Case: Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood

4:17-cv-00886 | U.S. District Court for the Eastern District of Missouri

Filed Date: March 13, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On March 13, 2017, the Metropolitan St. Louis Equal Housing and Opportunity Council ("EHOC") filed this lawsuit in the U.S. District Court Eastern District of Missouri. The plaintiff sued the City of Maplewood, Missouri, under the Fair Housing Act ("FHA"), 42 U.S.C. §§ 3601 et seq. and Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. §§ 213.040 et seq. for discriminatory treatment and disparate impact. The plaintiff, represented by private counsel, sought a declaratory judgement that the defe…

On March 13, 2017, the Metropolitan St. Louis Equal Housing and Opportunity Council ("EHOC") filed this lawsuit in the U.S. District Court Eastern District of Missouri. The plaintiff sued the City of Maplewood, Missouri, under the Fair Housing Act ("FHA"), 42 U.S.C. §§ 3601 et seq. and Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. §§ 213.040 et seq. for discriminatory treatment and disparate impact. The plaintiff, represented by private counsel, sought a declaratory judgement that the defendant’s actions violate the FHA and the MHRA; a permanent injunction restraining Maplewood from enforcing the nuisance ordinance; compensatory damages; punitive damages; and attorneys’ fees and costs.

Specifically, the plaintiff claimed that the nuisance ordinance issued by the city of Maplewood, Missouri discriminates against and disproportionately impacts nonwhite residents, women (especially those who are survivors of domestic violence), and people with disabilities. Specifically, they challenged the city of Maplewood "chronic nuisance ordinance" pursuant to which the city revoked the occupancy permits of residents (it’s a crime to live in the city without it) whom it deems to be "chronic nuisances." They claimed that Maplewood designated certain residents to be nuisances simply because they had been the subject of multiple police calls, regardless of whether they did anything wrong.

The defendant moved to dismiss the complaint on May 11, 2017. They alleged that the plaintiff had failed to state a claim under 42 U.S.C. §§ 3601 and Mo. Rev. Stat. §§ 213.040 for which relief could be granted.

On December 8, 2017, District Judge Ronnie L. White granted the motion to dismiss the plaintiff’s complaint for failure to state a claim. He found that the facts did not create an inference that the defendant enforced its nuisance ordinance for the purpose of adversely affecting African American residents, women, and/or disabled residents and failed to identify specific instances where the defendant had a discriminatory intent or motive in providing favorable treatment to white and/or non-disabled residents over other residents based on race, gender, disability, or any other improper criteria when enforcing its nuisance ordinance. He also found that the plaintiff failed to sufficiently plead a causal connection between the alleged discriminatory policy, Maplewood's nuisance ordinance, and the alleged discriminatory disparate impact on African Americans, women, and disabled residents. The Judge also dismiss the state law claim without prejudice, stating that because the federal claim had been dismissed, he did not have jurisdiction to hear the state claim. 2017 WL 6278882.

On January 8, 2018, the plaintiff filed a motion for relief from judgment alleging that claims regarding EHOC’s sex and disability discrimination were conceptually distinct from the race discrimination claim, and the Court erred in dismissing them for the same reasons. The defendant asserted that the plaintiff could not relitigate the merits of its case and that the court fully addressed all of plaintiff’s claims as pleaded.

On May 8, 2018, Judge White denied the plaintiff’s Motion for Relief from Judgment as an attempt to “re-litigate the issues which the Court thoroughly addressed.” The case is now closed. 2018 WL 10396918.

