Case: Wilson v. Seattle Housing Authority

2:09-cv-00226 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 20, 2009

Clearinghouse coding complete

Case Summary

A Seattle resident who had been terminated from the Section 8 Housing Choice Voucher Program brought this class action suit on 02/20/2009, alleging that the administration of the Program in Seattle discriminated against residents with disabilities. The named defendants were the Seattle Housing Authority (SHA) and the Executive Director of SHA in his official capacity. Colombia Legal Services represented the plaintiff, and the case was assigned to Judge Marsha J. Pechman of the U.S. District Cou…

A Seattle resident who had been terminated from the Section 8 Housing Choice Voucher Program brought this class action suit on 02/20/2009, alleging that the administration of the Program in Seattle discriminated against residents with disabilities. The named defendants were the Seattle Housing Authority (SHA) and the Executive Director of SHA in his official capacity. Colombia Legal Services represented the plaintiff, and the case was assigned to Judge Marsha J. Pechman of the U.S. District Court for the Western District of Washington.

The Fourth Amended Complaint alleged that SHA’s Section 8 voucher termination process prior to August 1, 2008 did not meet constitutional standards; SHA discriminated against voucher holders with disabilities by failing to provide them with reasonable accommodations; and SHA discriminated against voucher holders by not permitting them to live with closely related family members. The plaintiff filed the lawsuit under 42 U.S.C. § 1983, the Fair Housing Act (42 U.S.C. §§ 3601 et seq.), and a collection of state and federal anti-discrimination statutes and their accompanying regulations. They also alleged that the defendants' conduct violated the Fourteenth Amendment's and Washington State Constitution's Due Process Clauses.

The plaintiff moved for a preliminary injunction on March 25, 2010, requesting that her Title 8 voucher be reinstated. On May 13, 2010, after five additional filings from the parties and oral argument, Judge Pechman denied the motion (2010 WL 1945740). She found that it was not clear that the plaintiff was likely to prevail on the merits, making preliminary relief inappropriate.

Over the course of the litigation, Judge Pechman ruled in favor of the plaintiff on three issues. First, on April 22, 2010, she denied defendants' motion to dismiss (2010 WL 1945740). Second, on February 3, 2011, she granted the plaintiff's motion for discovery sanctions (2011 WL 338793). Finally, on April 21, 2011, she granted the plaintiff's motion for a protective order (2011 WL 1561791). She also ruled in favor of the defendants once. The initial complaint had included claims against the Department of Housing and Urban Development, but the court granted summary judgment for the Department on March 29, 2011 (2011 WL 1213168).

The parties filed a joint motion for a class action settlement on September 8, 2011. The settlement class included all 82 SHA Section 8 voucher holders who had a termination hearing on or after February 20, 2006 and before August 1, 2008, and whose Section 8 vouchers were terminated as a result of the hearing. The settlement had five main terms:

1) the SHA agreed to make substantive changes and clarifications in its policy regarding individuals with disabilities,

2) the SHA agreed to amend the list of documents it will accept as proof that a household is a primary residence of a minor,

3) the SHA agreed to amend its Administrative Plan to provide for discretionary extension of the time individuals may be allowed to remain in a subsidized residence,

4) addition of requirements that SHA hearing officers include written notice of the availability of judicial review in the termination of Section 8 vouchers, and

5) the SHA agreed to provide a new termination hearing to each class member who requests one.

In addition to institutional reforms, the settlement awarded $15,000 in relief to named plaintiffs and $180,000 in attorney's fees.

Judge Pechman issued her final order and judgement granting approval of the class action settlement on January 10, 2012. As part of the settlement, the court dismissed the plaintiff's claims with prejudice while retaining jurisdiction to enforce the settlement agreement. The Clearinghouse does not know if the court continues to enforce the settlement, but there has been no docket activity since the parties filed a redacted status report on March 11, 2013.

