent MOTION for Hearing on Discovery in Person by The Fortune Society. (Attachments: # 1 Certificate of Service) (Downer, Ryan) (Entered: 07/10/2015)

1 Certificate of Service

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July 10, 2015

July 10, 2015

PACER
41

Letter MOTION for Extension of Time to File Response/Reply as to 39 Letter MOTION to Compel Discovery Responses by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Attachments: # 1 Exhibit) (Brent, Jann) (Entered: 07/10/2015)

1 Exhibit

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July 10, 2015

July 10, 2015

PACER

ORDER granting 40 Motion for Hearing and granting 41 Motion for Extension of Time to File Response/Reply. The 7/30/2015 conference will now take in person in Room 504 North as requested by the Parties. Ordered by Magistrate Judge Vera M. Scanlon on 7/13/2015. (Lozar, Ryan)

July 13, 2015

July 13, 2015

PACER

Order on Motion for Hearing

July 13, 2015

July 13, 2015

PACER
42

RESPONSE in Opposition re 39 Letter MOTION to Compel Discovery Responses filed by All Defendants. (Brent, Jann) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
43

Joint MOTION for Protective Order by The Fortune Society. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Certificate of Service) (Downer, Ryan) (Entered: 07/13/2015)

1 Proposed Order

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2 Proposed Order

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3 Certificate of Service

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July 13, 2015

July 13, 2015

PACER
44

Letter to Supplement Plaintiff's Motion to Compel by The Fortune Society (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Certificate of Service) (Downer, Ryan) (Entered: 07/13/2015)

1 Exhibit 6

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2 Exhibit 7

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3 Certificate of Service

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July 13, 2015

July 13, 2015

PACER
45

Letter MOTION to Compel Discovery Responses by The Fortune Society. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service) (Downer, Ryan) (Entered: 07/28/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Certificate of Service

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July 28, 2015

July 28, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/30/2015 in Room 504 North. Glenn Schlactus, John Relman, Ryan Downer appearing for Plaintiff. Richard Walsh and Jann Brent appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #9:33-10:27.) (Quinlan, Krista)

July 30, 2015

July 30, 2015

PACER

Telephone Conference

July 30, 2015

July 30, 2015

PACER
46

ORDER granting 39 Motion to Compel; granting 43 Motion for Protective Order; STATUS REPORT ORDER: As discussed during the 7/30/2015 conference (see attached order for additional detail and deadlines), Plaintiff's motion for discovery at 39 is granted. Plaintiff have established that based on the temporal history of the policies development of Defendant entities, documents from 2006 forward may contain relevant policy information. Defendants will respond to the motion at 45 by 8/3/2015. No reply needed. The order at 43 is granted. By 8/7/2015, counsel will submit a letter with a proposed detailed discovery plan. Counsel are strongly encouraged to discuss settlement possibilities. Ordered by Magistrate Judge Vera M. Scanlon on 7/30/2015. (Quinlan, Krista) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

RECAP
47

First MOTION for Extension of Time to Complete Discovery to extend time to seek expert witness by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Attachments: # 1 Appendix, # 2 Appendix) (Walsh, Richard) (Entered: 07/31/2015)

1 Appendix

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2 Appendix

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July 31, 2015

July 31, 2015

PACER
48

Letter re Intent to File Opposition by The Fortune Society (Downer, Ryan) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
49

First MOTION for Protective Order concerning financial information, First MOTION for Extension of Time to File and serve answers to interrogatories and request to produce served on Defendant E&M by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Attachments: # 1 Declaration of service) (Walsh, Richard) (Entered: 08/03/2015)

1 Declaration of service

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Aug. 3, 2015

Aug. 3, 2015

PACER
50

RESPONSE to Motion re 45 Letter MOTION to Compel Discovery Responses filed by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Attachments: # 1 Declaration of service) (Walsh, Richard) (Entered: 08/03/2015)

1 Declaration of service

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Aug. 3, 2015

Aug. 3, 2015

PACER
51

AFFIDAVIT/DECLARATION in Support re 45 Letter MOTION to Compel Discovery Responses Corercted Declaration of Service of opposition to motion filed by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Walsh, Richard) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
52

RESPONSE in Opposition re 47 First MOTION for Extension of Time to Complete Discovery to extend time to seek expert witness filed by The Fortune Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service) (Downer, Ryan) (Entered: 08/05/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Certificate of Service

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Aug. 5, 2015

Aug. 5, 2015

PACER
53

Joint MOTION for Extension of Time to Complete Discovery by The Fortune Society. (Attachments: # 1 Exhibit A) (Downer, Ryan) (Entered: 08/07/2015)

1 Exhibit A

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Aug. 7, 2015

Aug. 7, 2015

PACER

ORDER granting 47 Motion for Extension of Time to Complete Expert discovery. On or before 8/26/2015, Defendants should serve their rebuttal expert report. Expert discovery will be extended in general as per the Parties' motion at 53 (see separate docket entry). Ordered by Magistrate Judge Vera M. Scanlon on 8/10/2015. (Lozar, Ryan) Modified on 8/17/2015 (Lozar, Ryan).

