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Case: Lambert v. Alexander County Housing Authority

3:16-cv-00513 | U.S. District Court for the Southern District of Illinois

Filed Date: May 10, 2016

Closed Date: Sept. 12, 2017

Clearinghouse coding complete

Case Summary

On May 10, 2016, this class-action lawsuit was filed in the U.S. District Court for the Southern District of Illinois on behalf of over 1,000 current and former residents of Alexander County Housing Authority (ACHA) to remedy allegations of rampant discrimination based on race and family status as well as rent overcharges and a failure to maintain rental units. The plaintiffs sued ACHA under the Fair Housing Act, 42 U.S.C. § 1983, Title VI of the Civil Rights Act, and state law, seeking injunct…

On May 10, 2016, this class-action lawsuit was filed in the U.S. District Court for the Southern District of Illinois on behalf of over 1,000 current and former residents of Alexander County Housing Authority (ACHA) to remedy allegations of rampant discrimination based on race and family status as well as rent overcharges and a failure to maintain rental units. The plaintiffs sued ACHA under the Fair Housing Act, 42 U.S.C. § 1983, Title VI of the Civil Rights Act, and state law, seeking injunctive relief and damages. Represented by the Sargent Shriver National Center of Poverty Law and private counsel, the plaintiffs claimed that ACHA has persisted in racially discriminatory practices for the past 40 years, pointing to a previously settled lawsuit in which the Department of Justice found a pattern and practice of racially segregated housing. The plaintiffs also alleged that ACHA had ignored multiple requests to adequately maintain the housing units.

After filing three additional amended complaints, which included adding and removing individual plaintiffs and dropping the putative class-action claims for damages, as well as engaging in some discovery, the parties started participating in settlement conferences with Magistrate Judge Reona J. Daly. On July 27, 2017, the majority of the plaintiffs stipulated with the defendants to dismiss the case with prejudice and without costs. Three remaining plaintiffs failed to respond to the court on whether they intended to proceed with the case. On September 12, 2017, Chief Judge Michael J. Reagan dismissed and closed the case after the three remaining plaintiffs failed to further prosecute the case.

Summary Authors

Abigail DeHart (5/11/2017)

Lisa Limb (3/20/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4509007/parties/lambert-v-alexander-county-housing-authority/


Judge(s)

Daly, Reona (Illinois)

Reagan, Michael Joseph (Illinois)

Attorneys(s) for Plaintiff

Coffey, Emily J. (Illinois)

Herrera, Kevin L. (Illinois)

Walz, Katherine Elizabeth (Illinois)

Wilmes, Christopher J. (Illinois)

Wysong, Charles (Illinois)

Attorneys(s) for Defendant

Cozart, Jessica B. (Missouri)

Geoghegan, Carolyn J. (Missouri)

Moore, Stephen J. (Missouri)

Judge(s)

Daly, Reona (Illinois)

Reagan, Michael Joseph (Illinois)

Attorneys(s) for Plaintiff

Coffey, Emily J. (Illinois)

Herrera, Kevin L. (Illinois)

Walz, Katherine Elizabeth (Illinois)

Wilmes, Christopher J. (Illinois)

Wysong, Charles (Illinois)

Attorneys(s) for Defendant

Cozart, Jessica B. (Missouri)

Geoghegan, Carolyn J. (Missouri)

Moore, Stephen J. (Missouri)

Documents in the Clearinghouse

Document

3:16-cv-00513

Docket [PACER]

Sept. 12, 2017

Sept. 12, 2017

Docket
1

3:16-cv-00513

Complaint

May 10, 2016

May 10, 2016

Complaint
66

3:16-cv-00513

Third Amended Complaint

Feb. 13, 2017

Feb. 13, 2017

Complaint
97

3:16-cv-00513

Stipulation of Dismissal

July 27, 2017

July 27, 2017

Pleading / Motion / Brief
102

3:16-cv-00513

Memorandum & Order

Sept. 12, 2017

Sept. 12, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4509007/lambert-v-alexander-county-housing-authority/

Last updated Nov. 28, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 400 receipt number 0754-2934406.), filed by All Plaintiffs. (Attachments: # 1 Exhibit A - HUD Letter, # 2 Exhibit B - Sample Lease)(Wilmes, Christopher) (Entered: 05/10/2016)

