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/

Judge(s)
Attorney for Plaintiff

Choe, Susan A (Ohio)

Colfax, Reed N. (District of Columbia)

Attorney for Defendant

Baserman, Mark (Ohio)

Courtwright, Angela (Ohio)

Expert/Monitor/Master/Other

Documents in the Clearinghouse
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 27, 2026, 6:22 a.m.

ECF Number Date Description Link
1 Nov. 13, 2003

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)

Clearinghouse
2 Nov. 13, 2003

NOTICE of Placement in CM/ECF Docketing System. (rew, ) (Entered: 11/19/2003)

RECAP
3 Dec. 1, 2003

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)

RECAP
4 Dec. 12, 2003

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)

RECAP
5 Dec. 17, 2003

NOTICE of Appearance by Mark David Landes Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County (Landes, Mark) (Entered: 12/17/2003)

RECAP
6 Dec. 18, 2003

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)

RECAP
7 Dec. 18, 2003

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)

RECAP
8 Dec. 30, 2003

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)

RECAP
9 Dec. 30, 2003

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)

RECAP
10 Dec. 30, 2003

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)

RECAP
11 Dec. 30, 2003

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)

RECAP
12 Dec. 30, 2003

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)

RECAP
13 Dec. 30, 2003

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)

RECAP
14 Dec. 30, 2003

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)

RECAP
15 Dec. 30, 2003

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)

RECAP
16 Jan. 2, 2004

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)

RECAP
17 Jan. 6, 2004

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)

RECAP
18 Jan. 7, 2004

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)

RECAP
19 Jan. 9, 2004

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)

RECAP
20 Jan. 12, 2004

NOTICE of Appearance by Mark W Baserman Sr. Defendant The City of Zanesville Ohio (Baserman, Mark) (Entered: 01/12/2004)

RECAP
21 Jan. 13, 2004

ANSWER to Amended Complaint (First) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 01/13/2004)

RECAP
22 Jan. 15, 2004

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)

RECAP
23 Jan. 15, 2004

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)

RECAP
24 Jan. 15, 2004

ANSWER to Complaint with Jury Demand by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Landes, Mark) (Entered: 01/15/2004)

RECAP
25 Jan. 21, 2004

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)

RECAP
26 Jan. 26, 2004

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)

RECAP
27 Jan. 26, 2004

Mail Returned as Undeliverable. Mail (document # 19) sent to Jennifer Steves. Remailed 1/28/04. (sln, ) (Entered: 01/28/2004)

RECAP
28 Feb. 13, 2004

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)

RECAP
29 Feb. 13, 2004

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)

RECAP
30 Feb. 13, 2004

MOTION for Leave for Jennifer W. Steves to Appear PHV by Plaintiff The Fair Housing Advocates Association. (Fee paid) (sln, ) (Entered: 02/17/2004)

RECAP
Feb. 13, 2004

PHV Filing fee, for atty Steves: $ 50.00, receipt number 240193 (sln, )

31 March 11, 2004

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)

RECAP
32 April 6, 2004

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)

RECAP
33 April 15, 2004

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)

RECAP
34 April 15, 2004

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)

RECAP
35 April 19, 2004

CORPORATE DISCLOSURE STATEMENT by Plaintiff The Fair Housing Advocates Association. (Relman, John) (Entered: 04/19/2004)

RECAP
36 April 21, 2004

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)

RECAP
37 April 26, 2004

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)

RECAP
38 April 26, 2004

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)

RECAP
39 April 27, 2004

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)

RECAP
40 June 2, 2004

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)

RECAP
41 June 4, 2004

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)

RECAP
42 June 7, 2004

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)

RECAP
43 June 9, 2004

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)

RECAP
44 July 6, 2004

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)

RECAP
45 July 6, 2004

Filing fee: $ 50.00, receipt number 242239 (jh, (Entered: 07/07/2004)

RECAP
46 July 12, 2004

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)

RECAP
47 July 12, 2004

ORDER granting 4 Motion for Joinder . Signed by Judge Mark R. Abel on 7/8/04. (sh, ) (Entered: 07/12/2004)

RECAP
48 Aug. 7, 2004

NOTICE of Hearing: Settlement Week Conference set for 9/14/2004 09:00 AM before Mediator Leon Friedburg. (sh, ) (Entered: 08/07/2004)

RECAP
49 Aug. 11, 2004

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)

RECAP
50 Aug. 11, 2004

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)

RECAP
51 Aug. 12, 2004

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)

RECAP
52 Aug. 12, 2004

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)

RECAP
53 Aug. 19, 2004

ANSWER to Intervenor Complaint by Defendant Washington Township.(Holthus, Douglas) (Entered: 08/19/2004)