Summary Authors

Alex Moody (3/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410368/parties/wilson-v-seattle-housing-authority/


Judge(s)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Ehman, Merf E. (Washington)

Engrav, Rebecca S. (Washington)

Simpkins, Holly Marie (Washington)

Spear, Ryan M (Washington)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Barbara, Scott M (Washington)

Dorrity, Kristen (Washington)

Fearn, James Ernest Jr. (Washington)

Johnson, Kristin Berger (Washington)

Judge(s)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Ehman, Merf E. (Washington)

Engrav, Rebecca S. (Washington)

Simpkins, Holly Marie (Washington)

Spear, Ryan M (Washington)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Barbara, Scott M (Washington)

Dorrity, Kristen (Washington)

Fearn, James Ernest Jr. (Washington)

Johnson, Kristin Berger (Washington)

Kirschner, Adam D. (District of Columbia)

Means, Donald S (Washington)

Young, Laura Hawes (Washington)

Documents in the Clearinghouse

Document

2:09-cv-00226

Docket

March 11, 2013

March 11, 2013

Docket
1

2:09-cv-00226

Complaint for Injunctive and Declaratory Relief

Feb. 20, 2009

Feb. 20, 2009

Complaint
111

2:09-cv-00226

Plaintiffs' Fourth Amended Complaint for Injunctive and Declaratory Relief and Monetary Damages

Jan. 5, 2011

Jan. 5, 2011

Complaint
211

2:09-cv-00226

Joint Motion for Preliminary Approval of Proposed Class Action Settlement

Sept. 8, 2011

Sept. 8, 2011

Pleading / Motion / Brief
225

2:09-cv-00226

Final Order and Judgment Granting Approval of Class Action Settlement

Jan. 10, 2012

Jan. 10, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410368/wilson-v-seattle-housing-authority/

Last updated May 31, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against defendants Seattle Housing Authority, Thomas Tierney (Summons(es) issued)(Receipt # SEA24093), filed by Markeletta Wilson. (Attachments: # 1 Civil Cover Sheet)(MKB) (Entered: 02/23/2009)

2 Civil Cover Sheet

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Feb. 20, 2009

Feb. 20, 2009

RECAP
2

NOTICE of Appearance by attorney Donald S Means on behalf of Defendants Seattle Housing Authority, Thomas Tierney. (Means, Donald) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
3

SERVICE OF SUMMONS and Complaint returned executed upon defendant Seattle Housing Authority on 2/20/2009 (MD) (Entered: 03/02/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
4

SERVICE OF SUMMONS and Complaint returned executed upon defendant Thomas Tierney on 2/20/2009 (MD) (Entered: 03/02/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
5

AMENDED COMPLAINT against defendant(s) all defendants, filed by Marie Townes, Markeletta Wilson.(Ehman, Merf) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
6

MINUTE ORDER REASSIGNING CASE. The Honorable James L. Robart recuses himself and the Case is reassigned in rotation to Judge Marsha J. Pechman for all further proceedings. Judge James L. Robart no longer assigned to caseby Judge James L. Robart. (MD) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

PACER
7

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 5/4/2009, FRCP 26f Conference Deadline is 4/20/2009, Initial Disclosure Deadline is 4/27/2009, by Judge Marsha J. Pechman. (LG) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER
8

ANSWER to 5 Amended Complaint by Seattle Housing Authority.(Means, Donald) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
9

JOINT STATUS REPORT signed by all parties estimated Trial Days: uncertain.. (Ehman, Merf) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
10

ORDER re 9 Joint Status Report; pursuant to the request of the parties, trial scheduling will be stayed pending the filing of a motion to add a party and cross-motions for summary judgment; signed by Judge Marsha J. Pechman. (SC) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

RECAP
11

MOTION to Dismiss re to join the US Dept of Housing and Urban development as an indispenisble party by Defendant Seattle Housing Authority. Noting Date 6/19/2009, (Means, Donald) Modified text to correct type of motion on 6/22/2009 (MD). (Entered: 05/22/2009)

