Case: Mhany Management Inc. v. County Of Nassau

2:05-cv-02301 | U.S. District Court for the Eastern District of New York

Filed Date: May 12, 2005

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On May 12, 2005, individual New York residents and the New York ACORN local chapter filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued Nassau County and the Village of Garden City under 42 U.S.C. §1983, the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1964, citing violations of these acts as well as the Equal Protection Clause of the 14th Amendment. The plaintiffs asked the court to enjoin the defendants from procee…

On May 12, 2005, individual New York residents and the New York ACORN local chapter filed this lawsuit in the U.S. District Court for the Eastern District of New York. The plaintiffs sued Nassau County and the Village of Garden City under 42 U.S.C. §1983, the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1964, citing violations of these acts as well as the Equal Protection Clause of the 14th Amendment. The plaintiffs asked the court to enjoin the defendants from proceeding with discriminatory zoning practices; to order Garden City to approve a proposed zoning that would allow for affordable housing; and to order the defendants to take all actions necessary to assure that the Social Service Site be redeveloped to maximize the availability of affordable and integrated housing.

The plaintiffs claimed that Nassau County and Garden City had engaged in discriminatory zoning with regard to the "Social Service Site" in Garden City. While there had initially been plans to develop affordable housing on the site, residents of Garden City strongly objected to such plans at a public hearing. Garden City acquiesced to the demands of the public and granted zoning that would allow for luxury, single-family housing rather than integrated affordable housing units. The plaintiffs claimed that this continued a practice of segregated housing in Garden City and denied individual plaintiffs the opportunity to live in integrated housing within Garden City.

On November 30, 2005, the plaintiffs amended their complaint to include New York ACORN Housing Company (NYAHC) as a plaintiff. NYAHC was a non-profit community developer of affordable housing that had attempted to develop affordable housing in Nassau County for many years. NYAHC had submitted a proposal for affordable housing at the Social Service Site.

On March 10, 2006, both defendants submitted motions to dismiss the amended complaint. On July 21, 2006, District Judge Joseph F. Bianco denied these motions to dismiss, finding that the plaintiffs did have standing in court and had not failed to state a claim.

The parties engaged in discovery for several years. In late 2009, ACORN began facing organizational issues as a result of heavily edited videos that garnered public opposition to the organization. As a result, ACORN lost much of its funding and effectively closed. On June 15, 2010, District Judge Arthur D. Spatt ordered that the New York Communities for Change (NYCC) intervene as the practical, but not legal, successor to NY ACORN as plaintiff.

On July 29, 2011, defendants filed a motion for summary judgment. On February 15, 2012, Judge Spatt granted defendant County's motion for summary judgment dismissing all claims against it. Judge Spatt found that the County lacked the legal power over the zoning of the Social Services Site. Further, Judge Spatt found that the County's stated goals for the site were to increase profits, and a zoning that allowed for luxury single-family homes allowed the County to meet this stated goal. In the same order, Judge Spatt dismissed Garden City's motion for summary judgement and granted intervenor-plaintiff (NYCC) motion to amend the intervenor complaint to include the Civil Rights Act of 1871, 42 U.S.C. 1983, and the Equal Protection Clause of the 14th Amendment. 843 F.Supp.2d 287.

The parties continued with discovery. On December 6, 2013, Judge Spatt found that the plaintiffs had failed to establish liability on the part of the defendants under 42 U.S.C. §1982. Judge Spatt did find that the plaintiffs had established liability on the part of the defendant on its other charges:

(1) the FHA, 42 U.S.C. § 3601 et seq., based on a theory of disparate treatment and disparate impact;

(2) 42 U.S.C. § 1981;

(3) 42 U.S.C. § 1983; and

(4) the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Specifically, Judge Spatt found that in eliminating R-M zoning, which would have allowed for affordable housing units, and endorsing R-T zoning, which did not allow for affordable housing units, Garden City had acted with discriminatory intent. He based this finding on the discriminatory and racist language used by residents of Garden City at the public hearing about the housing development and based on the disparate impact of the zoning decision on minority communities. Judge Spatt directed the plaintiffs to submit a proposed remedial plan. 985 F. Supp. 2d 390.

On April 22, 2014, Judge Spatt issued a final order stating:

(1) Garden City cannot discriminate or interfere with fair housing opportunities;

(2) Garden City must adopt a fair housing resolution for zoning and other land use process;

(3) If the County decides to sell the Social Services Site, then Garden City will begin rezoning the site as an R-M site to allow for a residential multi-family development;

(4) Garden City must meet an Affordable Housing Requirement in which 10% of newly constructed residential developments of five units or more will be reserved for affordable housing;

(5) The city will develop fair housing trainings for all elected Garden City officials.

The judgment was set to last for five years.

The parties then began litigation over attorney's fees. On September 11, 2014 Judge Spatt ordered a temporary denial of attorney's fees because the case was going up on appeal.

