Case: Kennedy v. City of Zanesville

2:03-cv-01047 | U.S. District Court for the Southern District of Ohio

Filed Date: Nov. 3, 2003

Closed Date: April 2, 2009

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Case Summary

On November 19, 2003, a group of Black residents of the City of Zanesville, in Muskingum County, Ohio, and the Fair Housing Advocates Association filed a lawsuit in the U.S. District Court for the Southern District of Ohio against the city of Zanesville ("City"), Washington Township ("Township"), Washington Township Trustees, and Muskingum County Commissioners ("County"). The plaintiffs, represented by public interest attorneys, asked the court for declaratory, injunctive, and monetary relief, alleging that the defendants engaged in racial discrimination in violation of the Fair Housing Act, the U.S. Constitution, Title VI of the Civil Rights Act, and Ohio state law. Specifically, the complaint claimed that the defendants denied the plaintiffs access to public water service because of their race and/or because they lived in predominantly Black neighborhoods.

By December 19, 2005, the plaintiffs included sixty-eight individuals in addition to the Fair Housing Advocates Association. The Ohio Civil Rights Commission also joined the plaintiffs as an intervening party.

After three and a half years of litigation and discovery, the defendants filed motions for summary judgment on March 14, 2007. In their motions, the defendants argued, among other claims, that the statute of limitations barred the plaintiffs' claims, that the plaintiffs lacked standing, that the plaintiffs failed to establish a case for their discrimination claims, and that immunity protected the government defendants from liability.

On September 7, 2007, District Court Judge Algenon L. Marbley granted the Township defendants' motion for summary judgment and dismissed them as defendants in this case due to a lack of causation between the Township defendants and the injuries the plaintiffs suffered. Judge Marbley went on to grant in part and deny in part the City and County defendants' motions. Due to the undisputed fact that water service was extended to the area in question by January 2004, the Court found injunctive relief for the plaintiffs inappropriate. Additionally, Judge Marbley relied on Ohio state law to find that the plaintiffs could not recover punitive damages from the defendants. Finally, Judge Marbley found that the plaintiffs did not provide evidence as to how the County Commissioners in their individual capacities injured the plaintiffs.

As such, Judge Marbley granted the City's and County's motions as to the plaintiffs' demand for injunctive relief and punitive damages and the plaintiffs' claims against the County Commissioners in their individual capacities.

After another year of litigation, a jury trial commenced before Judge Marbley on May 12, 2008. The parties rested on June 24, 2008. Despite the County defendant's motion for a mistrial, the jury returned a verdict on July 11, 2008, in favor of all plaintiffs and holding the defendants liable for amounts ranging from $3,000 to $165,000 per plaintiff. The court clerk entered judgment in favor of the plaintiffs on July 17, 2008.

Following the entry of judgment, the defendants filed motions for a mistrial, to stay the execution of the clerk's judgment, and for a new trial. Additionally, Muskingum County filed a notice of appeal as to the clerk's judgment in favor of the plaintiffs on July 31, 2008 (USCA Case Number 08-3985). On August 1, 2008, and August 20, 2008, Judge Marbley denied the City and County defendants' motions to stay.

In March 2009, both the City and County defendants satisfied the judgment and the parties entered a stipulation of dismissal on March 20, 2009. The Sixth Circuit Court of Appeals dismissed the defendants' appeal on April 2, 2009. As a result, this case is closed.

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Summary Authors

Richa Bijlani (3/9/2022)

Documents in the Clearinghouse

	Document
1 2:03-cv-01047	Class Action Complaint Kennedy v. The City of Zanesville, Ohio	Nov. 13, 2003	Nov. 13, 2003 Complaint
424 2:03-cv-01047	Writ of Habeas Corpus and Prosequendum	May 23, 2008	May 23, 2008 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Kennedy v. City of Zanesville Relman Colfax	On July 10, 2008, a federal court jury returned verdicts totaling nearly $11 million against the City of Zanesville, Ohio, Muskingum County, Ohio, and the East Muskingum Water Authority for illegally…	July 10, 2008	July 10, 2008 https://www.relmanlaw.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4795260/kennedy-v-the-city-of-zanesville-ohio/

Last updated July 10, 2023, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against all defendants (Filing fee $ 150.)Receipt # 238947, filed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendants The City of Zanesville, Ohio Washington Township, Clint Cameron, Doug Culbertson, Sandra James.(rew, ) (Entered: 11/19/2003)	Nov. 13, 2003	Nov. 13, 2003 Clearinghouse
2	NOTICE of Placement in CM/ECF Docketing System. (rew, ) (Entered: 11/19/2003)	Nov. 13, 2003	Nov. 13, 2003 PACER
3	AMENDED COMPLAINT CLASS ACTION against all defendants, filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association, Defendants The City of Zanesville, Ohio Washington Township, Clint Cameron, Doug Culbertson, Sandra James. (Attachments: # 1 Exhibit)(Robinson, Rachel) (Entered: 12/01/2003)	Dec. 1, 2003	Dec. 1, 2003 PACER
4	MOTION for Joinder of Necessary Party by Plaintiff The Fair Housing Advocates Association. (Attachments: # 1 Exhibit minutes# 2 Exhibit minutes# 3 Exhibit affidavit# 4 Errata Order)(Wilson, Beth) (Entered: 12/12/2003)	Dec. 12, 2003	Dec. 12, 2003 PACER
5	NOTICE of Appearance by Mark David Landes Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County (Landes, Mark) (Entered: 12/17/2003)	Dec. 17, 2003	Dec. 17, 2003 PACER
6	MOTION for John Relman to Appear PHV by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (PHV fee paid) (sln, ) (Entered: 12/22/2003)	Dec. 18, 2003	Dec. 18, 2003 PACER
7	MOTION for Shilpa Satoskar to Appear PHV by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (PHV fee paid) (sln, ) (Entered: 12/22/2003)	Dec. 18, 2003	Dec. 18, 2003 PACER
8	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Paul Bunting. Paul Bunting waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
9	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Clint Cameron. Clint Cameron waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
10	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Doug Culbertson. Doug Culbertson waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
11	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Sandra James. Sandra James waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
12	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Edward Kenily. Edward Kenily waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
13	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Don Madden. Don Madden waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
14	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Dorothy Montgomery. Dorothy Montgomery waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
15	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant Muskingum County. Muskingum County waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 12/30/2003)	Dec. 30, 2003	Dec. 30, 2003 PACER
16	MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Joinder of Necessary Party by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County. (Landes, Mark) (Entered: 01/02/2004)	Jan. 2, 2004	Jan. 2, 2004 PACER
17	Defendants, Washington Township, Paul Bunting, Doug Culbertson, Clint Cameron and Sandra James' ANSWER to Amended Complaint of Plaintiff's Class-Action by Defendant Washington Township.(Valentine, Michael) (Entered: 01/06/2004)	Jan. 6, 2004	Jan. 6, 2004 PACER
18	ORDER Granting 16 Defendant Muskingum County's Motion to set a deadline for all parties to respond to Plaintiffs re 4 MOTION for Joinder of Necessary Party. Parties shall respond to Plaintiffs' motion within two (2) weeks following the 26 (f) meeting of the parties. Signed by Judge Mark R. Abel on 1/7/04. (tto, ) (Entered: 01/07/2004)	Jan. 7, 2004	Jan. 7, 2004 PACER
19	ORDER Granting 6 John P. Relman and Shilpa S. Satoskar's Motion for Leave to Appear pro hac vice on behalf of plaintiffs Jerry R. Kennedy, Richard Kennedy, Cynthia Hairston, and The Fair Housing Advocates Association. Signed by Judge Mark R. Abel on 1/9/04. (tto, ) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004 PACER
20	NOTICE of Appearance by Mark W Baserman Sr. Defendant The City of Zanesville Ohio (Baserman, Mark) (Entered: 01/12/2004)	Jan. 12, 2004	Jan. 12, 2004 PACER
21	ANSWER to Amended Complaint (First) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 01/13/2004)	Jan. 13, 2004	Jan. 13, 2004 PACER
22	WAIVER OF SERVICE Returned Executed by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association, Defendant The City of Zanesville Ohio. The City of Zanesville Ohio waiver sent on 11/14/2003, answer due 1/13/2004. (Robinson, Rachel) (Entered: 01/15/2004)	Jan. 15, 2004	Jan. 15, 2004 PACER
23	First MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County. (Landes, Mark) (Entered: 01/15/2004)	Jan. 15, 2004	Jan. 15, 2004 PACER
24	ANSWER to Complaint with Jury Demand by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Landes, Mark) (Entered: 01/15/2004)	Jan. 15, 2004	Jan. 15, 2004 PACER
25	ORDER Granting 23 Muskingum County Defendants Motion for Extension of Time to Answer re 1 Complaint. Answer filed on 1/15/04 is hereby deemed timely filed. Signed by Judge Mark R. Abel on 1/21/04. (tto, ) (Entered: 01/21/2004)	Jan. 21, 2004	Jan. 21, 2004 PACER
26	NOTICE of Hearing: Preliminary Pretrial Conference set for 4/22/2004 at 11:00 AM in chambers before Mark R. Abel. Conference of the parties must be held by 4/1/04. Report of parties due 4/15/04. (Attachments: # 1 General Order on Pretrial# 2 General Order on Settlement Week# 3 Report of Parties)(tto, ) (Entered: 01/26/2004)	Jan. 26, 2004	Jan. 26, 2004 PACER
27	Mail Returned as Undeliverable. Mail (document # 19) sent to Jennifer Steves. Remailed 1/28/04. (sln, ) (Entered: 01/28/2004)	Jan. 26, 2004	Jan. 26, 2004 PACER
28	MOTION for Extension of Time to File Motion for Class Certification by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Robinson, Rachel) (Entered: 02/13/2004)	Feb. 13, 2004	Feb. 13, 2004 PACER
29	ORDER Granting 28 Plaintiffs' Motion to Set Deadline for Filing of Class Certification Motion. . Signed by Judge Mark R. Abel on 2/13/04. (tto, ) (Entered: 02/13/2004)	Feb. 13, 2004	Feb. 13, 2004 PACER
30	MOTION for Leave for Jennifer W. Steves to Appear PHV by Plaintiff The Fair Housing Advocates Association. (Fee paid) (sln, ) (Entered: 02/17/2004)	Feb. 13, 2004	Feb. 13, 2004 PACER
	PHV Filing fee, for atty Steves: $ 50.00, receipt number 240193 (sln, )	Feb. 13, 2004	Feb. 13, 2004 PACER
31	ORDER Granting 30 Jennifer W. Steves' Motion for Leave to Appear pro hac vice on behalf of plaintiff The Fair Housing Advocates Association on the condition that she register for electronic filing within 15 days of the date of this Order. Signed by Judge Mark R. Abel on 3/11/04. (tto, ) (Entered: 03/11/2004)	March 11, 2004	March 11, 2004 PACER
32	STIPULATION of Dismissal of Plaintiffs' Claims Against Sandra James by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association. (Relman, John) (Entered: 04/06/2004)	April 6, 2004	April 6, 2004 PACER
33	RULE 26(f) REPORT of the Parties by Defendants Paul Bunting, Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County, The City of Zanesville Ohio, Washington Township, Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association. (Walls, Jessica) (Entered: 04/15/2004)	April 15, 2004	April 15, 2004 PACER
34	RESPONSE in Opposition re 4 MOTION for Joinder of Necessary Party filed by Defendants Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County. (Attachments: # 1 Exhibit OCRC Complaint Filed December 19, 2003 in Muskingum County Common Pleas Court)(Walls, Jessica) (Entered: 04/15/2004)	April 15, 2004	April 15, 2004 PACER
35	CORPORATE DISCLOSURE STATEMENT by Plaintiff The Fair Housing Advocates Association. (Relman, John) (Entered: 04/19/2004)	April 19, 2004	April 19, 2004 PACER