May 22, 2009

May 22, 2009

PACER
12

RESPONSE, by Plaintiffs Markeletta Wilson, Marie Townes, to 11 MOTION to Dismiss re to join the US Department of Housing and Urban Development as an indispenisble party. (Ehman, Merf) Modified text to correctly title the motion on 6/22/2009 (MD). (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
13

REPLY, filed by Defendants Seattle Housing Authority, Thomas Tierney, TO RESPONSE to 11 MOTION to Dismiss re to join the US Department of Housing and Urban Development as an Indispenisble party (Fearn, James) Modified text to correctly title motion on 6/22/2009 (MD). (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

PACER
14

NOTICE of Association of Attorney by Scott M Barbara on behalf of Defendants Seattle Housing Authority, Thomas Tierney. (Barbara, Scott) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
15

Stipulated MOTION for Amendment to and Clarification of Order on Motion Schedule (Sub# 10) by Defendant Seattle Housing Authority. Noting Date 7/23/2009, (Barbara, Scott) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
16

STIPULATION AND ORDER granting 15 Stipulated Motion to and clarification of order on motion schedule (Sub# 10), by Judge Marsha J. Pechman.(MD) (Entered: 08/04/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
17

STIPULATION Agreed Joint Statement of Facts by parties. (Ehman, Merf) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

PACER
18

MOTION to Certify Class by Plaintiffs Markeletta Wilson, Marie Townes. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/28/2009, (Ehman, Merf) (Entered: 08/06/2009)

2 Proposed Order

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Aug. 6, 2009

Aug. 6, 2009

PACER
19

DECLARATION of Nicholas Straley filed by Plaintiffs Markeletta Wilson, Marie Townes re 18 MOTION to Certify Class (Ehman, Merf) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
20

DECLARATION of Merf Ehman filed by Plaintiffs Markeletta Wilson, Marie Townes re 18 MOTION to Certify Class (Ehman, Merf) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
21

MOTION for Partial Summary Judgment by Plaintiffs Markeletta Wilson, Marie Townes. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/28/2009, (Ehman, Merf) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
22

MOTION for Summary Judgment by Defendant Seattle Housing Authority. Noting Date 8/28/2009, (Barbara, Scott) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
23

MINUTE ORDER re: 21 MOTION for Partial Summary Judgment filed by Markeletta Wilson & Marie Townes and 22 MOTION for Summary Judgment filed by Seattle Housing Authority. The parties are ordered to file only responsive briefs on these cross-motions for summary judgment, due on 8/28/09. Signed by Docket Clerk M Duett at the direction of Judge Marsha J. Pechman. (SC) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
24

CERTIFICATE OF SERVICE by Plaintiffs Markeletta Wilson, Marie Townes re 18 MOTION to Certify Class. (Ehman, Merf) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
25

CERTIFICATE OF SERVICE by Plaintiffs Markeletta Wilson, Marie Townes re 21 MOTION for Partial Summary Judgment. (Ehman, Merf) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
26

ORDER granting 11 Defendant's Motion to join the US Department of Housing and Urban Development as an indispensable party, by Judge Marsha J. Pechman.(MD) (Entered: 08/12/2009)

Aug. 10, 2009

Aug. 10, 2009

PACER
27

MINUTE ORDER- Plaintiffs are hereby ordered to: Amend their complaint to add the US Dept of Housing and Urban Development as a party defendant and Serve copies of the amended complaint on all parties re: 26 Order on Motion for Leave to add party, by Judge Marsha J. Pechman. (MD) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

PACER
28

Stipulated MOTION AND PROPOSED ORDER for Continuance of Pending Motions by Defendant Seattle Housing Authority. Noting Date 8/19/2009, (Barbara, Scott) Modified text on 8/20/2009 (MD). (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
29

STIPULATION AND ORDER for continuance of pending motions 28 Stipulated Motion to continue of pending motions. Motions Continued to a date to be determined after HUD appears and answers re: 18 Motion to Certify Class; 21 Motion for Partial Summary Judgment; 22 Motion for Summary Judgment; by Judge James L. Robart for Marsha J. Pechman.(MD) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