Garden City appealed Judge Spatt's judgment that it had violated the Fair Housing Act, Section 1981, Section 1983, and the Equal Protection Clause. The plaintiffs appealed the 2012 grant of summary judgement dismissing claims against Nassau County.

On March 23, 2016, the Court of Appeals for the Second Circuit affirmed the lower court's decision with regard to Garden City's violations. The Second Circuit vacated the lower court's decision with regard to the defendant's liability as to disparate impact and remanded for further proceedings to determine whether the plaintiff met their burden of proving that "substantial legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect." The Second Circuit also affirmed the lower court's finding that the County did not have legal responsibility over Garden City's zoning. The Second Circuit remanded for the district court to address Nassau County's steering of affordable housing to certain, predominately non-white, communities in violation of the Civil Rights Act and the Fair Housing Act. 819 F.3d 581.

On September 19, 2017, Judge Spatt found that the plaintiffs had met their burden at trial in demonstrating that the Garden City’s proffered reasons for its chosen zoning change could have been met by another practice, such as R-M zoning, that had a less discriminatory effect. Therefore, he reaffirmed his previous holding that Garden City was liable under a disparate impact theory. However, because the parties had agreed that further discovery was required, Judge Spatt did not address the Second Circuit’s vacation and remand of his grant of summary judgment to the County on the plaintiffs’ steering claims. 2017 WL 4174787.

On November 30, 2017, Judge Spatt entered a final judgment against Garden City, finding that all the issues regarding the plaintiffs’ claims against Garden City had been fully and finally resolved.

On November 11, 2018, Magistrate Judge Arlene R. Lindsay awarded the plaintiffs $5,089,525.59 in attorneys’ fees and $183,425.74 in costs, for a total award of $5,272,951.35 against Garden City. On December 10, 2018, the plaintiffs filed a letter to Judge Lindsay, requesting that she revise the total award amount to $5,255,108.94 due to some minor miscalculations by the court. On December 13, 2018, Judge Lindsay amended her original order and awarded the plaintiffs the total award amount of $5,255,108.94.

Meanwhile, since the Second Circuit’s remand, the plaintiffs and the County had engaged in discovery and settlement talks. On March 15, 2019, Judge Spatt signed the parties’ stipulation of discontinuance with prejudice, except without prejudice as to the court’s jurisdiction for the purpose of interpretation or enforcement of the settlement agreement. The settlement agreement required the County to pay $5,400,000 to the plaintiffs to be used for the purpose of furthering and promoting mixed-income affordable housing; $120,000 to NYCC to be used for activities related to fair and affordable housing; and $400,000 to plaintiffs’ counsel for attorneys’ fees. The settlement agreement also required the County to: prepare a development and outreach plan, within 18 months of the effective date of the settlement, to promote fairness and equity in housing; encourage the construction or development of mixed income multi-family rental housing; issue requests seeking developers who will purchase or lead land from the County on which to develop mixed-income housing; begin a campaign of advertising to provide fair housing education; allocate money towards assisting in the construction or development of mixed-income rental housing; and to not discriminate on the basis of race or color.

Summary Authors

Gabriela Hybel (2/17/2017)

Lisa Limb (3/24/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4318888/parties/mhany-management-inc-v-county-of-nassau/


Judge(s)

Droney, Christopher Fitzgerald (New York)

Lindsay, Arlene Rosario (New York)

Lohier, Raymond Joseph Jr. (New York)

Pooler, Rosemary S. (New York)

Spatt, Arthur Donald (New York)

Attorneys(s) for Plaintiff

Birch, Nicole (District of Columbia)

Brandriss, Chava (New York)

Brewington, Frederick K (New York)

Bridges, Kim Frances (New York)

Brown, Stanley Joseph (New York)

Judge(s)

Droney, Christopher Fitzgerald (New York)

Lindsay, Arlene Rosario (New York)

Lohier, Raymond Joseph Jr. (New York)

Pooler, Rosemary S. (New York)

Spatt, Arthur Donald (New York)

Attorneys(s) for Plaintiff

Birch, Nicole (District of Columbia)

Brandriss, Chava (New York)

Brewington, Frederick K (New York)

Bridges, Kim Frances (New York)

Brown, Stanley Joseph (New York)

Cheng, Caroline H. (New York)

Cochet, Sabrina Helene (New York)

Dennin, Peter Joseph (New York)

DeSario, Nicole J. (District of Columbia)

Dorsainvil, Cynthia (New York)

Feinberg, Ira M. (New York)

Fleming, Benjamin Andrew (New York)

Gregory, Sarah Joy (New York)

Henriquez, Luz Maria (New York)

Hooks, Jonathan P. (District of Columbia)

Mesidor, Marjorie (New York)

Mullenbach, Linda H. (District of Columbia)

Rich, Joseph D. (District of Columbia)

Robertson, Jenny Rubin (New York)

Sakae, Megumi (Hawaii)

