Massachusetts Fair Housing Center v. United States Department of Housing and Urban Development

Massachusetts Fair Housing Center v. United States Department of Housing and Urban Development

Andrew Nash

COMPLAINT against United States Department of Housing and Urban Development, Ben Carson Filing fee: $ 400, receipt number 0101-8437693 (Fee Status: Filing Fee paid), filed by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: # 1 Civil Category Sheet, # 2 Civil Cover Sheet, # 3 Exhibit A to Complaint, # 4 Exhibit B to Complaint)(Makarious, Mina) Modified docket text on 9/28/2020 (Pacho, Arnold). (Entered: 09/28/2020)

1 Civil Category Sheet

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2 Civil Cover Sheet

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3 Exhibit A to Complaint

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4 Exhibit B to Comoplaint

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Case transferred to Western Division (Springfield). (Pacho, Arnold) (Entered: 09/28/2020)

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Healy, Bethaney) (Entered: 09/28/2020)

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Healy, Bethaney) (Entered: 09/28/2020)

NOTICE of Appearance by Scott P. Lewis on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Lewis, Scott) (Entered: 09/29/2020)

NOTICE of Appearance by Annie Lee on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Lee, Annie) (Entered: 09/29/2020)

NOTICE of Appearance by Lauren A. Sampson on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Sampson, Lauren) (Entered: 09/29/2020)

CORPORATE DISCLOSURE STATEMENT by Massachusetts Fair Housing Center. (Makarious, Mina) (Entered: 09/29/2020)

CORPORATE DISCLOSURE STATEMENT by Housing Works, Inc.. (Makarious, Mina) (Entered: 09/29/2020)

NOTICE of Appearance by Oren M. Sellstrom on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Sellstrom, Oren) (Entered: 09/29/2020)

MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule by Housing Works, Inc., Massachusetts Fair Housing Center.(Makarious, Mina) (Entered: 10/06/2020)

MEMORANDUM in Support re 11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: # 1 Exhibit Declaration of Meris Bergquist, # 2 Exhibit Declaration of Armen Merjian, # 3 Exhibit Declaration of Jo-Ann Barbour, # 4 Exhibit Declaration of William Berman, # 5 Exhibit Declaration of Andrew DeFranza, # 6 Exhibit Declaration of Jane Edmonstone, # 7 Exhibit Declaration of Lewis Finfer, # 8 Exhibit Declaration of Lisa Guisbond, # 9 Exhibit Declaration of Joseph Michalakes, # 10 Exhibit Declaration of Lisa Owens, # 11 Exhibit Declaration of Dinanyili Paulino, # 12 Exhibit Declaration of Brenda Torpy, # 13 Exhibit Declaration of Dwaign Tyndal, # 14 Exhibit Declaration of Ted Wimpey, # 15 Exhibit Declaration of John Woods)(Makarious, Mina) (Attachment 9 replaced on 10/6/2020)PDF Attachment for Exhibit 9 had an error upon uploading Modified on 10/6/2020 (Zamorski, Michael). (Entered: 10/06/2020)

1 Exhibit Declaration of Meris Bergquist

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2 Exhibit Declaration of Armen Merjian

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3 Exhibit Declaration of Jo-Ann Barbour

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4 Exhibit Declaration of William Berman

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5 Exhibit Declaration of Andrew DeFranza

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6 Exhibit Declaration of Jane Edmonstone

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7 Exhibit Declaration of Lewis Finfer

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8 Exhibit Declaration of Lisa Guisbond

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9 Exhibit Declaration of Joseph Michalakes

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10 Exhibit Declaration of Lisa Owens

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11 Exhibit Declaration of Dinanyili Paulino

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12 Exhibit Declaration of Brenda Torpy

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13 Exhibit Declaration of Dwaign Tyndal

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14 Exhibit Declaration of Ted Wimpey

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15 Exhibit Declaration of John Woods

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered re: 11 Motion for Preliminary Injunction. Defendant shall file any opposition to Plaintiffs' Motion for Preliminary Injunction by October 14, 2020. The court intends to hold a hearing on October 16, 2020; notice of the hearing will issue separately. Plaintiff shall serve Defendant with this order as soon as possible. (Figueroa, Tamara) (Entered: 10/06/2020)

ELECTRONIC NOTICE of Motion Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Motion Hearing set for 10/16/2020 at 10:15 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. (Figueroa, Tamara) (Entered: 10/06/2020)

Order

Notice of Hearing

NOTICE of Appearance by James D. Todd, Jr on behalf of Ben Carson, United States Department of Housing and Urban Development (Todd, James) (Entered: 10/13/2020)

Consent MOTION for Leave to File Excess Pages for Defendants' Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction and a Stay Under 5 U.S.C. 705 by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 10/13/2020)

NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of Ben Carson, United States Department of Housing and Urban Development (Andrapalliyal, Vinita) (Entered: 10/13/2020)

NOTICE of Appearance by Joshua M. Daniels on behalf of National Housing Law Project, Shriver Center on Poverty Law, Kansas Appleseed, Nebraska Appleseed, Public Justice Center (Daniels, Joshua) (Entered: 10/13/2020)

MOTION for Leave to Appear Pro Hac Vice for admission of Eric Sirota, Marie Claire Tran-Leung, Clayton Pasley, Katherine Walz, Renee M. Williams Filing fee: $ 500, receipt number 0101-8460921 by National Housing Law Project, Shriver Center on Poverty Law. (Attachments: # 1 Exhibit Exhibit A - Declarations of Eric Sirota, Marie Claire Tran-Leung, Clayton Pasley, Katherine Walz, and Renee M. Williams in Support of Motion for Admission Pro Hac Vice)(Daniels, Joshua) (Entered: 10/13/2020)

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Assented to MOTION for Leave to File Amicus Brief in Support of Plaintiffs by Kansas Appleseed, National Housing Law Project, Nebraska Appleseed, Public Justice Center, Shriver Center on Poverty Law. (Attachments: # 1 Exhibit Brief of Amicus Curiae)(Daniels, Joshua) (Entered: 10/13/2020)

NOTICE of Appearance by Stuart T. Rossman on behalf of National Consumer Law Center (Rossman, Stuart) (Entered: 10/13/2020)

Assented to MOTION for Leave to File Amicus Brief by National Consumer Law Center. (Attachments: # 1 Exhibit Attachment A Proposed Amicus Brief)(Rossman, Stuart) (Entered: 10/13/2020)

1 Exhibit Attachment A Proposed Amicus Brief

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 16 Consent Motion for Leave to File Excess Pages, 20 Assented to Motion for Leave to File Amicus Brief in Support of Plaintiffs, and 22 Assented to Motion for Leave to File Amicus Brief. In addition, the parties will be limited to 25 minutes each for oral argument. (Lindsay, Maurice) (Entered: 10/14/2020)

MEMORANDUM in Opposition re 11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit A: Plaintiff Mass. Fair Hous. Ctr.'s 2018 Comment, # 2 Exhibit B: Plaintiff Mass. Fair Hous. Ctr.'s 2019 Comment)(Todd, James) (Entered: 10/14/2020)

1 Exhibit A: Plaintiff Mass. Fair Hous. Ctr.'s 2018 Comment

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2 Exhibit B: Plaintiff Mass. Fair Hous. Ctr.'s 2019 Comment

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Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document AND Order on Motion for Leave to File Excess Pages

Order on Motion for Leave to File Document AND Order on Motion for Leave to File Excess Pages AND Order on Motion for Leave to File Document

MOTION for Leave to File Reply Brief and Supplemental Declarations in Support of Plaintiffs' Motion Under 5 U.S.C. Section705 to Postpone the Effective Date of HUD's Unlawful New Rule by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Makarious, Mina) (Entered: 10/15/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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MEMORANDUM in Opposition re 25 MOTION for Leave to File Reply Brief and Supplemental Declarations in Support of Plaintiffs' Motion Under 5 U.S.C. Section705 to Postpone the Effective Date of HUD's Unlawful New Rule filed by Ben Carson, United States Department of Housing and Urban Development. (Andrapalliyal, Vinita) (Entered: 10/15/2020)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting in part and denying in part 25 Motion for Leave to File Reply Brief and Supplemental Declarations. The court allows Plaintiffs' motion to the extent it seeks leave to file a reply brief, but denies the motion as to the request to file supplemental declarations. As the government argues, the supplemental declarations come too late for purposes of the preliminary injunction, especially given that the factual assertions could have been raised in Plaintiffs' original filings in support of the injunction request. The court will, however, consider the legal arguments raised in the reply brief. (Figueroa, Tamara) (Entered: 10/16/2020)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Counsel appear for Motion Hearing held on 10/16/2020 re 11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Housing Works, Inc., Massachusetts Fair Housing Center. Arguments heard. Matter taken under advisement. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Lewis, Makarious, Lee, Sampton, Todd) (Healy, Bethaney) (Entered: 10/16/2020)

Order on Motion for Leave to File Document

Motion Hearing

Judge Mark G. Mastroianni: ORDER entered: PRELIMINARY INJUNCTION. For the reasons stated in Memorandum and Order, the court ALLOWS Plaintiffs Motion for a Preliminary Injunction Under 5 U.S.C. ยง 705 to Postpone the Effective Date of HUDs Unlawful New Rule (Dkt. No. 11). It is so Ordered. See attached Memorandum and Order. (Rivera, Christina) (Main Document 29 replaced on 10/27/2020) (Lindsay, Maurice). (Entered: 10/25/2020)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 11/20/2020)