1 Exhibit A - HUD Letter

View on PACER

2 Exhibit B - Sample Lease

View on PACER

May 10, 2016

May 10, 2016

RECAP
2

NOTICE of Appearance by Christopher J. Wilmes on behalf of All Plaintiffs (Wilmes, Christopher) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
3

EXHIBIT by All Plaintiffs. Exhibit to 1 Complaint (Civil Cover Sheet). (Wilmes, Christopher) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
4

Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Philip M. Frazier assigned. All future documents must bear case number 16-513-MJR-PMF. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (tkm) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
5

Summons Requested. (Attachments: # 1 Summons to Defendant Wilson, # 2 Summons to Defendant Franklin, # 3 Summons to Defendant Upchurch, # 4 Summons to Defendant Pink)(Wilmes, Christopher) (Entered: 05/13/2016)

1 Summons to Defendant Wilson

View on PACER

2 Summons to Defendant Franklin

View on PACER

3 Summons to Defendant Upchurch

View on PACER

4 Summons to Defendant Pink

View on PACER

May 13, 2016

May 13, 2016

PACER
6

Summons Issued as to Alexander County Housing Authority (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
7

Summons Issued as to James Wilson (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
8

Summons Issued as to Thomas Upchurch (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
9

Summons Issued as to Joanne Pink (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
10

Summons Issued as to Martha Franklin (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
11

SUMMONS Returned Executed by All Plaintiffs. Alexander County Housing Authority served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
12

SUMMONS Returned Executed by All Plaintiffs. James Wilson served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
13

SUMMONS Returned Executed by All Plaintiffs. Thomas Upchurch served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
14

SUMMONS Returned Executed by All Plaintiffs. Joanne Pink served on 5/20/2016, answer due 6/10/2016. (Wilmes, Christopher) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
15

SUMMONS Returned Executed by All Plaintiffs. Martha Franklin served on 5/20/2016, answer due 6/10/2016. (Wilmes, Christopher) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
16

Consent MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Moore, Stephen) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
17

NOTICE of Appearance by Stephen J. Moore on behalf of All Defendants (Moore, Stephen) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
18

ENTRY STRICKEN - NOTICE of Appearance by Stephen J. Moore on behalf of All Defendants (Moore, Stephen) Modified on 6/7/2016 (tkm). (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
19

PRO SE RESPONSE to 1 Complaint by James Wilson.(slh) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
20

ORDER granting 16 Motion for Extension of Time to Answer. The defendants demonstrate good cause for an extension of time. The deadline for the defendants to file an answer or otherwise respond to plaintiffs' complaint is hereby extended to June 28, 2016. Signed by Magistrate Judge Philip M. Frazier on 6/7/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
21

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 18 Notice of Appearance filed by James Wilson, Martha Franklin, Joanne Pink, Thomas Upchurch, Alexander County Housing Authority. Login and password of Stephen Moore used; however, the document is signed by Jessica B. Cozart. Signature on the document must match the login and password used to file the document.Docket entry STRICKEN as Ordered by the Court. Document must be re-filed. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
22

NOTICE of Appearance by Jessica B. Cozart on behalf of All Defendants (Cozart, Jessica) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
23

CJRA TRACK D assigned: Final Pretrial Conference set for 4/6/2018 at 10:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Jury Trial set for 4/16/2018 at 09:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Signed by Chief Judge Michael J. Reagan on 06/10/16. (Attachments: # 1 Consent to Magistrate Judge)(dkd) (Entered: 06/10/2016)

1 Consent to Magistrate Judge

View on PACER

June 10, 2016

June 10, 2016

PACER
24

NOTICE of Scheduling and Discovery Conference: Scheduling/Discovery Conference set for 7/19/2016 at 10:30 AM via telephone before Magistrate Judge Philip M. Frazier. To join the conference call the parties should call 888-684-8852. The access code is 1026624. The security code is 6433. Lead counsel for the parties must participate in the conference. (krm) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
25

ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Frazier and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Frazier's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 6/14/2016. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
26

Response to 1 Complaint by Martha Franklin.(slh) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
27

Joint MOTION to Stay Proceedings by All Defendants. (Attachments: # 1 Proposed Order - Deleted)(Moore, Stephen) Modified on 6/28/2016 (tkm). (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
28

NOTICE OF ERRORS AND/OR DEFICIENCIES re 27 Motion to Stay filed by James Wilson, Martha Franklin, Joanne Pink, Thomas Upchurch, Alexander County Housing Authority. See attached document for specifics (tkm) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
29

MOTION for Extension of Time to File Answer by All Defendants. (Moore, Stephen) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
30

ORDER: On June 10, 2016, the Court assigned this case to Track D, the longest track available for civil cases, and assigned it a trial date of April 16, 2018. On June 27, 2016, the parties jointly moved for a 60-day stay so that they can explore an informal resolution of this case. The decision to stay a case is entrusted to the Court's discretion, and given the lengthy trial practice schedule that the parties will enjoy in this case, the Court is not of the view that a stay is necessary to allow the parties to explore an early resolution. The motion for a stay (Doc. 27 ) is DENIED. The parties remain free to pursue an early resolution and the defendants remain free to move for extensions of time to file their answers during that process -- those extension motions will be resolved by Magistrate Judge Frazier. In filing motions for extensions, the parties should remain mindful of the scheduled trial date and the deadlines that will accompany that date. Signed by Chief Judge Michael J. Reagan on 6/29/2016. (wtw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
31

ORDER granting 29 Motion for Extension of Time to Answer. The deadline for the defendants to file an answer or otherwise respond to the plaintiffs' complaint is hereby extended to July 18, 2016. Signed by Magistrate Judge Philip M. Frazier on 6/30/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
32

NOTICE of Appearance by Katherine Elizabeth Walz on behalf of All Plaintiffs (Walz, Katherine) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
33

NOTICE of Appearance by Kevin L. Herrera on behalf of All Plaintiffs (Herrera, Kevin) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
34

SCHEDULING AND DISCOVERY ORDER: Joint Report of Parties approved and entered. Scheduling and Discovery Conference set for 7/19/2016 at 10:30 AM via telephone before Magistrate Judge Frazier is CANCELED. Discovery due by 12/7/2017. Dispositive Motions due by 12/22/2017. Status Conference set for 10/12/2016 at 9:30 AM via telephone before Magistrate Judge Frazier. The parties should call the Court's conference line, 618-439-7731, to join the call. Signed by Magistrate Judge Philip M. Frazier on 7/14/2016. (Attachments: # 1 Joint Report of Parties) (krm) (Entered: 07/15/2016)

1 Joint Report of Parties

View on PACER

July 15, 2016

July 15, 2016

PACER
35

MOTION to Amend/Correct Motion for Leave to File an Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit A - Amended Complaint)(Wilmes, Christopher) (Entered: 07/15/2016)

1 Exhibit A - Amended Complaint

View on PACER

July 15, 2016

July 15, 2016

PACER
36

NOTICE OF ERRORS AND/OR DEFICIENCIES re 35 Motion to Amend/Correct filed by Paul Lambert, Kimberly Simelton, Shameka Nelson, Pamela Purdiman, Barbara Holder, William Frey, Mary Holder. Filer selected incorrect event and attached the proposed document as an exhibit. Filer should have selected Motion for Leave to File and should have e-mailed the proposed document to the appropriate Judge's e-mail address. Notice of Errors for informational purposes. Filer needs to e-mail the proposed document to the appropriate Judge's e-mail address for proposed documents/orders. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
37

Consent MOTION for Extension of Time to File Answer by All Defendants. (Moore, Stephen) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
38

ORDER granting 35 Motion for Leave to File Amended Complaint; granting 37 Motion for Extension of Time to Answer. Leave to file an amended complaint shall be granted "when justice so requires," Fed.R.Civ.P. 15(a), and in the absence of "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed [or] undue prejudice to the opposing party[.]" Foman v. Davis, 83 S.Ct. 227, 230, 371 U.S. 178, 182 (1962). Finding that justice so requires, and with no opposition from the defendants, plaintiffs' motion is GRANTED. Plaintiffs shall file their first amended complaint instanter. The defendants' motion for extension of time to answer is GRANTED as well, the defendants shall file an answer or otherwise respond to plaintiffs' first amended complaint under the guidelines set at Rule 15(a)(3) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Philip M. Frazier on 7/20/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
39