Sein, Andrew Jaan (New York)

Shafroth, Abigail E. (District of Columbia)

Silverstein, Thomas S. (District of Columbia)

Smith, Toby William (New York)

Starr, Michael (New York)

Sweeney, Paul B. (New York)

Wasick, Joanna F. (New York)

Attorneys(s) for Defendant

Asadullah, Sardar Mohammad (New York)

Augello, Cynthia Ann (New York)

Bohn, Douglas J. (New York)

Carvin, Michael Anthony (District of Columbia)

Goldin, David B. (New York)

Kasschau, Jared (New York)

Kreppein, Scott J. (New York)

Lynch, Karen (New York)

McLaughlin, Jennifer A. (New York)

Miller, Esther D. (New York)

O'Neill, Bethany Bresnaider (New York)

Podlesak, Gerald R. (New York)

Reissman, Ralph J. (New York)

Ronneburger, Ariel E. (New York)

Ryan, James G. (New York)

Savino, William M. (New York)

Scott, Andrew Reginald (New York)

Smirti, Stephen J. Jr. (New York)

Wassel, Thomas B. (New York)

Expert/Monitor/Master

Williams, Errol (New York)

Documents in the Clearinghouse

Document

2:05-cv-02301

Docket

March 18, 2019

March 18, 2019

Docket
1

2:05-cv-02301

Complaint for Declaratory and Injunctive Relief

May 12, 2005

May 12, 2005

Complaint
24

2:05-cv-02301

Amended Complaint for Declaratory Judgment and Injunctive Relief

Nov. 30, 2005

Nov. 30, 2005

Complaint
246

2:05-cv-02301

Order

270 F.R.D. 123

June 15, 2010

June 15, 2010

Order/Opinion
315

2:05-cv-02301

Memorandum of Decision and Order

843 F.Supp.2d 287

Feb. 15, 2012

Feb. 15, 2012

Order/Opinion
318

2:05-cv-02301

Amended Complaint in Intervention for Declaratory Judgment and Injunctive Relief

Feb. 29, 2012

Feb. 29, 2012

Complaint
413

2:05-cv-02301

Memorandum of Decision and Order

985 F.Supp.2d 390

Dec. 6, 2013

Dec. 6, 2013

Order/Opinion
431

2:05-cv-02301

Final Judgment

April 22, 2014

April 22, 2014

Order/Opinion
436

2:05-cv-02301

Defendants' Notice of Appeal

May 5, 2014

May 5, 2014

Pleading / Motion / Brief
468

2:05-cv-02301

Short Order

44 F.Supp.3d 283

Sept. 11, 2014

Sept. 11, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4318888/mhany-management-inc-v-county-of-nassau/

Last updated June 8, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Receipt #309802) against all defendants $ 250, filed by all plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Carine, Sandra) (Entered: 05/16/2005)

2 Civil Cover Sheet

View on PACER

May 12, 2005

May 12, 2005

PACER

Summons Issued as to County of Nassau, Nassau County Planning Commission, Nassau County Office of Real Estate & Development, Incorporated Village of Garden City, Garden City Board of Trustees. (Carine, Sandra)

May 12, 2005

May 12, 2005

PACER
2

DISCLOSURE of Interested Parties by Vernon Ghullkie, Natalie Guerrido, Acorn, Daphne Andrews, Vic Devita.(Carine, Sandra) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

PACER

Case Ineligible for Arbitration(Bollbach, Jean)

May 16, 2005

May 16, 2005

PACER
3

SUMMONS Returned Executed by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. Nassau County Office of Real Estate & Development served on 5/13/2005, answer due 6/2/2005. (Bridges, Kim) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
4

SUMMONS Returned Executed by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. County of Nassau served on 5/13/2005, answer due 6/2/2005. (Bridges, Kim) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
5

SUMMONS Returned Executed by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. Nassau County Planning Commission served on 5/13/2005, answer due 6/2/2005. (Bridges, Kim) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
6

SUMMONS Returned Executed by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. Incorporated Village of Garden City served on 5/13/2005, answer due 6/2/2005. (Bridges, Kim) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
7

SUMMONS Returned Executed by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. Garden City Board of Trustees served on 5/13/2005, answer due 6/2/2005. (Bridges, Kim) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
8

AFFIDAVIT of Service by Acorn. (Brewington, Frederick) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
9

AFFIDAVIT of service by Acorn. (Brewington, Frederick) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
10

AFFIDAVIT of service by Acorn. (Brewington, Frederick) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
11

AFFIDAVIT of service by Acorn. (Brewington, Frederick) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
12

AFFIDAVIT of service by Acorn. (Brewington, Frederick) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

PACER
13

STIPULATION to Extend Time to Answer by County of Nassau, Nassau County Planning Commission, Nassau County Office of Real Estate & Development. (Attachments: # 1 Stipulation to Extend Time to Answer)(Bresnaider O'Neill, Bethany) (Entered: 06/08/2005)