Aug. 10, 2015

Aug. 10, 2015

PACER

Order on Motion for Extension of Time to Complete Discovery

Aug. 10, 2015

Aug. 10, 2015

PACER

ORDER granting 53 Motion for Extension of Time to Complete Discovery. The Parties' proposed modified pretrial schedule at [53-1] is so ordered. Ordered by Magistrate Judge Vera M. Scanlon on 8/10/2015. (Lozar, Ryan)

Aug. 10, 2015

Aug. 10, 2015

PACER
54

MOTION to Amend/Correct/Supplement Order on Motion for Extension of Time to Complete Discovery, (Unopposed Motion for Clarification) by The Fortune Society. (Attachments: # 1 Certificate of Service) (Downer, Ryan) (Entered: 08/14/2015)

1 Certificate of Service

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Aug. 14, 2015

Aug. 14, 2015

PACER

ORDER granting 54 Motion to Amend/Correct/Supplement. The typographical error in the 8/10/2015 Docket Entry is now corrected to state that Defendants made the motion at 47 . In light of the Parties' need for clarification of that entry, Defendants may have an additional week to comply with the order contained therein, and must now file their expert rebuttal report on or before 9/4/2015. As previously ordered, expert discovery remains set to close on 12/11/2015. Ordered by Magistrate Judge Vera M. Scanlon on 8/17/2015. (Lozar, Ryan)

Aug. 17, 2015

Aug. 17, 2015

PACER

Order on Motion to Amend/Correct/Supplement

Aug. 17, 2015

Aug. 17, 2015

PACER

ORDER granting 45 Motion to Compel; denying 49 Motion for Protective Order; granting 49 Motion for Extension of Time to File. As better supported by the federal cases cited by Plaintiff in its motion, the Court's preferred practice is that all discovery be completed during the discovery period, including discovery relating to punitive damages, which could conceivably be awarded in this case were Plaintiff to be successful on its causes of action for housing discrimination. Defendants must produce information and documentation related to their net worth by 9/8/2015. If Defendants object to a particular request, they must confer with Plaintiff, and only raise the dispute with the Court if they cannot resolve it among themselves.//Defendants may have the additional time requested to respond to the outstanding requests. Ordered by Magistrate Judge Vera M. Scanlon on 8/27/2015. (Scanlon, Vera)

Aug. 27, 2015

Aug. 27, 2015

PACER

Order on Motion to Compel

Aug. 27, 2015

Aug. 27, 2015

PACER
55

Letter MOTION for Extension of Time to Complete Discovery to provide Rebuttal Expert Witness Report by E & M Associates LLC, Sandcastle Towers Housing Development Fund Corp., Sarasota Gold LLC, Weissman Realty Group LLC. (Attachments: # 1 Affidavit of Service Declaration of Service) (Walsh, Richard) (Entered: 09/02/2015)

1 Affidavit of Service Declaration of Service

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Sept. 2, 2015

Sept. 2, 2015

PACER
56

RESPONSE in Opposition re 55 Letter MOTION for Extension of Time to Complete Discovery to provide Rebuttal Expert Witness Report filed by The Fortune Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service) (Downer, Ryan) (Entered: 09/06/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Certificate of Service

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Sept. 6, 2015

Sept. 6, 2015

PACER

ORDER granting 55 Motion for Extension of Time to Complete Discovery. The requested extension is so ordered. Ordered by Magistrate Judge Vera M. Scanlon on 9/21/2015. (Quinlan, Krista)

Sept. 21, 2015

Sept. 21, 2015

PACER

Order on Motion for Extension of Time to Complete Discovery

Sept. 21, 2015

Sept. 21, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 30, 2014

Closing Date: Oct. 16, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit organization that helps formerly incarcerated individuals to find housing.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sarasota Gold LLC (Brooklyn, Kings), Private Entity/Person

Sandcastle Towers Housing Development Fund Corp. (Brooklyn, Kings), Non-profit or advocacy

Weissman Realty Group LLC (Lawrence, Nassau), Private Entity/Person

Defendant Type(s):

Multi-family housing provider

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 1,187,500

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Housing assistance

Pattern or Practice

Poverty/homelessness

Racial segregation

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic