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

Clearinghouse coding complete

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, …

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.

Summary Authors

Richa Bijlani (3/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4795260/parties/kennedy-v-the-city-of-zanesville-ohio/

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

Resources

Docket

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

Last updated June 9, 2022, 3:16 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

Reset Deadlines: Status Report due 1/19/2005; Settlement Week due 3/05. (jk)

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

Filing fee: $ 50.00 PHV for Eliza T. Platts-Mills, receipt number 244176. (jk)

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
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

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):

Non-profit NON-religious organization

Private Plaintiff

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

Washington Township Trustees (Washington Township, Muskingum), Private Entity/Person

Muskingum County Commissioners (Muskingum), County

Muskingum County (Muskingum), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

State law

42 U.S.C. § 1982

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $11,830,250

Issues

General:

Food service / nutrition / hydration

Government Services

Groundwater

Pattern or Practice

Racial segregation

Discrimination-area:

Zoning

Discrimination-basis:

Race discrimination

Race:

Black