2 Stipulation to Extend Time to Answer

View on PACER

June 8, 2005

June 8, 2005

PACER

ORDER The stipulation extending the Nassau County Defendants' time to answer, docketed as attacment #1 to 13, is hereby SO ORDERED. Ordered by Judge William D. Wall on 6/9/05. (Disbrow, Sandra)

June 9, 2005

June 9, 2005

PACER
14

Notice of MOTION for Limited Admission of Jonathan P. Hooks and Nicole J. De Sario by Vernon Ghullkie, Natalie Guerrido, Daphne Andrews, Vic Devita. (Attachments: # 1 Affidavit of Paul B. Sweeney in Support# 2 Affidavit of Jonathan P. Hooks# 3 Affidavit of Nicole J. De Sario# 4 Text of Proposed Order # 5 Certificate of Service)(Sweeney, Paul) (Entered: 06/14/2005)

2 Affidavit of Paul B. Sweeney in Support

View on PACER

3 Affidavit of Jonathan P. Hooks

View on PACER

4 Affidavit of Nicole J. De Sario

View on PACER

5 Text of Proposed Order

View on PACER

6 Certificate of Service

View on PACER

June 14, 2005

June 14, 2005

PACER

ORDER granting 14 Motion for Limited Admission Pro Hac Vice, contingent upon payment of the appropriate fees pursuant to Local Civil Rule 1.3. Ordered by JudgeWilliam D. Wall on 6/15/05. (Disbrow, Sandra)

June 15, 2005

June 15, 2005

PACER

FILING FEE: $ 50.00, receipt number 310886 for the admission pro hac vice of Jonathan Hooks and Nicole DeSario (Talbott, Thomas)

June 17, 2005

June 17, 2005

PACER
15

STIPULATION re 1 Complaint Extending Time to Answer by Incorporated Village of Garden City, Garden City Board of Trustees. (Ryan, James) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

PACER
16

NOTICE of Appearance by James G. Ryan on behalf of Incorporated Village of Garden City, Garden City Board of Trustees (Attachments: # 1 Affidavit of Service)(Ryan, James) (Entered: 06/23/2005)

2 Affidavit of Service

View on PACER

June 23, 2005

June 23, 2005

PACER

ORDER re 15 The stipulation extending the Garden City Defendants' time to answer is hereby SO ORDERED. Ordered by Judge William D. Wall on 6/27/05. (Disbrow, Sandra)

June 27, 2005

June 27, 2005

PACER
17

Letter MOTION for Hearing for Motion to Dismiss by Incorporated Village of Garden City, Garden City Board of Trustees. (Ryan, James) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
18

Letter from David B. Goldin to Hon. Leonard D. Wexler Regarding a request for a pre-motion conference. (Goldin, David) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
19

NOTICE of Appearance by David Bruce Goldin on behalf of County of Nassau, Nassau County Planning Commission, Nassau County Office of Real Estate & Development (Goldin, David) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
20

AFFIDAVIT of Service for Notice of Appearance served on Paul B. Sweeney, Esq., James G. Ryan, Esq., and Law Offices of Frederick K. Brewington on July 13, 2005, filed by County of Nassau, Nassau County Planning Commission, Nassau County Office of Real Estate & Development. (Goldin, David) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
21

Letter from Paul B. Sweeney to The Honorable Leonard D. Wexler Regarding plaintiffs' response to the defendants' requests for a pre-motion conference regarding their anticipated motions to dismiss. (Sweeney, Paul) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

PACER
22

Letter from Paul Sweeney to Judge Wexler Regarding Pre-Motion Conference. (Sweeney, Paul) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

PACER
23

Minute Entry for proceedings held before Leonard D. Wexler on 9/12/05 at 11:00 am. Case called. Counsel for all parties present. Conf. held. Deft's request to file motion to dismiss is GRANTED. Dft's request to stay discovery is GRANTED. Parties to agree on briefing schedule. Conf. concluded. (Montero, Edher) (Entered: 09/19/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER

Motion terminated, 17 Letter MOTION for Hearing for Motion to Dismiss filed by Incorporated Village of Garden City, Garden City Board of Trustees. Hearing held on 9/12/05. (Talbott, Thomas)

Sept. 12, 2005

Sept. 12, 2005

PACER
24

AMENDED COMPLAINT against County of Nassau, Incorporated Village of Garden City, Garden City Board of Trustees, filed by Lisbett Hunter, McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Natalie Guerrido, Acorn, Vic Devita. (Attachments: # 1 Certificate of Service)(Sweeney, Paul) (Entered: 11/30/2005)

2 Certificate of Service

View on PACER

Nov. 30, 2005

Nov. 30, 2005

PACER
25

DISCLOSURE of Interested Parties by New York Acorn Housing Company.(Sweeney, Paul) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
26

