Case: Miller v. City of Dallas

3:98-cv-02955 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 16, 1998

Closed Date: Sept. 6, 2002

Clearinghouse coding complete

Case Summary

On December 16, 1998, a group of 12 African American residents of the Cadillac Heights neighborhood of Dallas brought suit against the City of Dallas in the U.S. District Court for the Northern District of Texas alleging that the City had provided, and continued to provide, municipal services in the neighborhood in a racially- and ethnically-discriminatory manner. Plaintiffs filed an amended complaint on May 27, 1999, in which they specifically alleged the following: the City had refused to ex…

On December 16, 1998, a group of 12 African American residents of the Cadillac Heights neighborhood of Dallas brought suit against the City of Dallas in the U.S. District Court for the Northern District of Texas alleging that the City had provided, and continued to provide, municipal services in the neighborhood in a racially- and ethnically-discriminatory manner. Plaintiffs filed an amended complaint on May 27, 1999, in which they specifically alleged the following:

  • the City had refused to extend the Trinity River levee system to protect Cadillac Heights from flooding and had taken no steps to provide for flood protection in the neighborhood despite approval of a bond issue in 1995 that included funding for such projects; 
  • the City's industrial zoning practices had resulted in disproportionate harm to African American populations in Dallas, including Cadillac Heights where a portion of the neighborhood was subjected to blighting influences due to being zoned for heavy industrial use;
  • the City had refused to take steps to protect Cadillac Heights residents from the harmful effects of two lead smelters that formerly operated in the area despite using its zoning powers and municipal authority to protect predominately white neighborhoods from these effects;
  • the City had allowed two illegal landfills to operate within Cadillac Heights;
  • the streets and storm water drainage facilities in Cadillac Heights are below standards, thus causing flooding;
  • there were no sidewalks on many residential streets in Cadillac Heights;
  • the City had not used federal funding, including funding from the Community Development Block Grant, to improve conditions in Cadillac Heights; and
  • the City had implemented housing and community development programs targeted for low-income neighborhoods and persons in a racially disparate manner.

Plaintiffs alleged that the City's discrimination in the provision of flood protection, zoning, environmental controls, infrastructure, and remedial housing and community development had caused Cadillac Heights to become blighted and undesirable. Moreover, Plaintiffs alleged they had suffered from a decrease in property values, fear of harm from the conditions, the physical impacts of being subjected to substandard neighborhood conditions, and the stigma of living in a neighborhood with blighted conditions. Plaintiffs asserted the City's actions violated the Equal Protection Clause of the Fourteenth Amendment; § 1981; and provisions of Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the Housing and Community Development Act of 1974. They sought to recover damages, including for mental and emotional suffering and pain; punitive damages; court costs, litigation expenses, and attorney's fees; and injunctive relief including appropriate relief for the Trinity River flooding, a complete environmental cleanup, the elimination of the landfills, infrastructure improvements, new housing units, housing rehabilitation programs, back zoning to prevent future adjoining industrial uses and the expansion of existing uses, and monitoring and strict enforcement of environmental quality and pollution requirements.

Throughout January 2001, four of the 12 plaintiffs voluntarily dismissed their claims against the City. Thereafter, in June 2001, the City moved for summary judgment, and on February 14, 2002, District Judge Sidney A. Fitzgerald issued a memorandum opinion and order granting the motion in part and denying the motion in part. 2002 WL 230834. Judge Fitzgerald granted summary judgment dismissing Plaintiffs' claims related to housing and community development. Judge Fitzgerald also granted summary judgment dismissing Plaintiffs' claims for damages for emotional harm and for punitive damages. However, Judge Fitzgerald denied summary judgment on Plaintiffs' flood protection claims; Plaintiffs’ zoning, industrial nuisance, and landfill practices-related claims; and Plaintiffs' streets and drainage-related claims. Moreover, Judge Fitzgerald denied summary judgment on the question of damages stemming from the diminution in value of plaintiffs’ property.

On August 14, 2002, the Dallas City Council unanimously approved setting aside $535,000 to settle the suit. On September 4, 2002, the remaining plaintiffs formally agreed to settle their suit against the City. As part of the terms of the settlement, the City agreed to purchase Plaintiffs' homes in the Cadillac Heights neighborhood for a total of $270,000. The City also agreed to pay $265,000 in attorney's fees. On September 6, 2002, Judge Fitzgerald granted the parties' joint motion to dismiss. 