AMENDED COMPLAINT Amended Class Action Complaint against All Defendants, filed by Shameka Nelson, Barbara Holder, Kimberly Simelton, Mary Holder, Paul Lambert, Pamela Purdiman, Chena Brazil.(Wilmes, Christopher) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

RECAP
40

EXHIBIT by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. Exhibit to 39 Amended Complaint Exhibit A - HUD Letter to ACHA. (Wilmes, Christopher) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
41

EXHIBIT by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. Exhibit to 39 Amended Complaint Exhibit B - Sample Residential Lease Agreement. (Wilmes, Christopher) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
42

ANSWER to 39 Amended Complaint by All Defendants.(Moore, Stephen) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

RECAP
43

STIPULATION of Dismissal Joint Stipulation of Dismissal With Prejudice as to Defendant Joanne Pink by All Plaintiffs. (Wilmes, Christopher) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
44

STIPULATION of Dismissal Joint Stipulation of Dismissal With Prejudice as to Defendant Thomas Upchurch by All Plaintiffs. (Wilmes, Christopher) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
45

NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Stipulation of Dismissal filed by Kimberly Simelton, Mary Holder, Paul Lambert, Shameka Nelson, Chena Brazil, Barbara Holder, Pamela Purdiman, William Frey, 44 Stipulation of Dismissal filed by Kimberly Simelton, Mary Holder, Paul Lambert, Chena Brazil, Shameka Nelson, Pamela Purdiman, Barbara Holder, William Frey. No "with consent" when document contains multiple signatures. Please refer to Section 2.0: page 2.1 of the User's Manual. This notice is informational - for reference with future filings. No further action required.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
46

ADMINISTRATIVE ORDER 189 REASSIGNING CASE REFERRAL. Case referral reassigned to Magistrate Judge Reona J. Daly. Case no longer referred to Magistrate Judge Frazier. All future pleadings shall bear case number 16-cv-513-MJR-RJD.Signed by Chief Judge Michael J. Reagan on 9/9/2016. (jlrr) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

Set/Reset Hearings: Status Conference set for 10/12/2016 at 09:30 AM via telephone before Magistrate Judge Reona J. Daly. The parties should call the Court's conference line, 618-439-7731, to join the call. (jlm)

Sept. 16, 2016

Sept. 16, 2016

PACER
47

Minute Entry for proceedings held before Magistrate Judge Reona J. Daly and Minute Order: Status Conference held on 10/12/2016. Settlement Conference set for 12/20/2016 at 9:00 AM in Benton. Separate order to enter. (jlm) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
48

STRICKEN ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/20/2016 09:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 12/13/2016. Signed by Magistrate Judge Reona J. Daly on 10/12/2016. (jlm) Modified on 10/12/2016 (jlm). (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
49

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 48 Order for Settlement Conference. Document contains clerical error and will be re-filed. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
50

ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/20/2016 09:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements due on or before 12/13/2016. Signed by Magistrate Judge Reona J. Daly on 10/12/2016. (jlm) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
51

Consent MOTION for Protective Order by Alexander County Housing Authority, Martha Franklin, James Wilson. (Attachments: # 1 Exhibit Proposed Order (proposed order deleted per notice of errors at doc. 52)(Moore, Stephen) Modified on 10/26/2016 (dkd). (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
52

NOTICE OF ERRORS AND/OR DEFICIENCIES re 51 Motion for Protective Order filed by James Wilson, Martha Franklin, Alexander County Housing Authority. Proposed order attached as exhibit. Proposed documents/orders do not get electronically filed, but rather e-mailed to the appropriate Judges e-mail address for proposed documents/orders. Proposed order deleted by the Clerks Office. Filer needs to e-mail the proposed order to the appropriate Judges e-mail address for proposed documents/orders. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
53

PROTECTIVE ORDER. Signed by Magistrate Judge Reona J. Daly on 11/3/16. (dam) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
54