36	RESPONSE in Support re 4 MOTION for Joinder of Necessary Party filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Dane, Stephen) (Entered: 04/21/2004)	April 21, 2004	April 21, 2004 PACER
37	This document was filed without a signature, it was refiled as document # 38 RESPONSE in Support re 4 MOTION for Joinder of Necessary Party of the Ohio Civil Rights Commission filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Attachments: # 1 Exhibit # 2 Exhibit)(Schmidt, Stefan) Modified on 4/28/2004 (tto, ). (Entered: 04/26/2004)	April 26, 2004	April 26, 2004 PACER
38	RESPONSE in Support re 4 MOTION for Joinder of Necessary Party of the Ohio Civil Rights Commission filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Attachments: # 1 Exhibit # 2 Exhibit)(Schmidt, Stefan) (Entered: 04/26/2004)	April 26, 2004	April 26, 2004 PACER
39	PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 9/1/2004. Plaintiff's motion to certify a class due 10/1/04. Motions to Amend due by 9/1/2004. Primary Expert due by 3/25/2005. Rebuttal Expert due by 5/6/2005. All non-expert discovery due 2/25/05. Discovery due by 6/25/2005. Dispositive motions due by 7/26/2005. This case will be set for the September 2004 Settlement Week. Signed by Judge Mark R. Abel on 4/23/04. (tto, ) (Entered: 04/27/2004)	April 27, 2004	April 27, 2004 PACER
40	MOTION for Extension of Time New date requested 7/30/2004. to respond to defendants' letter requests by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1 - Township letter request# 3 Exhibit 2 - County letter request# 4 Exhibit 3 - City letter request)(Satoskar, Shilpa) (Entered: 06/02/2004)	June 2, 2004	June 2, 2004 PACER
41	RESPONSE in Opposition re 40 MOTION for Extension of Time New date requested 7/30/2004. to respond to defendants' letter requests set forth in Preliminary Pretrial Order filed by Defendants Paul Bunting, Clint Cameron, Doug Culbertson, Washington Township. (Valentine, Michael) (Entered: 06/04/2004)	June 4, 2004	June 4, 2004 PACER
42	REPLY to Response to Motion re 40 MOTION for Extension of Time New date requested 7/30/2004. to respond to defendants' letter requests filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Satoskar, Shilpa) (Entered: 06/07/2004)	June 7, 2004	June 7, 2004 PACER
43	ORDER: Plf out of pocket expenses & damages calculation due 6/11/04; Plf response to all other request set forth in 5/6, 5/12,5/14, 2004 letters due 7/30/04; status report due 8/18/04 . Signed by Judge Mark R. Abel on 6/9/04. (sh, ) (Entered: 06/09/2004)	June 9, 2004	June 9, 2004 PACER
44	MOTION for Leave to Appear Pro Hac Vice for Reed Colfax by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (jh, ) (Entered: 07/07/2004)	July 6, 2004	July 6, 2004 PACER
45	Filing fee: $ 50.00, receipt number 242239 (jh, (Entered: 07/07/2004)	July 6, 2004	July 6, 2004 PACER
46	ORDER granting 44 Motion for Leave to Appear pro hac vice by atty Reed Colfax for Plf . Signed by Judge Mark R. Abel on 7/8/04. (sh, ) (Entered: 07/12/2004)	July 12, 2004	July 12, 2004 PACER
47	ORDER granting 4 Motion for Joinder . Signed by Judge Mark R. Abel on 7/8/04. (sh, ) (Entered: 07/12/2004)	July 12, 2004	July 12, 2004 PACER
48	NOTICE of Hearing: Settlement Week Conference set for 9/14/2004 09:00 AM before Mediator Leon Friedburg. (sh, ) (Entered: 08/07/2004)	Aug. 7, 2004	Aug. 7, 2004 PACER
49	MOTION by Ohio Civil Rights Commission for Extension of Time to File Joinder Complaint. New date requested 8/18/2004. (Attachments: # 1 proposed order)(sln, ) (Entered: 08/11/2004)	Aug. 11, 2004	Aug. 11, 2004 PACER
50	Intervenor COMPLAINT, filed by Intervenor Plaintiff Ohio Civil Rights Commission, Defendants Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Schmidt, Stefan) (Entered: 08/11/2004)	Aug. 11, 2004	Aug. 11, 2004 PACER
51	ORDER granting 49 Motion for Extension of Time to File Complaint in Intervention.Signed by Judge Mark R. Abel on 8/12/2004. (Abel, Mark) (Entered: 08/12/2004)	Aug. 12, 2004	Aug. 12, 2004 PACER