NOTICE by McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Natalie Guerrido, Acorn, Lisbett Hunter, Vic Devita of Dismissal of Claims Against Certain Defendants (Attachments: # 1 Certificate of Service)(Sweeney, Paul) (Entered: 11/30/2005)

2 Certificate of Service

View on PACER

Nov. 30, 2005

Nov. 30, 2005

PACER
27

Letter from Paul B. Sweeney to The Honorable Leonard D. Wexler Regarding filing of amended complaint and motions to dismiss. (Sweeney, Paul) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER

ENDORSED ORDER re 26 Notice filed by plaintiffs: Plaintiffs hereby voluntarily dismiss, without prejudice all claims against defts, Nassau County Planning Commission and Nassau County Office of Real Estate & Development. (Ordered by Judge Leonard D. Wexler on 12/6/05). c/m eod #26(Montero, Edher)

Dec. 6, 2005

Dec. 6, 2005

PACER
28

Letter from Paul B. Sweeney to The Honorable Leonard D. Wexler Regarding briefing schedule for motion to dismiss amended complaint. (Sweeney, Paul) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER

ORDER re 18 Letter. A pre-motion conference is unnecessary; the parties' proposed briefing schedule is So Ordered by Judge Leonard D. Wexler on 12/16/05. (Ausili, Peter)

Dec. 16, 2005

Dec. 16, 2005

PACER

Case reassigned to Judge Joseph F. Bianco. Judge Leonard D. Wexler no longer assigned to the case. (Bowens, Priscilla)

Feb. 9, 2006

Feb. 9, 2006

PACER
29

Letter Plaintiffs' Letter Requesting Extension to Page Limit for Opposition to Motions to Dismiss by McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Natalie Guerrido, Acorn, Lisbett Hunter, Vic Devita. (Sweeney, Paul) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER

ORDER re 29 Letter filed by counsel for plaintiffs. The unopposed request by plaintiffs to file a 40 page opposition brief is GRANTED. Ordered by Judge Joseph F. Bianco on 2/15/06. (Blanche, Todd)

Feb. 15, 2006

Feb. 15, 2006

PACER
30

Notice of MOTION to Dismiss by County of Nassau. Responses due by 3/10/2006 (Attachments: # 1 Nassau County's Memorandum of Law in Support of Motion to Dismiss the Amended Complaint# 2 Affidavit Defendant (Nassau County) Affidavit of Service)(Bresnaider O'Neill, Bethany) (Entered: 03/10/2006)

2 Nassau County's Memorandum of Law in Support of Motion to Dismiss the Amen

View on PACER

3 Affidavit Defendant (Nassau County) Affidavit of Service

View on PACER

March 10, 2006

March 10, 2006

PACER
31

RESPONSE in Opposition re 30 Notice of MOTION to Dismiss the amended complaint filed by all plaintiffs. (Bresnaider O'Neill, Bethany) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
32

REPLY to Response to Motion re 30 Notice of MOTION to Dismiss the amended complaint filed by County of Nassau. (Bresnaider O'Neill, Bethany) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
33

Letter requesting oral argument of the Defendant's Motion to Dismiss the Amended Complaint (Document Number 30) by County of Nassau. (Bresnaider O'Neill, Bethany) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
34

MOTION to Dismiss Amended Complaint by Incorporated Village of Garden City, Garden City Board of Trustees. Responses due by 3/10/2006 (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Ryan, James) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

PACER
35

ORDER: SEE ATTACHED ORDER setting oral argument on the outstanding motions on June 26, 2006 at 2:00 p.m. in the United States Federal Courthouse, 100 Federal Plaza, Central Islip, New York, Courtroom 920. Ordered by Judge Joseph F. Bianco on 6/9/06. (Blanche, Todd) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
36

Calendar Entry for proceedings held before The Honorable Joseph F. Bianco, United States District Judge on 6/26/06 at 2:00 p.m. for Civil Cause for Oral Argument; Appearances: Pltff(s). Attny: Paul B. Sweeney, present; Jonathan P. Hooks, present; Deft(s). Attny.: James G. Ryan, present; Esther D. Miller, present; Reporter: Perry Auerbach; Courtroom Deputy: Michele Savona. Case called. Argument heard. Decision: Reserved. (Fagan, Linda) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

PACER
37

MEMORANDUM AND ORDER. SEE ATTACHED memorandum and order denying 30 34 motions to dismiss, and directing the parties to proceed with discovery in accordance with the direction of Magistrate Judge Wall. Ordered by JudgeJoseph F. Bianco on 7/21/06. (Blanche, Todd) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

RECAP
38

ORDER: Scheduling initial conference for 9/6/06. See order and attachments. Ordered by Judge William D. Wall on 7/21/06. (Attachments: # 1 WDW rules# 2 ECF notice) c/e(Disbrow, Sandra) (Entered: 07/21/2006)