1 Text of Proposed Order

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 30 Consent MOTION for Extension of Time to 30 days for defendant HUD to File Answer to plaintiff's 1 Complaint. (Lindsay, Maurice) (Entered: 11/23/2020)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice. ALLOWED. Added Clayton Pasley, Katherine Walz, Renee M. Williams, Marie Claire Tran-Leung, and Eric Sirota. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 11/23/2020)

Order on Motion for Extension of Time to Answer

Order on Motion for Leave to Appear

NOTICE OF APPEAL as to 29 Preliminary Injunction, by Ben Carson, United States Department of Housing and Urban Development Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/12/2021. (Todd, James) (Entered: 12/23/2020)

Consent MOTION for Extension of Time to January 15, 2021 to File Answer re 1 Complaint, by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 12/23/2020)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 33 Notice of Appeal. (Paine, Matthew) (Entered: 12/23/2020)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 34 Motion for Extension of Time to Answer Ben Carson answer due 1/15/2021. (Zamorski, Michael) (Entered: 12/23/2020)

Order on Motion for Extension of Time to Answer

Consent MOTION for Extension of Time to February 16, 2021 to File Answer re 1 Complaint, by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 01/12/2021)

1 Text of Proposed Order

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time to Answer re 1 Complaint, All Defendants. (Zamorski, Michael) (Entered: 01/14/2021)

Order on Motion for Extension of Time to Answer

MOTION to Stay (Unopposed) by Ben Carson, United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 02/11/2021)

1 Text of Proposed Order

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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 39 Defendant's Unopposed Motion to Stay Proceedings. The parties shall confer at least once every thirty days regarding Defendant's administrative review. In addition, Defendant shall file a written status report either within fourteen days of completion of the initial stage of HUD's administrative review process or by June 11, 2021, whichever is earlier. Plaintiffs may move to lift the stay at any time. (Lindsay, Maurice) (Entered: 02/12/2021)

Set/Reset Deadlines: Status Report due by 6/11/2021 (Lindsay, Maurice) (Entered: 02/12/2021)

Order on Motion to Stay

USCA Judgment as to 33 Notice of Appeal, filed by United States Department of Housing and Urban Development, Ben Carson (Paine, Matthew) (Entered: 02/19/2021)

MANDATE of USCA as to 33 Notice of Appeal, filed by United States Department of Housing and Urban Development, Ben Carson. Appeal 33 Terminated (Paine, Matthew) (Entered: 02/19/2021)

STATUS REPORT by Ben Carson, United States Department of Housing and Urban Development. (Todd, James) (Entered: 06/11/2021)

Judge Mark G. Mastroianni: Electronic order entered re: 44 Joint Status Report. As requested by the parties in their Joint Status Report, the stay in this matter is extended and the parties shall file another joint status report by August 10, 2021.(Zamorski, Michael) (Entered: 06/14/2021)

Order

STATUS REPORT by Housing Works, Inc., Massachusetts Fair Housing Center. (Sampson, Lauren) (Entered: 09/27/2021)

Judge Mark G. Mastroianni: Electronic order entered re: 46 Joint Status Report. As requested by the parties in their Joint Status Report, the stay in this matter is extended and the parties shall file another joint status report by November 30, 2021.(Zamorski, Michael) (Entered: 09/28/2021)

Order

NOTICE of Withdrawal of Appearance by Renee M. Williams as counsel for amicus curiae National Housing Law Project (Williams, Renee) (Entered: 10/14/2021)

STATUS REPORT of the Parties by Ben Carson, United States Department of Housing and Urban Development. (Todd, James) (Entered: 12/01/2021)

Judge Mark G. Mastroianni: ELECTRONIC ORDER regarding 49 Joint Status Report. The court grants the parties request for continued stay. The parties are ordered to file a further status report with the court by January 31, 2022. So ordered. (Healy, Bethaney) (Entered: 12/16/2021)

Set/Reset Deadlines: Status Report due by 1/31/2022 (Healy, Bethaney) (Entered: 12/16/2021)

Order

STATUS REPORT, Joint by Ben Carson, United States Department of Housing and Urban Development. (Todd, James) (Entered: 01/31/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER regarding 52 Joint Status Report. The court grants the parties request for continued stay. The parties are ordered to file a further status report with the court by April 1, 2022. So ordered.(Zamorski, Michael) (Entered: 02/01/2022)

Order

STATUS REPORT, Joint by Ben Carson, United States Department of Housing and Urban Development. (Todd, James) (Entered: 04/01/2022)

Electronic order entered regarding 54 Joint Status Report. The court grants the parties' request to continue the stay of this action. The parties are ordered to file another joint status report by June 30, 2022. (Figueroa, Tamara) (Entered: 04/06/2022)

Order