RECAP
30

Second AMENDED COMPLAINT for Injunctive and Declaratory Relief and Monetary Damages against defendant(s) US Department of Housing and Urban Development, Shaun Donovan, Seattle Housing Authority, Thomas Tierney, filed by Markeletta Wilson, Marie Townes.(Ehman, Merf) (Entered: 08/27/2009)

Aug. 27, 2009

Aug. 27, 2009

PACER
31

PRAECIPE TO ISSUE SUMMONS. Clerk issued 2 summons. (KL) (Entered: 08/28/2009)

Aug. 27, 2009

Aug. 27, 2009

PACER
32

AFFIDAVIT of Mailing of Summons and Complaint to US Department of Housing and Urban Development on 8/28/2009, filed by Plaintiffs Markeletta Wilson, Marie Townes. (Ehman, Merf) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
33

AFFIDAVIT of Mailing of Summons and Complaint to Shaun Donovan, Secretary of the US Department of Housing and Urban Development on 8/28/2009, filed by Plaintiffs Markeletta Wilson, Marie Townes. (Ehman, Merf) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
34

AFFIDAVIT of Mailing of Summons and Complaint to Eric Holder, US Attorney General on 8/28/2009, filed by Plaintiffs Markeletta Wilson, Marie Townes. (Ehman, Merf) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
35

SERVICE OF SUMMONS and Second Amended Complaint returned executed upon defendant US Department of Housing and Urban Development on 8/28/2009 (MD) (Entered: 09/03/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
36

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 11/17/2009, FRCP 26f Conference Deadline is 11/3/2009, Initial Disclosure Deadline is 11/10/2009, by Judge Marsha J. Pechman. (RM) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
37

NOTICE of Appearance by attorney Adam David Kirschner on behalf of Defendants US Department of Housing and Urban Development, Shaun Donovan. (Kirschner, Adam) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
38

Stipulated MOTION to Extend Deadlines by Defendants US Department of Housing and Urban Development, Shaun Donovan. Noting Date 10/16/2009, (Kirschner, Adam) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
39

MINUTE ORDER, US Department of Housing and Urban Development answer due 11/24/2009; Shaun Donovan answer due 11/24/2009. FRCP 26f Conference Deadline is 12/1/2009, Initial Disclosure Deadline is 12/8/2009, Joint Status Report due by 12/15/2009, by Judge Marsha J. Pechman. (IM) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
40

Agreed MOTION for Leave to File Excess Pages by Defendants US Department of Housing and Urban Development, Shaun Donovan. Noting Date 11/19/2009, (Kirschner, Adam) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
41

ORDER denying 40 Motion for Leave to File Excess Pages, signed by Judge Marsha J. Pechman.(SC) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

RECAP
42

MOTION to Dismiss by Defendants US Department of Housing and Urban Development, Shaun Donovan. (Attachments: # 1 Exhibit 1- Pour Declaration, # 2 Exhibit 2- Stewart Declaration, # 3 Exhibit 3- Rawson Declaration, # 4 Proposed Order) Noting Date 12/18/2009, (Kirschner, Adam) (Entered: 11/24/2009)

2 Exhibit 1- Pour Declaration

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3 Exhibit 2- Stewart Declaration

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4 Exhibit 3- Rawson Declaration

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5 Proposed Order

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Nov. 24, 2009

Nov. 24, 2009

PACER
43

MOTION to Stay HUD Defendants' Motion to Dismiss by Plaintiff Marie Townes, Defendants Seattle Housing Authority, Thomas Tierney. (Attachments: # 1 Proposed Order) Noting Date 12/11/2009, (Ehman, Merf) (Entered: 12/03/2009)

2 Proposed Order

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Dec. 3, 2009

Dec. 3, 2009

PACER
44

Agreed MOTION to Stay by Plaintiff Markeletta Wilson. (Attachments: # 1 Proposed Order) Noting Date 12/4/2009, (Ehman, Merf) (Entered: 12/04/2009)