52	ORDER denying 40 Motion for Extension of Time as Mooted by the June 9, 2004 scheduling order 43 . Signed by Judge Mark R. Abel on 8/12/2004. (Abel, Mark) (Entered: 08/12/2004)	Aug. 12, 2004	Aug. 12, 2004 PACER
53	ANSWER to Intervenor Complaint by Defendant Washington Township.(Holthus, Douglas) (Entered: 08/19/2004)	Aug. 19, 2004	Aug. 19, 2004 PACER
54	MOTION to Compel RESPONSES TO PLAINTIFFS? FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF ZANESVILLE AND FOR AN ORDER AWARDING REASONABLE EXPENSES by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A)(Colfax, Reed) (Entered: 08/30/2004)	Aug. 30, 2004	Aug. 30, 2004 PACER
55	ANSWER to Intervenor Complaint of Ohio Civil Rights Commission by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 08/31/2004)	Aug. 31, 2004	Aug. 31, 2004 PACER
56	Muskingum County Defendants' ANSWER to Intervenor Complaint by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Walls, Jessica) (Entered: 08/31/2004)	Aug. 31, 2004	Aug. 31, 2004 PACER
57	ORDER: Status report due by 11/17/04 . Signed by Judge Mark R. Abel on 8/31/04. (sh, ) (Entered: 09/02/2004)	Sept. 2, 2004	Sept. 2, 2004 PACER
58	First MOTION to Withdraw as Attorney Corey L. Stoughton by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Attachments: # 1 Text of Proposed Order Proposed Order)(Satoskar, Shilpa) (Entered: 09/09/2004)	Sept. 9, 2004	Sept. 9, 2004 PACER
59	ORDER granting 58 Motion to Withdraw as Attorney. Attorney Corey L Stoughton terminated . Signed by Judge Mark R. Abel on 9/10/04. (sh, ) (Entered: 09/11/2004)	Sept. 10, 2004	Sept. 10, 2004 PACER
60	NOTICE by Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy, The Fair Housing Advocates Association re 54 MOTION to Compel RESPONSES TO PLAINTIFFS? FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF ZANESVILLE AND FOR AN ORDER AWARDING REASONABLE EXPENSES (Attachments: # 1 Text of Proposed Order Proposed Order)(Colfax, Reed) (Entered: 09/29/2004)	Sept. 29, 2004	Sept. 29, 2004 PACER
61	MOTION for Leave to Appear PHV of Jennifer I Klar on behalf of Plaintiffs. (jk) (Entered: 09/30/2004)	Sept. 29, 2004	Sept. 29, 2004 PACER
	Filing fee received PHV of Jennifer I Klar: $ 50.00, receipt number 243483 (jk)	Sept. 29, 2004	Sept. 29, 2004 PACER
62	NOTICE of Change of Address by Reed N Colfax (Colfax, Reed) (Entered: 10/01/2004)	Oct. 1, 2004	Oct. 1, 2004 PACER
63	ORDER granting 61 Motion for Leave to Appear PHV by Jennifer Klar on behalf of pltfs. Signed by Judge Mark R. Abel on 10/6/04.(jk) (Entered: 10/06/2004)	Oct. 6, 2004	Oct. 6, 2004 PACER
64	RESPONSE in Opposition re 54 MOTION to Compel RESPONSES TO PLAINTIFFS? FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF ZANESVILLE AND FOR AN ORDER AWARDING REASONABLE EXPENSES and Motion For Leave To File Instanter filed by Defendant The City of Zanesville Ohio. (Baserman, Mark) (Entered: 10/08/2004)	Oct. 8, 2004	Oct. 8, 2004 PACER
65	REPLY to Response to Motion re 54 MOTION to Compel RESPONSES TO PLAINTIFFS? FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF ZANESVILLE AND FOR AN ORDER AWARDING REASONABLE EXPENSES and Opposition to Defendant City of Zanesville's Motion for Leave to File Instanter filed by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association. (Attachments: # 1)(Colfax, Reed) (Entered: 10/19/2004)	Oct. 19, 2004	Oct. 19, 2004 PACER
66	NOTICE by Defendants Paul Bunting, Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County, The City of Zanesville Ohio, Washington Township Of Deposition (Walls, Jessica) (Entered: 10/28/2004)	Oct. 28, 2004	Oct. 28, 2004 PACER
67	NOTICE by Defendants Paul Bunting, Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County, The City of Zanesville Ohio, Washington Township Of Deposition (Walls, Jessica) (Entered: 10/28/2004)	Oct. 28, 2004	Oct. 28, 2004 PACER