Summary Authors

Joanna Kuzdra (1/19/2018)

Sichun Liu (1/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4617245/parties/metropolitan-st-louis-equal-housing-and-opportunity-council-v-city-of/


Judge(s)
Attorney for Plaintiff

Cacace, Megan (District of Columbia)

Hunt, Sarah Jane (Missouri)

Kennedy, Thomas E (Missouri)

Relman, John Peter (District of Columbia)

Attorney for Defendant

Biesterfeld, Craig S. (Missouri)

show all people

Documents in the Clearinghouse

Document

4:17-cv-00886

Docket [PACER]

Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood,Missouri

May 8, 2018

May 8, 2018

Docket
1

4:17-cv-00886

Complaint Jury Trial Demanded

Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood, Missouri

March 13, 2017

March 13, 2017

Complaint
33

4:17-cv-00886

Memorandum and Order

Dec. 8, 2017

Dec. 8, 2017

Order/Opinion

2017 WL 2017

47

4:17-cv-00886

Memorandum and Order

May 8, 2018

May 8, 2018

Order/Opinion

2018 WL 2018

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4617245/metropolitan-st-louis-equal-housing-and-opportunity-council-v-city-of/

Last updated April 26, 2024, 3:44 a.m.

ECF Number Description Date Link Date / Link

Case Opening Notification

March 13, 2017

March 13, 2017

PACER
1

COMPLAINT against defendant City of Maplewood,Missouri with receipt number 0865-5856359, in the amount of $400 Jury Demand,, filed by Metropolitan St. Louis Equal Housing and Opportunity Council. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons)(Kennedy, Thomas) (Entered: 03/13/2017)

1 Civil Cover Sheet

View on PACER

2 Original Filing Form

View on PACER

3 Summons

View on PACER

March 13, 2017

March 13, 2017

RECAP
2

NOTICE OF PROCESS SERVER by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council Process Server: Jose Pineiro (Kennedy, Thomas) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
3

DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Kennedy, Thomas) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER

Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Thomas E. Kennedy, III. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. Judge Assigned: U.S. Magistrate Judge Patricia L. Cohen. (BAK)

March 13, 2017

March 13, 2017

PACER
4

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
5

SUMMONS Returned Executed filed by Metropolitan St. Louis Equal Housing and Opportunity Council. City of Maplewood,Missouri served on 3/14/2017, answer due 4/4/2017. (Kennedy, Thomas) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
6

MOTION for Leave to Appear Pro Hac Vice Sasha Samberg-Champion. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5860376) by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Attachments: # 1 Certificate of Good Standing)(Samberg-Champion, Sasha) (Entered: 03/15/2017)

1 Certificate of Good Standing

View on PACER

March 15, 2017

March 15, 2017

PACER
7

ENTRY of Appearance by Sarah Jane Hunt for Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Hunt, Sarah) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
8

ORDER. This matter is before the Court on a verified motion for admission pro hac vice filed by Plaintiff's attorney, Sasha Samberg-Champion [Doc. 6 ]. Movant practices in Washington, D.C., and her motion contains the information required by Local Rule 12. After careful consideration, IT IS HEREBY ORDERED that the verified motion for admission pro hac vice [Doc. 6 ] is GRANTED. Signed by Magistrate Judge Patricia L. Cohen on 3/15/2017. (CBL) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
9

AMENDED ORDER - This matter is before the Court on a verified motion for admission pro hac vice filed by Plaintiff's attorney, Sasha Samberg-Champion [Doc. 6]. Movant practices in Washington, D.C., and the motion contains the information required by Local Rule 12. After careful consideration, IT IS HEREBY ORDERED that the verified motion for admission pro hac vice [Doc. 6] is GRANTED. Signed by Magistrate Judge Patricia L. Cohen on March 16, 2017. (MCB) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
10

MOTION for Leave to Appear Pro Hac Vice John P. Relman. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5862948) by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Attachments: # 1 Certificate of Good Standing)(Relman, John) (Entered: 03/16/2017)

1 Certificate of Good Standing

View on PACER

March 16, 2017

March 16, 2017

PACER
11

ORDER. This matter is before the Court on a verified motion for admission pro hac vice filed by Plaintiff's attorney, John P. Relman [Doc. 10 ]. Movant practices in Washington, D.C., and the motion contains the information required by Local Rule 12. After careful consideration, IT IS HEREBY ORDERED that the verified motion for admission pro hac vice [Doc. 10 ] is GRANTED. Signed by Magistrate Judge Patricia L. Cohen on 3/16/2017. (CBL) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
12