MOTION to Continue Plaintiffs' Agreed Motion to Reschedule December 20, 2016 Settlement Conference by All Plaintiffs. (Wilmes, Christopher) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
55

ORDER granting 54 Motion to Continue: Settlement Conference is RESET for 2/3/2017 at 9:00 a.m. in Benton Courthouse before Judge Daly. Settlement statements to be submitted on or before 1/27/2017. Signed by Magistrate Judge Reona J. Daly on 12/12/2016. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
56

NOTICE of Appearance by Emily J. Coffey on behalf of All Plaintiffs (Coffey, Emily) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
57

MOTION for Leave to File A Second Amended Complaint by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. (Wilmes, Christopher) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
58

ORDER granting 57 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the second amended complaint by 1/17/17. Signed by Magistrate Judge Reona J. Daly on 1/10/16. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
59

AMENDED COMPLAINT Second Amended Class Action Complaint against Alexander County Housing Authority, Martha Franklin, James Wilson, filed by Kimberly Simelton, Mary Holder, Paul Lambert, Shameka Nelson, Barbara Holder, Chena Brazil, Pamela Purdiman, Shawnya Williams, Myra Rayford, Elisha Lee, Angela Mitchell, Aaron Hall, Monica Woodson, Chauncey Davis, Latonya Lee, Charlotte Viel, Danielle Lowe, Kimberly McAllister, Jacqueline Vaughn, Denieshia Childress, Leneca Baldwin, Tiarra Bedford, Shenunith Ellis, Lillie Jones, Audrey Tabor, Kelsey Lowe, Deshawna Washam, Tanisha Johnson, Coretta Cornelius, Beverly Davis, Jeanette Davis, Charmaine Lambert, Carlos Trenton. (Attachments: # 1 Exhibit A - HUD Notice, # 2 Exhibit B - Sample Lease)(Wilmes, Christopher) (Entered: 01/11/2017)

1 Exhibit A - HUD Notice

View on PACER

2 Exhibit B - Sample Lease

View on PACER

Jan. 11, 2017

Jan. 11, 2017

PACER

Deadline set: Plaintiff to file Second Amended Complaint by 1/17/2017, per Order at Doc. 58. (kls3)

Jan. 11, 2017

Jan. 11, 2017

PACER
60

ANSWER to 59 Amended Complaint,,, by Alexander County Housing Authority, Martha Franklin, James Wilson.(Moore, Stephen) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
61

ORDER: Settlement Conference presently set for 2/3/2017 is RESET for 5/4/2017 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 4/27/2017. Signed by Magistrate Judge Reona J. Daly on 1/26/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
62

ORDER: Due to a conflict in the Court's calendar, the Settlement Conference presently set for 5/4/2017 is STRICKEN and RESET for 5/5/2017 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 4/28/2017. Signed by Magistrate Judge Reona J. Daly on 1/27/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
63

MOTION for Leave to File A Third Amended Complaint by All Plaintiffs. (Wilmes, Christopher) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
64

ORDER: Discovery Dispute Conference set for 2/17/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. The parties should call Judge Daly's conference line at 618-439-7731 to join the call. Lead counsel for the parties must participate in the conference call. Signed by Magistrate Judge Reona J. Daly on 2/9/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
65

ORDER granting 63 Motion for Leave to File. Plaintiffs shall file the third amended complaint by 2/15/17. Signed by Magistrate Judge Reona J. Daly on 2/10/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
66

AMENDED COMPLAINT Third Amended Class Action Complaint against Alexander County Housing Authority, Martha Franklin, James Wilson, filed by Aaron Hall, Monica Woodson, Kimberly Simelton, Myra Rayford, Mary Holder, Elisha Lee, Paul Lambert, Charmaine Lambert, Leneca Baldwin, Carlos Trenton, Beverly Davis, Lillie Jones, Audrey Tabor, Tanisha Johnson, Jacqueline Vaughn, Angela Mitchell, Denieshia Childress, Kelsey Lowe, Tiarra Bedford, Deshawna Washam, Chauncey Davis, Charlotte Viel, Danielle Lowe, Coretta Cornelius, Shameka Nelson, Barbara Holder, Latonya Lee, Shenunith Ellis, Chena Brazil, Kimberly McAllister, Shawnya Williams, Jeanette Davis, Pamela Purdiman, Theras Heard. (Attachments: # 1 Exhibit A - HUD Notice, # 2 Exhibit B - Sample Lease)(Wilmes, Christopher) (Entered: 02/13/2017)