2 WDW rules

View on PACER

3 ECF notice

View on PACER

July 21, 2006

July 21, 2006

PACER
39

MOTION to Withdraw as Attorney by all plaintiffs. (Desario, Nicole) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

PACER
40

NOTICE of Appearance by Andrew Reginald Scott on behalf of County of Nassau (Scott, Andrew) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
41

First MOTION for Extension of Time to File Answer by County of Nassau. (Scott, Andrew) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
42

First MOTION for Extension of Time to File Answer to Amended Complaint (corrected) by County of Nassau. (Scott, Andrew) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER
43

Letter Extending Time to Answer Amended Complaint by Incorporated Village of Garden City Board of Trustees and by Incorporated Village of Garden City. (Ryan, James) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

PACER

Motions terminated; 41 First MOTION for Extension of Time to File Answer filed by County of Nassau. (See 42 (corrected) Motion.) (Fagan, Linda)

Aug. 4, 2006

Aug. 4, 2006

PACER

ORDER granting 42 Motion for Extension of Time to File Answer to Amended Complaint (corrected). County of Nassau answer due 8/18/2006. Ordered by JudgeWilliam D. Wall on 08/07/06. (Hepworth, F.)

Aug. 7, 2006

Aug. 7, 2006

PACER

ORDER TO ANSWER re 43 Letter filed by Incorporated Village of Garden City. Garden City Board of Trustees answer due 8/18/2006. The parties are advised that, in future, all requests to Judge Wall for court intervention must be docketed as letter motions or motions, not as letters, pursuant to the undersigned's Individual Rules1(C), 2(C), and/or 3(A), or the application will be rejected. Ordered by Judge William D. Wall on 08/07/06. (Hepworth, F.)

Aug. 7, 2006

Aug. 7, 2006

PACER
44

ANSWER to Amended Complaint by Garden City Board of Trustees and by Incorporated Village of Garden City.(Ryan, James) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
45

ANSWER to Amended Complaint by County of Nassau.(Miller, Esther) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

RECAP
46

NOTICE of Appearance by Jenny Rubin Robertson on behalf of McCray, Francine, Vernon Ghullkie, Natalie Guerrido, Lisbett Hunter, Vic Devita (Attachments: # 1 Certificate of Service)(Robertson, Jenny) (Entered: 08/22/2006)

2 Certificate of Service

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Aug. 22, 2006

Aug. 22, 2006

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47

NOTICE of Appearance by Cynthia Dorsainvil Sleet on behalf of McCray, Francine, Vernon Ghullkie, Natalie Guerrido, Lisbett Hunter, Vic Devita (Attachments: # 1 Certificate of Service)(Sleet, Cynthia) (Entered: 08/24/2006)

2 Certificate of Service

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Aug. 24, 2006

Aug. 24, 2006

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48

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Certificate of Service)(Sweeney, Paul) (Entered: 08/25/2006)

2 Certificate of Service

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Aug. 25, 2006

Aug. 25, 2006

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Incorrect Case/Document/Entry Information. Document 49 REPORT of Rule 26(f) Planning Meeting, filed on 8/25/06 has been deleted. (The document was a duplicate to the 48 Report of Rule 26(f) Planning Meeting. All corrections have been made.) (Fagan, Linda)

Aug. 25, 2006

Aug. 25, 2006

PACER
49

Minute Entry & ORDER for proceedings held before William D. Wall : Initial Conference held on 9/6/2006. The court has adopted and So Ordered the joint proposed discovery plan 48, with the exception of paragraph 6 which is stricken. Next status conference 1/10/07. See attached order. Ordered by William D. Wall on 9/6/06. c/g (Disbrow, Sandra) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

PACER
50

STIPULATION of Dismissal as to all defendants by Natalie Guerrido. (Bridges, Kim) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
51

ORDER re 50 Stipulation of Dismissal filed by Natalie Guerrido; It Is Stipulated And Agreed, that all claims brought by pltff Natalie Guerrido shall be dismissed without prejudice as to all defts purs. to Rule 41(a)(1)(ii) of the F.R.C.P., and with each party to bear its own costs and attorneys' fees; that only claims brought by Natalie Guerrido shall be dismissed; and that the other pltffs shall proceed with their claims. So Ordered. ( Ordered by Judge Joseph F. Bianco on 10/24/06. )(Fagan, Linda) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

PACER
52

Letter MOTION to Compel Discovery by McCray, Francine, Vernon Ghullkie, Lisbett Hunter, Vic Devita. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Robertson, Jenny) (Entered: 11/21/2006)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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Nov. 21, 2006

Nov. 21, 2006

PACER
53

Notice of MOTION for Leave to Appear Pro Hac Vice of Joseph D. Rich and Nicole L. Birch by McCray, Francine, Vernon Ghullkie, Lisbett Hunter, Vic Devita. (Attachments: # 1 Proposed Order for Admission# 2 Declaration of Kim F. Bridges# 3 Affidavit of Joseph D. Rich# 4 Affidavit of Nicole L. Birch# 5 Certificate of Service)(Bridges, Kim) (Entered: 11/22/2006)