Dec. 4, 2009

Dec. 4, 2009

PACER
45

AMENDMENT to 37 Notice of Appearance by Defendants US Department of Housing and Urban Development, Shaun Donovan,Seattle Housing Authority, Thomas Tierney. (Johnson, Kristin) Modified on 12/8/2009, removed Seattle Housing Authority, Thomas Tierney as filers per counsel (KN). (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
46

ORDER granting in part and denying in part 44 Motion to Stay 42 MOTION to Dismiss: the Motion to Dismiss is re-noted to 2/19/2010; signed by Judge Marsha J. Pechman.(SC) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

RECAP
47

JOINT STATUS REPORT signed by all parties estimated Trial Days: uncertain. Filed by Plaintiffs Markeletta Wilson, Marie Townes.(Ehman, Merf) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
48

ORDER SETTING TRIAL DATE AND RELATED DATES; Jury Trial is set for 3/28/2011 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 2/11/2010, Amended Pleadings due by 2/22/2010, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/30/2010, Motions due by 9/29/2010, Discovery completed by 10/29/2010, Dispositive motions due by 11/29/2010, Settlement conference to be held by 1/27/2011, 39.1 Settlement Report due by 2/28/2011, Motions in Limine due by 2/28/2011, Pretrial Order due by 3/16/2011, Pretrial Conference set for 3/18/2011 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. Trial briefs to be submitted by 3/23/2011, Proposed voir dire/jury instructions due by 3/23/2011, by Judge Marsha J. Pechman. (RM) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
49

MOTION for Leave to File Third Amended Complaint by Plaintiffs Markeletta Wilson, Marie Townes. (Attachments: # 1 Exhibit Ex. 1 to Plaintiffs' Motion for Leave to Amend Second Amended Complaint, # 2 Proposed Order Proposed Order on Plaintiffs' Motion for Leave to Amend Second Amended Complaint) Noting Date 2/12/2010, (Ehman, Merf) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
50

NOTICE of Supplemental Declarations re 42 MOTION to Dismiss ; filed by Defendants US Department of Housing and Urban Development, Shaun Donovan. (Attachments: # 1 Supplement Declaration of Ivan Pour, # 2 Exhibit A to Supplement Declaration of Ivan Pour, # 3 Supplement Declaration of Harlan Stewart)(Kirschner, Adam) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

PACER
51

RESPONSE, by Plaintiffs Markeletta Wilson, Marie Townes, to 42 MOTION to Dismiss. (Ehman, Merf) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
52

RESPONSE, by Defendant Seattle Housing Authority, to 42 MOTION to Dismiss. (Barbara, Scott) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
53

DECLARATION of Andrew J. Lofton filed by Defendant Seattle Housing Authority re 42 MOTION to Dismiss (Barbara, Scott) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
54

ORDER granting 49 Plaintiffs' Motion for leave to amend second amended complaint for injunctive and declaratory relief and monetary damages, by Judge Marsha J. Pechman.(MD) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER
55

REPLY, filed by Defendants US Department of Housing and Urban Development, Shaun Donovan, TO RESPONSE to 42 MOTION to Dismiss (Attachments: # 1 Exhibit 1- Pls Discovery Requests to HUD, # 2 Exhibit 2- Pls Discov Requests to SHA, # 3 Exhibit 3- Refiled Stewart Suppl Decl, # 4 Exhibit 4- Refiled Pour Suppl Decl)(Kirschner, Adam) (Entered: 02/19/2010)

2 Exhibit 1- Pls Discovery Requests to HUD

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3 Exhibit 2- Pls Discov Requests to SHA

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4 Exhibit 3- Refiled Stewart Suppl Decl

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5 Exhibit 4- Refiled Pour Suppl Decl

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Feb. 19, 2010

Feb. 19, 2010

PACER
56

MOTION for Preliminary Injunction by Plaintiff Markeletta Wilson. Oral Argument Requested. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) Noting Date 4/16/2010, (Ehman, Merf) (Entered: 03/25/2010)