1 Exhibit A - HUD Notice

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2 Exhibit B - Sample Lease

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Feb. 13, 2017

Feb. 13, 2017

PACER
67

Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Discovery Dispute Conference held on 2/17/2017. (dam) Modified on 2/22/2017 (kdb). (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
68

ORDER: In accordance with the recent discovery dispute conference, Defendants Wilson and Franklin are ORDERED to either perform the searches of their Yahoo! email accounts with the terms specified by Plaintiffs' counsel in the presence of defense counsel or to provide their account information to defense counsel to allow defense counsel to perform the searches. To address privacy concerns regarding personal emails, defense counsel may review all responsive emails and withhold any clearly irrelevant or privileged emails before producing the emails to Plaintiffs. Defendant is further ORDERED to produce the executive session minutes for in camera review by 3/3/17 along with a brief regarding the deliberative privilege issue. Plaintiffs shall file a response brief by 3/10/17. Signed by Magistrate Judge Reona J. Daly on 2/22/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
69

NOTICE OF MODIFICATION re 67 Discovery Dispute Conference date. Date modified to reflect date held as 02/17/17.(kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
70

ANSWER to 66 Amended Complaint,,, by Alexander County Housing Authority.(Moore, Stephen) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
71

Defendants Brief to 67 Discovery Dispute Conference and Doc. 68 Order Defendants Brief on the Privilege Issues Pertaining to Plaintiffs Request for Production No. 25 filed by Alexander County Housing Authority. (Attachments: # 1 Exhibit Exhibit A)(Moore, Stephen) Modified on 3/13/2017 (kls3). Modified on 3/13/2017 (kls3). (Entered: 03/03/2017)

1 Exhibit Exhibit A

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March 3, 2017

March 3, 2017

PACER
72

RESPONSE BRIEF to 71 Defendants Brief Plaintiffs' Response to Defendants' Brief on the Privilege Issues Pertaining to Plaintiffs' Request for Production 25 filed by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Denieshia Childress, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Latonya Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams, Monica Woodson. (Attachments: # 1 Exhibit 1 - Def's Response to RFP, # 2 Exhibit 2 - 11/28/16 Letter Wilmes to Moore, # 3 Exhibit 3 - 12/7/16 Email Wilmes to Moore, # 4 Exhibit 4 - 1/17/17 Email Walz to Moore, # 5 Exhibit 5 - Def's Suppl Response to RFP, # 6 Exhibit 6 - 9/30/14 HUD Findings)(Wilmes, Christopher) Modified on 3/13/2017 (kls3). (Entered: 03/09/2017)

1 Exhibit 1 - Def's Response to RFP

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2 Exhibit 2 - 11/28/16 Letter Wilmes to Moore

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3 Exhibit 3 - 12/7/16 Email Wilmes to Moore

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4 Exhibit 4 - 1/17/17 Email Walz to Moore

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5 Exhibit 5 - Def's Suppl Response to RFP

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6 Exhibit 6 - 9/30/14 HUD Findings

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March 9, 2017

March 9, 2017

PACER
73

ORDER: Plaintiffs' request to overrule Defendants' assertion of deliberative process privilege with respect to Plaintiffs' request for Defendants' executive session minutes is DENIED. Signed by Magistrate Judge Reona J. Daly on 3/27/17. (dam) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

RECAP
74

NOTICE of Hearing: Settlement Conference presently set for 5/5/2017 at 9:00 AM is RESET 5/5/2017 at 10:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Please note this is a time change only.(jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
75

NOTICE of Appearance by Charles Wysong on behalf of All Plaintiffs (Wysong, Charles) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

RECAP
76

MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
77

STIPULATION of Dismissal of Claims of Plaintiff Monica Woodson by Monica Woodson. (Wilmes, Christopher) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
78