2 Proposed Order for Admission

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3 Declaration of Kim F. Bridges

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4 Affidavit of Joseph D. Rich

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5 Affidavit of Nicole L. Birch

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6 Certificate of Service

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Nov. 22, 2006

Nov. 22, 2006

PACER

ELECTRONIC ORDER granting 53 Motion for Leave to Appear pro hac vice Joseph D. Rich and Nicole Birch for plaintiffs. The motion is granted contingent upon payment of the appropriate fees pursuant to Local Civil Rule 1.3. Counsel is further directed to register for ECF immediately. Ordered by JudgeWilliam D. Wall on 11/27/06. (Disbrow, Sandra)

Nov. 27, 2006

Nov. 27, 2006

PACER
54

RESPONSE in Opposition re 52 Letter MOTION to Compel Discovery with exhibits filed by County of Nassau. (Attachments: # 1 Exhibit County Exhibits A-H)(Scott, Andrew) (Entered: 11/27/2006)

2 Exhibit County Exhibits A-H

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Nov. 27, 2006

Nov. 27, 2006

PACER
55

Letter MOTION for Discovery in opposition to Defendant Nassau County's cross-motion for a protective order by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Sweeney, Paul) (Entered: 12/01/2006)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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Dec. 1, 2006

Dec. 1, 2006

PACER

ELECTRONIC ORDER denying 55 . The filing is rejected for failure to comply with Local Civil Rule 37.3(c) and the undersigned's individual rules. Responses to letter motions may not exceed 3 pages. Additionally, responses in opposition must be filed as such and not as an additional motion. Plaintiffs may refile their response accordingly. Ordered by JudgeWilliam D. Wall on 12/4/06. (Disbrow, Sandra)

Dec. 4, 2006

Dec. 4, 2006

PACER
56

Letter in opposition to Defendant County of Nassau's cross-motion for a protective order in its 11/27/06 letter by McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Acorn, Daphne Andrews, Lisbett Hunter, Vic Devita. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Bridges, Kim) (Entered: 12/05/2006)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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Dec. 5, 2006

Dec. 5, 2006

PACER

ELECTRONIC ORDER: A conference regarding the pending discovery motions has been scheduled for 12/14/06 at 1:30 p.m. Any motion to adjourn this conference must include proposed alternae dates acceptable to all parties. Ordered by Judge William D. Wall on 12/8/06. (Disbrow, Sandra)

Dec. 8, 2006

Dec. 8, 2006

PACER

Minute Entry for proceedings held before William D. Wall : Discovery conference held on 12/14/2006. (Disbrow, Sandra)

Dec. 14, 2006

Dec. 14, 2006

PACER
57

ORDER denying as moot, without prejudice, 52 Motion to Compel and 54 cross-motion for protective order. The parties shall meet and confer on all the issues raised in the motions. Next status conference will be held on 1/10/07. See attached order. Ordered by JudgeWilliam D. Wall on 12/14/06. c/g (Disbrow, Sandra) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
58

Letter MOTION to Compel Testimony and Documents from the Garden City Defendants by McCray, Francine, Vernon Ghullkie, Lisbett Hunter, Vic Devita. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Bridges, Kim) (Entered: 01/03/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Jan. 3, 2007

Jan. 3, 2007

PACER
59

NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau (Reissman, Ralph) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
60

RESPONSE in Opposition re 58 Letter MOTION to Compel Testimony and Documents from the Garden City Defendants Incorporated Village of Garden City and Garden City Board of Trustees filed by Incorporated Village of Garden City, Garden City Board of Trustees. (Attachments: # 1) (Ryan, James) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
61

NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau (Reissman, Ralph) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
62

NOTICE of Appearance by Peter Joseph Dennin on behalf of McCray, Francine, Vernon Ghullkie, Lisbett Hunter, Vic Devita (Attachments: # 1 Certificate of Service) (Dennin, Peter) (Entered: 01/09/2007)

2 Certificate of Service

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Jan. 9, 2007

Jan. 9, 2007

PACER
63

NOTICE of Change of ADD ATTORNEY TO E-MAIL NOTICE OF ELECTRONIC CASE FILINGS -- NEW E-MAIL ADDRESS by Ralph J. Reissman (Reissman, Ralph) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
64

Minute Order. Proceedings held before Judge William D. Wall : Status Conference held on 1/10/2007. The parties shall submit briefs regarding the assertion of legislative privilege no later than 1/24/07. Next status confernece will be held on 2/28/07 at 10:00 a.m. Ordered by William D. Wall on 1/10/07. c/g (Disbrow, Sandra) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
65

Letter requesting confidentiality order be so ordered by Incorporated Village of Garden City, Garden City Board of Trustees (Attachments: # 1 Confidentiality Order) (McLaughlin, Jennifer) (Entered: 01/12/2007)