68	NOTICE by Defendants Paul Bunting, Clint Cameron, Doug Culbertson, Sandra James, Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County, The City of Zanesville Ohio, Washington Township Of Deposition (Walls, Jessica) (Entered: 10/28/2004)	Oct. 28, 2004	Oct. 28, 2004 PACER
69	NOTICE of Appearance by Jennifer I Klar Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, The Fair Housing Advocates Association (Klar, Jennifer) (Entered: 11/03/2004)	Nov. 3, 2004	Nov. 3, 2004 PACER
70	ORDER granting 54 Plaintiff's Motion to Compel. Signed by Judge Mark R. Abel on 11/8/04. (jk) (Entered: 11/08/2004)	Nov. 8, 2004	Nov. 8, 2004 PACER
71	STATUS CONFERENCE ORDER - Plaintiff's motion to certify a class due 2/28/05; Joint Status Report due 1/19/05; Settlement Week 3/05. Signed by Judge Mark R. Abel on 11/18/04. (jk) (Entered: 11/18/2004)	Nov. 18, 2004	Nov. 18, 2004 PACER
72	MOTION for Leave to Appear PHV of Eliza T. Platts-Mills on behalf of Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy & The Fair Housing Advocates Association. (jk) (Entered: 11/18/2004)	Nov. 18, 2004	Nov. 18, 2004 PACER
73	MOTION for Leave to Appear PHV of Carlie A. Ware on behalf of Plaintiffs Cynthia Hairston, Jerry R Kennedy, Richard Kennedy & The Fair Housing Advocates Association. (jk) (Entered: 11/18/2004)	Nov. 18, 2004	Nov. 18, 2004 PACER
	Filing fee: $ 50.00 PHV for Carlie Ware, receipt number 244175. (jk)	Nov. 18, 2004	Nov. 18, 2004 PACER
	Filing fee: $ 50.00 PHV for Eliza T. Platts-Mills, receipt number 244176. (jk)	Nov. 18, 2004	Nov. 18, 2004 PACER
	Reset Deadlines: Status Report due 1/19/2005; Settlement Week due 3/05. (jk)	Nov. 18, 2004	Nov. 18, 2004 PACER
74	ORDER granting 72 & 73 Motion for Leave to Appear PHV of Eliza Platts-Mills & Carlie Ware on behalf of Plaintiffs Jerry R. Kennedy, Richard Kennedy, Cynthia Hairston and The Fair Housing Advocates Association. Signed by Judge Mark R. Abel on 11/22/04. (jk) (Entered: 11/22/2004)	Nov. 22, 2004	Nov. 22, 2004 PACER
75	STATUS CONFERENCE ORDER - This case will be noticed for mediaton during the June 2005 Settlement Week. Counsel will file a joint written status report on or before March 31, 2005. The scheduling deadlines entered by previous orders are VACATED. Signed by Judge Mark R. Abel on 1/27/05. (jk) (Entered: 01/27/2005)	Jan. 27, 2005	Jan. 27, 2005 PACER
	Reset Deadlines: Motions to Amend due by 3/18/2005; Joint Written Status Report due by 3/31/2005; Settlement Week 6/05. (jk)	Jan. 27, 2005	Jan. 27, 2005 PACER
76	NOTICE by Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston of Filing of Second Amended Complaint (Colfax, Reed) (Entered: 03/18/2005)	March 18, 2005	March 18, 2005 PACER
77	AMENDED COMPLAINT (SECOND) against Clint Cameron, Doug Culbertson, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County, filed by Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, Defendants Clint Cameron, Doug Culbertson, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County.(Colfax, Reed) (Entered: 03/18/2005)	March 18, 2005	March 18, 2005 PACER
78	ANSWER to Amended Complaint (Second) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 03/25/2005)	March 25, 2005	March 25, 2005 PACER
79	NOTICE of Appearance by Kerstin Sjoberg-Witt Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston (Sjoberg-Witt, Kerstin) (Entered: 03/25/2005)	March 25, 2005	March 25, 2005 PACER
80	NOTICE of Appearance by Shawn J Organ Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston (Organ, Shawn) (Entered: 03/25/2005)	March 25, 2005	March 25, 2005 PACER
81	Defendants' ANSWER to Amended Complaint by Defendant Washington Township.(Valentine, Michael) (Entered: 04/01/2005)	April 1, 2005	April 1, 2005 PACER
82	Muskingum County Defendants' ANSWER to Amended Complaint by Plaintiffs by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Walls, Jessica) (Entered: 04/05/2005)	April 5, 2005	April 5, 2005 PACER
83	NOTICE of Change of Address by Michael Joseph Valentine (Valentine, Michael) (Entered: 04/08/2005)	April 8, 2005	April 8, 2005 PACER