2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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March 25, 2010

March 25, 2010

PACER
57

DECLARATION of Markeletta Wilson filed by Plaintiff Markeletta Wilson re 56 MOTION for Preliminary Injunction (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
58

DECLARATION of Karen Wyome filed by Plaintiff Markeletta Wilson re 56 MOTION for Preliminary Injunction (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
59

PROPOSED ORDER (Unsigned) re 56 MOTION for Preliminary Injunction (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
60

MOTION for Preliminary Injunction errata by Plaintiff Markeletta Wilson. Oral Argument Requested. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) Noting Date 4/16/2010, (Ehman, Merf) (Entered: 03/26/2010)

2 Exhibit

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3 Exhibit

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4 Exhibit

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March 26, 2010

March 26, 2010

PACER
61

DECLARATION of Markeletta Wilson Errata filed by Plaintiff Markeletta Wilson re 60 MOTION for Preliminary Injunction errata (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
62

DECLARATION of Karen Wyome Errata filed by Plaintiff Markeletta Wilson re 60 MOTION for Preliminary Injunction errata (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
63

PROPOSED ORDER (Unsigned) re 60 MOTION for Preliminary Injunction errata (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
64

ERRATA re 60 MOTION for Preliminary Injunction errata, 61 Declaration, 62 Declaration, 63 Proposed Order (Unsigned) by Plaintiff Markeletta Wilson. (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
65

CERTIFICATE OF SERVICE by Plaintiff Markeletta Wilson re 60 MOTION for Preliminary Injunction errata, 61 Declaration, 62 Declaration, 63 Proposed Order (Unsigned) Amended. (Ehman, Merf) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
66

RESPONSE, by Defendants US Department of Housing and Urban Development, Shaun Donovan, to 60 MOTION for Preliminary Injunction errata, 56 MOTION for Preliminary Injunction. (Kirschner, Adam) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
67

RESPONSE, by Defendant Seattle Housing Authority, to 60 MOTION for Preliminary Injunction errata, 56 MOTION for Preliminary Injunction. (Barbara, Scott) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
68

DECLARATION of Deanna Montgomery-Owens filed by Defendant Seattle Housing Authority re 60 MOTION for Preliminary Injunction errata, 56 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Exhibit A (Pages 1-41), # 2 Exhibit A (Pages 42-81), # 3 Exhibit A (Pages 82-106))(Barbara, Scott) (Entered: 04/12/2010)

2 Exhibit Exhibit A (Pages 1-41)

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3 Exhibit A (Pages 42-81)

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4 Exhibit A (Pages 82-106)

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April 12, 2010

April 12, 2010

PACER
69

PRAECIPE to attach document (Signature Page) of Deanna Montgomery-Owens re 68 Declaration, by Defendant Seattle Housing Authority. (Barbara, Scott) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
70

PRAECIPE to attach document by Plaintiff Markeletta Wilson. (Attachments: # 1 Exhibit Substitute Pages to Exhibit 1)(Ehman, Merf) (Entered: 04/16/2010)

2 Exhibit Substitute Pages to Exhibit 1

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April 16, 2010

April 16, 2010

PACER
71

REPLY, filed by Plaintiff Markeletta Wilson, TO RESPONSE to 56 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit)(Ehman, Merf) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

PACER
72

ORDER granting in part and denying in part 42 HUD Motion to Dismiss; signed by Judge Marsha J. Pechman.(SC) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

RECAP
73

Supplemental DECLARATION of Markeletta Wilson filed by Plaintiff Markeletta Wilson re 60 MOTION for Preliminary Injunction errata (Ehman, Merf) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
74

NOTICE of Hearing 60 MOTION for Preliminary Injunction errata : ORAL ARGUMENT/Motion Hearing set for 5/10/2010 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. Each side will have 20 minutes for argument, including rebuttal. (RM) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