ENTRY of Appearance by Michael J. Tolles for Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
13

ENTRY of Appearance by Craig S. Biesterfeld for Defendant City of Maplewood,Missouri. (Biesterfeld, Craig) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
14

CJRA ORDER (GJL). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Ronnie L. White for all further proceedings. (MCB) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
15

Consent MOTION for Extension of Time to File Answer Defendant Maplewood, Missouri's Consent Motion to Extend Its Time to File a Response to Plaintiff's Complaint by Thirty Days by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
16

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Consent Motion for Extension of Time to File a Response to Plaintiff's Complaint [ECF No. 15] is GRANTED to and including May 4, 2017. Signed by District Judge Ronnie L. White on 3/29/17. (ALM) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
17

Consent MOTION for Extension of: Time to Answer or Otherwise Respond to Plaintiff's Complaint by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
18

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Maplewood, Missouri's Consent Motion to Extend Time to File a Response to Plaintiff's Complaint [ECF No. 17] is GRANTED to and including May 11, 2017. Signed by District Judge Ronnie L. White on 5/4/17. (ALM) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
19

MOTION to Dismiss Case For Failure to State a Claim by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
20

MEMORANDUM in Support of Motion re 19 MOTION to Dismiss Case For Failure to State a Claim filed by Defendant City of Maplewood,Missouri. (Attachments: # 1 Exhibit Chapter 34 (portions) City Code, # 2 Exhibit Chapter 12 (portions) City Code)(Tolles, Michael) (Entered: 05/11/2017)

1 Exhibit Chapter 34 (portions) City Code

View on PACER

2 Exhibit Chapter 12 (portions) City Code

View on PACER

May 11, 2017

May 11, 2017

PACER
21

Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Case For Failure to State a Claim by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
22

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Consent Motion to Extend Time to File a Response to Defendant's Motion to Dismiss [ECF No. 21] is GRANTED to and including June 9, 2017. Signed by District Judge Ronnie L. White on 5/17/17. (ALM) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
23

MEMORANDUM in Opposition re 19 MOTION to Dismiss Case For Failure to State a Claim filed by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
24

Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Case For Failure to State a Claim Defendant Maplewood, Missouri's Consent Motion to Extend Its Time to File Its Reply in Support of Its Motion by Seven (7) Days by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
25

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Extend its Time to File its Reply in Support of its Motion [ECF No. 24] is GRANTED to and including June 23, 2017. Signed by District Judge Ronnie L. White on 6/12/17. (ALM) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
26

REPLY to Response to Motion re 19 MOTION to Dismiss Case For Failure to State a Claim filed by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
27

NOTICE of Supplemental Authority: by Defendant City of Maplewood,Missouri (Attachments: # 1 Exhibit Ellis v. City of Minneapolis)(Tolles, Michael) (Entered: 09/18/2017)

1 Exhibit Ellis v. City of Minneapolis

View on PACER

Sept. 18, 2017

Sept. 18, 2017

PACER
28

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff shall file a response to Defendant's Notice of Supplemental Authority [ECF No. 27] no later than September 28, 2018. Signed by District Judge Ronnie L. White on 9/18/17. (ALM) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
29

RESPONSE to re 27 NOTICE of Supplemental Authority filed by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
30

MOTION for Leave to Appear Pro Hac Vice Megan Cacace. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6233606) by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Attachments: # 1 Certificate of Good Standing of Megan Cacace)(Cacace, Megan) (Entered: 11/09/2017)

1 Certificate of Good Standing of Megan Cacace

View on PACER

Nov. 9, 2017

Nov. 9, 2017

PACER
31

SUPPLEMENTAL re 30 MOTION for Leave to Appear Pro Hac Vice Megan Cacace. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6233606) Inadvertent filing error by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Cacace, Megan) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
32

Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motion for Admission Pro Hac Vice by Megan Cacace on behalf of Plaintiff [ECF No. 30] is GRANTED. Signed by District Judge Ronnie L. White on 11/13/17. (ALM) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant City of Maplewood, Missouri's Motion to Dismiss Plaintiffs Complaint for Failure to State a Claim (ECF No. 19 ) is GRANTED. Aseparate Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on December 8, 2017. (BRP) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