Summary Authors

Logan Moore (3/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11402171/parties/miller-v-city-of-dallas/


Judge(s)

Fitzwater, Sidney Allen (Texas)

Attorney for Plaintiff

Beshara, Laura Beth (Texas)

Daniel, Michael M. (Texas)

show all people

Documents in the Clearinghouse

Document

3:98-cv-02955

Amended Complaint

May 27, 1999

May 27, 1999

Complaint

3:98-cv-02955

Memorandum Opinion and Order

Feb. 14, 2002

Feb. 14, 2002

Order/Opinion

2002 WL 2002

128

3:98-cv-02955

Settlement Agreement and Release

Sept. 4, 2002

Sept. 4, 2002

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11402171/miller-v-city-of-dallas/

Last updated March 29, 2024, 1:26 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Filing Fee $ 150.00 Receipt # 107750 (9) (lag) (Entered: 12/16/1998)

Dec. 16, 1998

Dec. 16, 1998

PACER

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (lag)

Dec. 16, 1998

Dec. 16, 1998

PACER
2

Notice of lawsuit and REQUEST FOR WAIVER of Service as to City of Dallas 12/14/98 Waiver of Service due by 1/13/99 for City of Dallas (1) (lag) (Entered: 01/20/1999)

Dec. 16, 1998

Dec. 16, 1998

PACER
3

WAIVER OF SERVICE Returned Executed as to City of Dallas 1/12/99 Answer due on 3/15/99 for City of Dallas (1) (lag) (Entered: 01/20/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
4

Original DEMAND for jury trial by defendant City of Dallas (lag) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

PACER
5

ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 4/19/99 <SEE ORDER FOR SPECIFICS>(signed by SAFitzwater) Copies to counsel: 03.18.99 Page(s): 3 (lag) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

PACER
6

Entry/NOTICE of attorney appearance for defendant City of Dallas by Arthur L Walker, Gerald Vincent Bright (2) (lag) (Entered: 04/05/1999)

April 2, 1999

April 2, 1999

PACER
7

Rpt of parties' planning mtg/PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, defendant City of Dallas (3) (lag) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

PACER
8

STATUS REPORT ORDER. Status report due on 6/1/99 <SEE ORDER FOR FURTHER SPECIFICS> (signed by SAFitzwater) Copies to counsel: 04.22.99 Page(s): 4 (lag) (Entered: 04/22/1999)

April 21, 1999

April 21, 1999

PACER
9

MOTION with memorandum in support by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams for leave to file 1st amd complaint/ to amend [1-1] complaint (12) (lag) (Entered: 05/27/1999)

May 26, 1999

May 26, 1999

PACER
10

ORDER granting [9-1] motion for leave to file 1st amd complaint/ to amend [1-1] complaint ( signed by SAFitzwater) Copies to counsel: 05.27.99 Page(s) 1 (lag) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

PACER
11

Amended COMPLAINT by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, (Answer due 6/7/99 for City of Dallas ) amending [1-1] complaint (10) (lag) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

PACER
12

Joint STATUS REPORT Regarding Status of Settlement Negotiations by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, defendant City of Dallas (3) (lag) (Entered: 06/04/1999)

June 3, 1999

June 3, 1999

PACER
13

Unopposed MOTIONS by defendant City of Dallas to substitute new counsel Christopher David Bowers & withdraw Arthur L Walker, Jr, Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza of the City Atty's Office (4) (lag) (Entered: 06/25/1999)

June 24, 1999

June 24, 1999

PACER
14

ORDER granting [13-1] motion to substitute new counsel Christopher David Bowers & withdraw Arthur L Walker, Jr, Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza of the City Atty's Office ; terminated Arthur L Walker Jr & Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza (signed by SAFitzwater) Copies to counsel: 06.28.99 1 (lag) (Entered: 06/28/1999)

June 25, 1999

June 25, 1999

PACER
15

Designation of Experts by defendant City of Dallas (9) (lag) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

PACER
16

TRIAL SETTING ORDER set docket call for 1/8/01 <SEE ORDER FOR SPECIFICS> (signed by SAFitzwater) Copies to counsel: 12.22.99 Page(s) 5 (lag) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
17

MOTION with memorandum in support by plaintiffs Charles Miller, et al to extend Discovery Deadline (2) (lch) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

PACER
18

ORDER granting [17-1] motion to extend Discovery Deadline reset discovery due for 11/1/00 ( signed by Judge SAFitzwater) Copies to counsel: 1/28/00 Page(s) 1 (lch) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