RECAP
54 Aug. 30, 2004

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)

RECAP
55 Aug. 31, 2004

ANSWER to Intervenor Complaint of Ohio Civil Rights Commission by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 08/31/2004)

RECAP
56 Aug. 31, 2004

Muskingum County Defendants' ANSWER to Intervenor Complaint by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Walls, Jessica) (Entered: 08/31/2004)

RECAP
57 Sept. 2, 2004

ORDER: Status report due by 11/17/04 . Signed by Judge Mark R. Abel on 8/31/04. (sh, ) (Entered: 09/02/2004)

RECAP
58 Sept. 9, 2004

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)

RECAP
59 Sept. 10, 2004

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)

RECAP
60 Sept. 29, 2004

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)

RECAP
61 Sept. 29, 2004

MOTION for Leave to Appear PHV of Jennifer I Klar on behalf of Plaintiffs. (jk) (Entered: 09/30/2004)

RECAP
Sept. 29, 2004

Filing fee received PHV of Jennifer I Klar: $ 50.00, receipt number 243483 (jk)

62 Oct. 1, 2004

NOTICE of Change of Address by Reed N Colfax (Colfax, Reed) (Entered: 10/01/2004)

RECAP
63 Oct. 6, 2004

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)

RECAP
64 Oct. 8, 2004

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)

RECAP
65 Oct. 19, 2004

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)

RECAP
66 Oct. 28, 2004

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)

RECAP
67 Oct. 28, 2004

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)

RECAP
68 Oct. 28, 2004

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)

RECAP
69 Nov. 3, 2004

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)

RECAP
70 Nov. 8, 2004

ORDER granting 54 Plaintiff's Motion to Compel. Signed by Judge Mark R. Abel on 11/8/04. (jk) (Entered: 11/08/2004)

RECAP
71 Nov. 18, 2004

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)

RECAP
72 Nov. 18, 2004

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)

RECAP
73 Nov. 18, 2004

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)

RECAP
Nov. 18, 2004

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

Nov. 18, 2004

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

Nov. 18, 2004

Filing fee: $ 50.00 PHV for Carlie Ware, receipt number 244175. (jk)

74 Nov. 22, 2004

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)

RECAP
75 Jan. 27, 2005

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)

RECAP
Jan. 27, 2005

Reset Deadlines: Motions to Amend due by 3/18/2005; Joint Written Status Report due by 3/31/2005; Settlement Week 6/05. (jk)

76 March 18, 2005

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)

RECAP
77 March 18, 2005

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)

RECAP
78 March 25, 2005

ANSWER to Amended Complaint (Second) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 03/25/2005)

RECAP
79 March 25, 2005

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)

RECAP
80 March 25, 2005

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)

RECAP
81 April 1, 2005

Defendants' ANSWER to Amended Complaint by Defendant Washington Township.(Valentine, Michael) (Entered: 04/01/2005)

RECAP
82 April 5, 2005

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)

RECAP
83 April 8, 2005

NOTICE of Change of Address by Michael Joseph Valentine (Valentine, Michael) (Entered: 04/08/2005)

RECAP
84 April 13, 2005

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)

RECAP
April 13, 2005

Reset Deadlines: Joinder of Parties due by 4/25/2005. Joint Written Status Report due by 7/15/2005. Settlement Week 9/05. (jk)

85 April 25, 2005

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)

RECAP
86 April 25, 2005

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)

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87 May 2, 2005

Muskingum County Defendants' ANSWER to Amended Complaint (Third) by Defendants Edward Kenily, Don Madden, Dorothy Montgomery, Muskingum County.(Walls, Jessica) (Entered: 05/02/2005)

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88 May 2, 2005

Defendants' ANSWER to Amended Complaint (Third) by Defendant Washington Township.(Valentine, Michael) (Entered: 05/02/2005)

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89 May 3, 2005

ANSWER to Amended Complaint -(Third) by Defendant The City of Zanesville Ohio.(Baserman, Mark) (Entered: 05/03/2005)

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90 June 30, 2005

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)

RECAP
91 June 30, 2005

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)

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92 July 1, 2005

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)

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93 July 5, 2005

NOTICE by Defendant Washington Township of Substitution of Counsel (House, Lisa) (Entered: 07/05/2005)

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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):

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

City of Zanesville

Washington Township

County

Muskingum County

Muskingum County Commissioners

Private Entity/Person

Washington Township Trustees

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1982

42 U.S.C. § 1983

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

State law

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Ohio 2:03-cv-01047

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $11,830,250

Issues

General/Misc.:

Food service / nutrition / hydration

Government services

Pattern or Practice

Racial segregation

Discrimination Area:

Zoning

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Environmental Justice and Resources:

Groundwater

Recommended Citation