PACER
75

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Law Clerk: Steven Crozier; Pla Counsel: Merf Ehman, Nicholas Straley,; Def Counsel: Adam Kirschner (HUD), Scott Barbara (SHA); Time of Hearing: 4:00 pm; Telephone Conference held on 5/5/2010 re: Def HUD's motion for leave to file a memorandum regarding HUD's interpretation of certain HUD regulations. Judge Pechman withheld ruling on the motion until the conclusion of oral argument on the underlying Motion for Preliminary Injunction by Plaintiff Wilson. (SC) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
76

ANSWER to Complaint (Third Amended) by US Department of Housing and Urban Development, Shaun Donovan.(Kirschner, Adam) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
77

MEMORANDUM filed by Defendants US Department of Housing and Urban Development, Shaun Donovan re 60 MOTION for Preliminary Injunction errata, 67 Response to Motion, 56 MOTION for Preliminary Injunction (Kirschner, Adam) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
78

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Nicholas Straley, Merf Ehman; Def Counsel: Scott Barbara, David Reizes, James Fearn, Adam Kirschner; CR: Kari McGrath; Hearing held on 5/10/2010 regarding 60 MOTION for Preliminary Injunction errata filed by Markeletta Wilson. Oral argument presented. Court will allow Defendant HUD to file their brief. Defendant SHA has until close of business Wednesday to respond. Court will have opinion out by close of business next Monday. (RM) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
79

MEMORANDUM filed by Defendant Seattle Housing Authority re 60 MOTION for Preliminary Injunction errata, 67 Response to Motion, 56 MOTION for Preliminary Injunction in Response to Federal Defendants' Memorandum 77 regarding Regulatory Interpretation (Barbara, Scott) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
80

ORDER denying 60 Motion for Preliminary Injunction; signed by Judge Marsha J. Pechman.(SC) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

RECAP
81

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of held on 5/10/2010 before Judge Marsha J. Pechman.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Kari McGrath by telephone at 206-370-8509. . Release of Transcript Restriction set for 8/18/2010, (SA) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
82

MOTION for Discovery CR37 Submission by Plaintiffs Marie Townes, Markeletta Wilson. (Attachments: # 1 Declaration of Counsel in Support of CR37 Submission, # 2 Proposed Order Proposed Order Granting CR37 Submission) Noting Date 8/12/2010, (Ehman, Merf) (Entered: 08/12/2010)

1 Declaration of Counsel in Support of CR37 Submission

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2 Proposed Order Proposed Order Granting CR37 Submission

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Aug. 12, 2010

Aug. 12, 2010

PACER
83

MOTION for Extension of Time to Complete Discovery by Plaintiffs Marie Townes, Markeletta Wilson. (Attachments: # 1 Proposed Order) Noting Date 9/17/2010, (Straley, Nicholas) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
84

DECLARATION of Plaintiffs' Counsel filed by Plaintiffs Marie Townes, Markeletta Wilson re 83 MOTION for Extension of Time to Complete Discovery (Straley, Nicholas) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
85

ORDER granting 82 Motion for Discovery and awarding attorney's fees to moving party; signed by Judge Marsha J. Pechman.(SC) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

RECAP
86

ORDER granting 83 Plaintiffs' Motion for Extension of Time to Complete Discovery. Discovery completed by 1/14/2011, Dispositive motions due by 1/27/2011, Motions regarding discovery due by 12/16/2010, by Judge Marsha J. Pechman.(MD) (Entered: 09/27/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
87

MOTION for Summary Judgment by Defendants Shaun Donovan, US Department of Housing and Urban Development. (Attachments: # 1 Exhibit 1- Pour Declaration, # 2 Exhibit 2- Fed Defs Discov Requests on Pls, # 3 Exhibit 3- Fed Defs Discov Requests on SHA, # 4 Exhibit 4- Pls Discov Requests on HUD, # 5 Exhibit 5- Pls First Set of Discov Requets on SHA, # 6 Exhibit 6- Fed Defs Discov Responses to Pls Requests, # 7 Exhibit 7- SHA Discov Resp to Fed Defs Requests, # 8 Exhibit 8- Stewart Supplemental Declaration, # 9 Exhibit 9- Pls Discov Resp to Fed Defs Requests, # 10 Proposed Order) Noting Date 12/10/2010, (Kirschner, Adam) (Entered: 11/09/2010)