PACER
19

Unopposed MOTION by defendant City of Dallas to extend time/to extend the deadline to file mtns for sumjgm (3) (jrb) (Entered: 04/21/2000)

April 21, 2000

April 21, 2000

PACER
20

ORDER granting [19-1] motion to extend the deadline to file mtns for sumjgm reset motion filing deadline for 10/1/00 ( signed by Judge Fitzwater) Copies to counsel: 4/24/00 Page(s) 1 (lch) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

PACER
21

JOINT MOTION For a New Pre-trial Schedule by plaintiffs, defendant (3) (lch) (Entered: 07/18/2000)

July 17, 2000

July 17, 2000

PACER
22

ORDER granting [21-1] joint motion For a New Pre-trial Schedule reset docket call for 6/18/01 see order for specifics ( signed by Judge Fitzwater) Copies to counsel: 7/19/00 Page(s) 1 (lch) (Entered: 07/19/2000)

July 18, 2000

July 18, 2000

PACER
23

NOTICE of attorney appearance for defendant City of Dallas by Amy Kristin Bock (2) (lch) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
24

PROPOSAL FOR CONTENTS of NEW scheduling and discovery order by defendant City of Dallas (2) (lch) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
25

PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Charles Miller, et al (3) (lch) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

PACER
26

STATUS REPORT ORDER. Status report due on 3/30/01 ( signed by Judge Fitzwater) Copies to counsel: 10/6/00 Page(s): 2 (lch) (Entered: 10/06/2000)

Oct. 5, 2000

Oct. 5, 2000

PACER
27

MOTION with memorandum in support by plaintiff, Charles Miller, et al Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (2) (lch) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

PACER
28

RESPONSE by defendant City of Dallas to [27-1] motion Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (2) (lch) (Entered: 11/28/2000)

Nov. 27, 2000

Nov. 27, 2000

PACER
29

ORDER denying without prejudice [27-1] Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased ( signed by Judge Fitzwater) Copies to counsel: 12/14/00 Page(s) 1 (lch) Modified on 12/19/2000 (Entered: 12/15/2000)

Dec. 14, 2000

Dec. 14, 2000

PACER
30

UNOPPOSED MOTION by plaintiff Lessie Hollins, plaintiff John Adams to dismiss claims (2) (lch) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
31

MOTION by plaintiff Velma Harper to dismiss claims (3) (lch) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
32

ORDER granting [31-1] Plaintiff Velma Harper's motion to dismiss claims without prejudice. Each party shall bear their own costs ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
33

ORDER granting [30-1] Plaintiff Lessie Hollin's motion to dismiss claims without prejudice. All parties will bear their own costs. ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
34

Designation of Experts by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper (2) (lch) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
35

UNOPPOSED MOTION by plaintiff Louise Davis to dismiss claims of Louise Davis (3) (lch) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
36

UNOPPOSED AMENDED MOTION AND BRIEF IN SUPPPORT to substitute party Ronnie Miller for plaintiff Charles Miller who is deceased by plaintiff Charles Miller, plaintiff Erma Cooper, et al referring to [27-1] Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (7) (lch) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
37

ORDER granting [35-1] motion to dismiss claims of Louise Davis in this lawsuit without prejudice. All parties will bear its own costs. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 1/26/01 Page(s) 1 (lch) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
38

ORDER granting [36-1] amended motion to substitute party Ronnie Miller for plaintiff Charles Miller who is deceased ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 1/26/01 Page(s) 2 (lch) (Entered: 01/26/2001)

Jan. 25, 2001

Jan. 25, 2001

PACER
39

UNOPPOSED MOTION by plaintiff Erma Cooper to dismiss claims (3) (lch) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER

(lch)

Feb. 1, 2001

Feb. 1, 2001

PACER
40

ORDER granting [39-1] Plaintiff Erma Cooper's motion to dismiss her claims without prejudice against the defendant. Each party to bear its own costs. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 2/2/01 Page(s) 1 (lch) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

PACER
41

Unopposed MOTION by defendant City of Dallas to extend time/deadline to exchange rebuttal expert reports (3) (jas) (Entered: 02/28/2001)

Feb. 27, 2001

Feb. 27, 2001

PACER
42

ORDER granting [41-1] motion to extend time/deadline to exchange rebuttal expert reports, extended to 3/12/01. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/1/01 Page(s) 1 (jas) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