ORDER denying 76 Motion to Withdraw as Attorney. The Local Rules provide that motions for leave to withdraw as counsel "shall state the last known address of the party represented." Because the instant motion does not comply with the Local Rules, it is denied with leave to refile. Signed by Magistrate Judge Reona J. Daly on 4/13/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
79

STRICKEN PER FILER'S REQUEST- Amended MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) Modified on 4/14/2017 (tjm2). (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
80

NOTICE OF ERRORS AND/OR DEFICIENCIES re 77 Stipulation of Dismissal filed by Monica Woodson. With consent missing from non-filer's signature. Please see ECF User Manual for further instruction. This document is being sent for informational purposes only. No further action is required by filer at this time. (kls3) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
81

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 79 PER FILER's REQUEST- Motion to Withdraw as Attorney filed by all Plaintiffs. Document contains a typographical error. (tjm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
82

Amended MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
83

ORDER granting 82 Motion to Withdraw as Attorney. Attorney Christopher J. Wilmes and Charles Wysong terminated for Plaintiffs Latonya Lee and Denieshia Childress. Signed by Magistrate Judge Reona J. Daly on 4/17/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
84

NOTICE of Appearance by Katherine Elizabeth Walz on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Walz, Katherine) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
85

NOTICE of Appearance by Emily J. Coffey on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Coffey, Emily) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
86

NOTICE of Appearance by Kevin L. Herrera on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Herrera, Kevin) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
87

NOTICE of Appearance by Carolyn J. Geoghegan on behalf of All Defendants (Geoghegan, Carolyn) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
88

NOTICE of Hearing: Continuance of Settlement Conference set for 5/10/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 618-439-7731. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
89

Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Settlement Conference held on 5/8/2017. Settlement conference continued to 5/10/17. (dam) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
90

MOTION to Withdraw as Attorney for Plaintiff Coretta Cornelius by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams. (Wilmes, Christopher) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

RECAP
91

ORDER: Continuance of Settlement Conference presently set for 5/10/2017 at 1:30 PM is STRICKEN and RESET for 5/17/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 618-439-7731. Signed by Magistrate Judge Reona J. Daly on 5/10/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
92

ORDER granting 90 Motion to Withdraw as Attorney. Attorney Katherine Elizabeth Walz; Christopher J. Wilmes; Charles Wysong; Emily J. Coffey and Kevin L. Herrera terminated as counsel for Plaintiff Coretta Cornelius. Signed by Magistrate Judge Reona J. Daly on 5/10/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
93

Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference on held on 5/17/2017. Parties advised they are continuing to finalize settlement. A Status Conference set for 6/15/2017 at 11:00 AM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888-684-8852. The access code is 1026624. The security code is 9571. (jlm) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
94

Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference held on 6/15/2017. (dam) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
95

ORDER: Plaintiffs Latonya Lee, Deniesha Childress, and Coretta Cornelius are hereby ORDERED to inform the Court by July 14, 2017, in writing, as to whether they intend to proceed with this case and whether they intend to do so with or without representation by legal counsel. Plaintiffs Lee, Childress, and Cornelius must also provide an address for the purpose of receiving service of documents. Failure to comply with this Order will likely result in the dismissal of this case for lack of prosecution. The Clerk of Court is DIRECTED to mail a copy of this Order to the addresses of record for Plaintiffs Lee, Childress, and Cornelius. Signed by Magistrate Judge Reona J. Daly on 6/15/17. (dam) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER

Action due by 7/14/2017, per Order at Doc. 95. (kls3)

June 15, 2017

June 15, 2017

PACER
96

RESPONSE to 95 Order filed by Denieshia Childress. (kek) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
97

STIPULATION of Dismissal by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams. (Wilmes, Christopher) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Public Housing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2016

Closing Date: Sept. 12, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of over 1,000 current and former Alexander County Housing Authority residents alleging discrimination on the basis of race and family status as well as inadequate provision of housing maintenance.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Alexander County Housing Authority (Alexander), County

Defendant Type(s):

Housing Authority

Multi-family housing provider

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Buildings

Disparate Impact

Disparate Treatment

Housing

Pattern or Practice

Racial segregation

Sanitation / living conditions

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Family discrimination

Race discrimination

Race:

Black

Type of Facility:

Government-run