1 Exhibit 1- Pour Declaration

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2 Exhibit 2- Fed Defs Discov Requests on Pls

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3 Exhibit 3- Fed Defs Discov Requests on SHA

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4 Exhibit 4- Pls Discov Requests on HUD

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5 Exhibit 5- Pls First Set of Discov Requets on SHA

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6 Exhibit 6- Fed Defs Discov Responses to Pls Requests

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7 Exhibit 7- SHA Discov Resp to Fed Defs Requests

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8 Exhibit 8- Stewart Supplemental Declaration

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9 Exhibit 9- Pls Discov Resp to Fed Defs Requests

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10 Proposed Order

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Nov. 9, 2010

Nov. 9, 2010

PACER
88

MOTION to Amend Third Amended Complaint by Plaintiffs Marie Townes, Markeletta Wilson. (Attachments: # 1 Proposed Order) Noting Date 11/26/2010, (Ehman, Merf) (Entered: 11/10/2010)

1 Proposed Order

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Nov. 10, 2010

Nov. 10, 2010

PACER
89

RESPONSE, by Defendants Shaun Donovan, US Department of Housing and Urban Development, to 88 MOTION to Amend Third Amended Complaint. (Kirschner, Adam) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
90

RESPONSE, by Defendants Seattle Housing Authority, Thomas Tierney, to 88 MOTION to Amend Third Amended Complaint. (Barbara, Scott) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
91

REPLY, filed by Plaintiff Markeletta Wilson, TO RESPONSE to 88 MOTION to Amend Third Amended Complaint (Ehman, Merf) (Entered: 11/26/2010)

Nov. 26, 2010

Nov. 26, 2010

PACER
92

RESPONSE, by Plaintiff Marie Townes, to 87 MOTION for Summary Judgment. Oral Argument Requested. (Ehman, Merf) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
93

RESPONSE, by Defendants Seattle Housing Authority, Thomas Tierney, to 87 MOTION for Summary Judgment. (Barbara, Scott) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
94

DECLARATION of Nicholas B. Straley filed by Plaintiff Marie Townes re 87 MOTION for Summary Judgment (Ehman, Merf) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
95

DECLARATION of Marie Townes filed by Plaintiff Marie Townes re 87 MOTION for Summary Judgment (Ehman, Merf) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
96

DECLARATION of Markeletta Wilson filed by Plaintiff Marie Townes re 87 MOTION for Summary Judgment (Ehman, Merf) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
97

PROPOSED ORDER (Unsigned) re 87 MOTION for Summary Judgment. (Ehman, Merf) (Entered: 12/07/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
98

DECLARATION of Counsel filed by Plaintiffs Marie Townes, Markeletta Wilson re 87 MOTION for Summary Judgment (Ehman, Merf) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
99

ERRATA RE: Plaintiffs' Response to Federal Defendants' Motion for Summary Judgment by Plaintiff Marie Townes. (Ehman, Merf) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
100

RESPONSE, by Plaintiff Marie Townes, to 87 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-6, # 3 Exhibit 7-11)(Ehman, Merf) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER

Case Details

State / Territory: Washington

Case Type(s):

Public Housing

Key Dates

Filing Date: Feb. 20, 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

The class includes all Seattle Housing Administration Section 8 voucher holders who had termination hearings on or after February 20, 2006 and before August 1, 2008 and whose Section 8 vouchers were terminated as a result of such hearings. There are 82 people in the class.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Seattle Housing Authority, State

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 195,000

Order Duration: 2012 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Reasonable Accommodation

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Government Services

Housing

Housing assistance

Poverty/homelessness

Public assistance grants

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

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Family discrimination

Disability:

disability, unspecified