PACER
43

Designation of Rebuttal Expert Witnesss by defendant City of Dallas (2) (djd) (Entered: 03/13/2001)

March 12, 2001

March 12, 2001

PACER
44

MOTION with memorandum in support by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller for protective order to City notices for the depositions of Metzger & McCluskey (10/exhibit not imaged) (djd) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

PACER
45

RESPONSE by defendant City of Dallas to [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey (13/exhibits not imaged) (djd) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

PACER
46

ORDER OF REFERENCE: [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey referred to Magistrate Judge Paul D. Stickney for determinatino. <see order for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/22/01 Page(s): 1 (djd) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

PACER
47

ORDER setting hearing: Motion hearing set for 3:00 3/28/01 for [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey <see order for specifics> (Signed by Magistrate Judge Paul D. Stickney) Copies to counsel: 3/26/01 Page(s): 2 (djd) (Entered: 03/26/2001)

March 23, 2001

March 23, 2001

PACER
57

Minute order: Telephone conference Held before Magistrate Judge Paul D. Stickney; Plaintiff's Motion for Protective Order, filed 3/20/01 (44) Court Reporter: Electronic (grj) (Entered: 04/12/2001)

March 28, 2001

March 28, 2001

PACER

Motion hearing re: [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey (grj)

March 28, 2001

March 28, 2001

PACER
48

Unopposed MOTION by defendant City of Dallas for continuance (4) (djd) (Entered: 03/30/2001)

March 29, 2001

March 29, 2001

PACER
49

Joint STATUS REPORT by plaintiffs & defendant (2) (djd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

PACER
50

Agreed MOTION to extend time for discovery by plaintiffs and defendant (4) (djd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

PACER
51

MOTION with memorandum in support by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (14) (djd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

PACER
52

APPENDIX by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in support of [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (15+/not imaged) (djd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

PACER
53

ORDER granting [48-1] motion for continuance reset docket call for two-week docket of 9/17/01, and that the scheduling order be amended as follows: reset motion filing deadline for no later than 6/15/01 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s) 1 (djd) (Entered: 04/02/2001)

March 30, 2001

March 30, 2001

PACER
54

Agreed ORDER granting [50-1] joint motion to extend time for discovery reset discovery due for 4/30/01 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s) 1 (djd) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

PACER
55

ORDER OF REFERENCE: [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) referred to Magistrate Judge Paul D. Stickney for determination. <see order for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s): 1 (djd) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

PACER
56

ORDER denying [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 4/9/01 Page(s) 1 (djd) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

PACER
58

RESPONSE by defendant City of Dallas to [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended 30(b)(6) notice of deposition (15+) (djd) (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

PACER
59

APPENDIX by defendant City of Dallas in support of [58-1] motion response (15+/not imaged) (djd) Modified on 04/20/2001 (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

PACER
60

ORDER setting hearing: Motion hearing set for 9:00 5/28/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 4/24/01 Page(s): 2 (djd) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

PACER
61

REPLY by plaintiffs to response to [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (10/exhibit not imaged) (djd) (Entered: 05/03/2001)

May 2, 2001

May 2, 2001

PACER
62

Amended ORDER setting hearing: Motion hearing set for 2:00 5/25/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 5/22/01 Page(s): 2 (djd) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

PACER
63

SECOND AMENDED ORDER setting hearing: Motion hearing set for 2:00 6/4/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 5/22/01 Page(s): 2 (djd) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

PACER

Tele-conference held on motion to compel (jyg)

June 4, 2001

June 4, 2001

PACER
65

Minute order: Telephone Conference held before Magistrate Judge Paul D. Stickney on Motion to Compel the City to designate a person or persons to testify pursuant to Pla's Amended Notice of Dep filed 3/30/01. All counsel of record present. Court Reporter: Electronic (1) (jyg) (Entered: 06/08/2001)

June 4, 2001

June 4, 2001

PACER
64

ORDER denying [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6). <see order for specifics> Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 6/6/01 Page(s) 1 (djd) (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

PACER
66

**UNFILED PER ORDER ENTERED ON 06/18/01**MOTION with memorandum in support by defendant City of Dallas for summary judgment (15+) (djd) Modified on 06/19/2001 (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

PACER
67

UNOPPOSED MOTION by defendant City of Dallas for leave to file amended motion for summary jgm and amended brief in support of motion for summary jgm (15+) (exhibits not imaged) (vdf) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