84	STATUS CONFERENCE ORDER - Defendants will serve written discovery on the newly joined plaintiffs on or before 4/25/05; Plaintiff will respond to these discovery requests on a rolling basis between 5/27/05 and 6/17/05; On or before 5/6/05, counsel will exchange information about their schedules and agree to a schedule that sets aside at least 3 days of depos between 6/17/05 and 8/1/05; Joinder of additional plaintiff's due no later than 4/25/05; Settlement week 9/05; Counsel will file joint written status report on or before 7/15/05. Signed by Judge Mark R. Abel on 4/13/05. (jk) (Entered: 04/13/2005)	April 13, 2005	April 13, 2005 PACER
	Reset Deadlines: Joinder of Parties due by 4/25/2005. Joint Written Status Report due by 7/15/2005. Settlement Week 9/05. (jk)	April 13, 2005	April 13, 2005 PACER
85	NOTICE by Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston of Filing of Third Amended Complaint (Colfax, Reed) (Entered: 04/25/2005)	April 25, 2005	April 25, 2005 PACER
86	AMENDED COMPLAINT (THIRD) against Clint Cameron, Doug Culbertson, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County, filed by Plaintiffs The Fair Housing Advocates Association, Jerry R Kennedy, Richard Kennedy, Cynthia Hairston, Defendants Clint Cameron, Doug Culbertson, Edward Kenily, Don Madden, Dorothy Montgomery, The City of Zanesville Ohio, Washington Township, Paul Bunting, Muskingum County.(Colfax, Reed) (Entered: 04/25/2005)	April 25, 2005	April 25, 2005 RECAP
87	Muskingum County Defendants' ANSWER to Amended Complaint (Third) by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Walls, Jessica) (Entered: 05/02/2005)	May 2, 2005	May 2, 2005 PACER
88	Defendants' ANSWER to Amended Complaint (Third) by Defendant Washington Township.(Valentine, Michael) (Entered: 05/02/2005)	May 2, 2005	May 2, 2005 PACER
89	ANSWER to Amended Complaint -(Third) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 05/03/2005)	May 3, 2005	May 3, 2005 PACER
90	MOTION for Order to for Leave to File Brief by Plaintiffs Jerry R Kennedy, Richard Kennedy, Cynthia Hairston. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1: Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses# 3 Exhibit A to Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses# 4 Exhibit B to Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses# 5 Exhibit C to Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses# 6 Exhibit D (part 1) to Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses# 7 Exhibit D (part 2) to Plaintiffs' Brief Regarding Defendants' Objections to Plaintiffs' Interrogatory Responses)(Colfax, Reed) (Entered: 06/30/2005)	June 30, 2005	June 30, 2005 PACER
91	DISCOVERY CONFERENCE ORDER: Dft have until 7/5/05 to ID their interogatories; Plf to respond by 7/11/05. Signed by Judge Mark R. Abel on 6/30/05. (sh, ) (Entered: 07/01/2005)	June 30, 2005	June 30, 2005 PACER
92	ORDER granting 90 Motion for leave to file brief in re: discovery matters . Signed by Judge Mark R. Abel on 6/30/05. (sh, ) (Entered: 07/01/2005)	July 1, 2005	July 1, 2005 PACER
93	NOTICE by Defendant Washington Township of Substitution of Counsel (House, Lisa) (Entered: 07/05/2005)	July 5, 2005	July 5, 2005 PACER

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Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Environmental Justice

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 3, 2003

Closing Date: April 2, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sixty-eight individual residents of Coal Run Road or Langan Lane in Washington Township, in Muskingum County, Ohio, who have been denied public water service; The Fair Housing Advocates Association; and the Ohio Civil Rights Commission.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City of Zanesville (City of Zanesville, Muskingum), City

Washington Township (Washington Township, Muskingum), City