RECAP
34

ORDER OF DISMISSAL: IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiff's claims pursuant to the Fair Housing Act, 42 U.S.C. §§ 3601, et seq., are DISMISSED with prejudice pursuant to Fed. R. Civ. P. 12(b)(6). IT IS FURTHER ORDERED, ADJUDGED and DECREED that Plaintiffs state law claims under the Missouri Human Rights Act, Mo. Rev. Stat. §§ 213.040, et seq., are DISMISSED without prejudice. Signed by District Judge Ronnie L. White on December 8, 2017. (BRP) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
35

MOTION for Reconsideration re 33 Memorandum & Order, 34 Order of Dismissal (case - Stipulation of Dismissal), by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

RECAP
36

Joint MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Reconsideration re 33 Memorandum & Order, 34 Order of Dismissal (case - Stipulation of Dismissal), by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
37

Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion to Extend Deadlines Related to Plaintiff's Motion for Reconsideration [ECF No. 36] is GRANTED. IT IS FURTHER ORDERED that Defendant shall file its response to Plaintiff's motion no later than January 22, 2017, and Plaintiff shall file its reply no later than February 2, 2018. Signed by District Judge Ronnie L. White on 1/10/18. (ALM) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
38

NOTICE of Change of Address filed by Craig S. Biesterfeld. (Biesterfeld, Craig) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
39

MEMORANDUM in Opposition re 35 MOTION for Reconsideration re 33 Memorandum & Order, 34 Order of Dismissal (case - Stipulation of Dismissal), filed by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

RECAP
40

REPLY to Response to Motion re 35 MOTION for Reconsideration re 33 Memorandum & Order, 34 Order of Dismissal (case - Stipulation of Dismissal), filed by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

RECAP
41

MOTION for Leave to File a Sur-Reply in Opposition to Plaintiff's Motion for Relief by Defendant City of Maplewood,Missouri. (Attachments: # 1 Exhibit A)(Tolles, Michael) (Entered: 02/06/2018)

1 Exhibit A

View on PACER

Feb. 6, 2018

Feb. 6, 2018

PACER
42

Docket Text ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Leave to File a Sur-Reply [ECF No. 41] is GRANTED. Signed by District Judge Ronnie L. White on 2/6/18. (ALM) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
43

SURREPLY to Motion re 35 MOTION for Reconsideration re 33 Memorandum & Order, 34 Order of Dismissal (case - Stipulation of Dismissal), filed by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

RECAP
44

ORAL MOTION for Oral Argument by Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council. (Samberg-Champion, Sasha) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

RECAP
45

MEMORANDUM in Opposition re 44 ORAL MOTION for Oral Argument City of Maplewood, Missouri's Opposition to Request for Oral Argument filed by Defendant City of Maplewood,Missouri. (Tolles, Michael) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

RECAP

A Docket Text Order

Feb. 15, 2018

Feb. 15, 2018

PACER
46

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Oral Argument [ECF No. 44] is DENIED. Signed by District Judge Ronnie L. White on 2/15/18. (ALM) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
47

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff Metropolitan St. Louis Equal Housing and Opportunity Council's Motion for Relief from Judgment (ECF No. 35 ) is DENIED. Signed by District Judge Ronnie L. White on 05/08/2018. (KCB) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

Case Details

State / Territory: Missouri

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Metropolitan St. Louis Equal Housing and Opportunity Council ("EHOC") is a private non-profit corporation in the greater St. Louis area dedicated to ensuring equal access to housing and places of public accommodation for all people through education, counseling, investigation and enforcement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Maplewood, Missouri (Maplewood), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Housing

Racial segregation

Disability and Disability Rights:

disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Race discrimination

Sex discrimination

Discrimination Area:

Disparate Impact

Disparate Treatment

Affected Race(s):

Black

Affected Sex/Gender(s):

Female