PACER
68

UNOPPOSED MOTION by defendant City of Dallas to enlarge time to file appendix to amended brief in support of summary judgment (4) (vdf) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

PACER
69

ORDER unfiling [66-1] motion for summary judgment by defendant City of Dallas due to the following deficiency: The motion and brief are combined, there is no appendix, and the brief does not cite the appendix by specific page number. (SEE ORDER FOR SPECIFICS) Copies to counsel: 06/19/01 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (vdf) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

PACER
70

ORDER denying [67-1] motion for leave to file amended motion for summary jgm and amended brief in support of motion for summary jgm ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 6/20/01 Page(s) 1 (jrb) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

PACER
71

MOTION by defendant City of Dallas for summary judgment (2) (vdf) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

PACER
72

BRIEF by defendant City of Dallas in support of [71-1] motion for summary judgment (15+) (vdf) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

PACER
73

APPENDIX by defendant City of Dallas in support of [72-1] support memorandum (15+/USC) (Not Imaged) (vdf) (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

PACER
74

NOTICE of attorney appearance for defendant City of Dallas by James B Pinson (Amy Bock designated lead counsel) (2) (djd) (Entered: 06/29/2001)

June 28, 2001

June 28, 2001

PACER
75

Unopposed MOTION by plaintiffs to extend deadline for filing a reply to the City's motion for summary judgment to 7/12/01 (2) (djd) Modified on 07/06/2001 (Entered: 07/06/2001)

July 5, 2001

July 5, 2001

PACER
76

Agreed ORDER granting [75-1] motion to extend deadline for filing a reply to the City's motion for summary judgment to Response to motion reset to 7/12/01 for [71-1] motion for summary judgment ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/6/01 Page(s) 1 (djd) (Entered: 07/06/2001)

July 5, 2001

July 5, 2001

PACER
77

***unfiled per order of 7/23/01***RESPONSE by plaintiff to [71-1] motion for summary judgment (15+/USC) (djd) Modified on 07/24/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
78

***unfiled per order of 7/23/01***MEMORANDUM by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in support of [77-1] motion response (15+) (djd) Modified on 07/24/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
79

VOLUME 1 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC)(Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
80

VOLUME 2 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC)(Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
81

VOLUME 3 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
82

VOLUME 4 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
83

VOLUME 5 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
84

VOLUME 6 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
85

VOLUME 7 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
86

VOLUME 8 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
87

VOLUME 9 APPENDIX by plaintiff in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

July 12, 2001

July 12, 2001

PACER
88

ORDER unfiling [77-1] motion response, unfiling [78-1] support memorandum...dft's reply brief shall not be due until 15 days after plaintiffs file the required pleadings. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/24/01 Page(s) 3 (jrb) (Entered: 07/24/2001)

July 23, 2001

July 23, 2001

PACER
89

ANSWER by defendant City of Dallas to first amended complaint and jury demand (6) (djd) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

PACER
90

RESPONSE by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller to [71-1] motion for summary judgment (2) (djd) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
91

MEMORANDUM by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in opposition to [71-1] motion for summary judgment (15+) (djd) (Entered: 08/07/2001)

Aug. 6, 2001

Aug. 6, 2001

PACER
92

MOTION by defendant City of Dallas to continue trial (4) (jrb) (Entered: 08/16/2001)

Aug. 15, 2001

Aug. 15, 2001

PACER
93

RESPONSE by plaintiffs in opposition to [92-1] motion to continue trial (2) (jyg) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

PACER
94

RULE 26(a)(3) DISCLOSURES/EXHIBIT LIST by plaintiffs (15+) (Exhibit not imaged.) (mlh) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

PACER
95

Pretiral Witness list by defendant City of Dallas (3) (cxj) (Entered: 08/21/2001)

Aug. 20, 2001

Aug. 20, 2001

PACER
96

Exhibit list by defendant City of Dallas (6) (mlh) (Entered: 08/22/2001)

Aug. 21, 2001

Aug. 21, 2001

PACER

Case Details

State / Territory: Texas

Case Type(s):

Environmental Justice

Key Dates

Filing Date: Dec. 16, 1998

Closing Date: Sept. 6, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of African-American homeowners in the Cadillac Heights neighborhood of Dallas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Dallas, City

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.

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $535,000

Issues

General/Misc.:

Housing

Discrimination Basis:

Race discrimination

Affected Race(s):

Black