2 Confidentiality Order

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Jan. 12, 2007

Jan. 12, 2007

PACER

ELECTRONIC ORDER The Stipulation and Order for the Protection of Confidential Information submitted by the parties and docketed as [65-2] is hereby So Ordered. Ordered by Judge William D. Wall on 1/19/07. (Disbrow, Sandra)

Jan. 19, 2007

Jan. 19, 2007

PACER
66

Notice of MOTION to Compel Deposition Testimony and Documents from the Garden City Defendants by all plaintiffs. (Bridges, Kim) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
67

MEMORANDUM in Support re 66 Notice of MOTION to Compel Deposition Testimony and Documents from the Garden City Defendants by all plaintiffs. (Bridges, Kim) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
68

CERTIFICATE OF SERVICE by McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Natalie Guerrido, Acorn, Daphne Andrews, Lisbett Hunter, Vic Devita re 67 Memorandum in Support, 66 Notice of MOTION to Compel Deposition Testimony and Documents from the Garden City Defendants (Bridges, Kim) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
69

RESPONSE in Opposition re 66 Notice of MOTION to Compel Deposition Testimony and Documents from the Garden City Defendants, 58 Letter MOTION to Compel Testimony and Documents from the Garden City Defendants Memorandum of Law filed by Incorporated Village of Garden City, Garden City Board of Trustees. (Attachments: # 1 Affidavit Robert L. Schoelle, Jr.# 2 Affidavit Michael D. Fillipon# 3 Exhibit A to Filippon Affidavit) (Ryan, James) (Entered: 01/24/2007)

2 Affidavit Robert L. Schoelle, Jr.

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3 Affidavit Michael D. Fillipon

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4 Exhibit A to Filippon Affidavit

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Jan. 24, 2007

Jan. 24, 2007

PACER
70

Letter Federal Expressing to Judge Wall courtesy copies of Memorandum of Law Supplementing Letter Submission Dated January 8, 2007 by Incorporated Village of Garden City, Garden City Board of Trustees (Ryan, James) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
71

ORDER granting 39 Motion to Withdraw as Attorney. The Court grants leave for Nicole J. DeSario to withdraw as counsel for plaintiffs. She is relieved of futher responsibility to the Court. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/25/2007. (Fee, Adam) Additional attachment(s) added on 1/29/2007 (Fagan, Linda). (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

PACER
72

Minute Entry & ORDER for proceedings held before William D. Wall : Status Conference held on 2/28/2007. Next status conference will be held on 4/18/07. Ordered by William D. Wall on 2/28/07. c/g (Disbrow, Sandra) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
73

Supplemental MOTION to Compel Testimony and Documents from the Garden City Defendants by all Plaintiffs by McCray, Francine, New York Acorn Housing Company, Vernon Ghullkie, Acorn, Lisbett Hunter, Vic Devita. (Bridges, Kim) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

PACER
74

Letter supplementing submission with regard to legislative privilege by Incorporated Village of Garden City, Garden City Board of Trustees (McLaughlin, Jennifer) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

PACER
75

NOTICE of Appearance by Karen Schmidt on behalf of County of Nassau (aty to be noticed) (Schmidt, Karen) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

PACER

ELECTRONIC ORDER: The status conference scheduled for 4/18/07 is adjourned to 4/20/07 at 10:00 a.m. Ordered by Judge William D. Wall on 4/16/07. (Disbrow, Sandra)

April 17, 2007

April 17, 2007

PACER
76

Minute Entry & ORDER for proceedings held before William D. Wall : Status Conference held on 4/20/2007. Discovery is ongoing. The parties shall submit a joint proposed amended discovery plan within 10 days. Ordered by William D. Wall on 4/20/07. c/g (Disbrow, Sandra) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

PACER
77

NOTICE by McCray, Francine, Vernon Ghullkie, Lisbett Hunter, Vic Devita Amended Report of Parties' Discovery Planning Conference Pursuant to Rule 26(F) (Bridges, Kim) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

RECAP
78

STATUS REPORT with regard to amending November 27, 2006 privilege log by Incorporated Village of Garden City, Garden City Board of Trustees (McLaughlin, Jennifer) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

PACER
79

Letter enclosing amended privilege log of BFJ documents by Incorporated Village of Garden City, Garden City Board of Trustees (McLaughlin, Jennifer) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: May 12, 2005

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals and the New York Association of Community Organizations alleging discriminatory housing practices.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Village of Garden City (Nassau), City

Nassau County (Nassau), County

Defendant Type(s):

Housing Authority

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

42 U.S.C. § 1982

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

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

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $5,400,000

Order Duration: 2014 - 2019

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Issues

General:

Disparate Impact

Housing

Racial segregation

Discrimination-area:

Housing Sales/Rental

Steering

Discrimination-basis:

Race discrimination

Race:

Black