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)
Attorney for Plaintiff

Beshara, Laura Beth (Texas)

Attorney for Defendant

Bock, Amy K (Texas)

Bowers, Christopher David (Texas)

Bright, Gerald V (Texas)

Bryza, Mark Laurence (Texas)

Documents in the Clearinghouse

Documents in this case

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 230834

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 June 25, 2026, 6:06 a.m.

ECF Number Date Description Link
1 Dec. 16, 1998

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

RECAP
2 Dec. 16, 1998

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)

RECAP
Dec. 16, 1998

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (lag)

3 Jan. 19, 1999

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)

RECAP
4 March 12, 1999

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

RECAP
5 March 17, 1999

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)

RECAP
6 April 2, 1999

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

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7 April 19, 1999

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)

RECAP
8 April 21, 1999

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)

RECAP
9 May 26, 1999

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)

RECAP
10 May 27, 1999

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)

RECAP
11 May 27, 1999

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)

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12 June 3, 1999

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)

RECAP
13 June 24, 1999

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)

RECAP
14 June 25, 1999

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)

RECAP
15 Nov. 1, 1999

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

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16 Dec. 21, 1999

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)

RECAP
17 Jan. 27, 2000

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

RECAP
18 Jan. 27, 2000

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)

RECAP
19 April 21, 2000

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)

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20 April 21, 2000

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)

RECAP
21 July 17, 2000

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

RECAP
22 July 18, 2000

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)

RECAP
23 Sept. 29, 2000

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

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24 Sept. 29, 2000

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

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25 Oct. 2, 2000

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

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26 Oct. 5, 2000

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)

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27 Oct. 31, 2000

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)

RECAP
28 Nov. 27, 2000

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)

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29 Dec. 14, 2000

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)

RECAP
30 Jan. 12, 2001

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

RECAP
31 Jan. 12, 2001

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

RECAP
32 Jan. 16, 2001

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)

RECAP
33 Jan. 16, 2001

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)

RECAP
34 Jan. 16, 2001

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)

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35 Jan. 24, 2001

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

RECAP
36 Jan. 24, 2001

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)

RECAP
37 Jan. 25, 2001

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)

RECAP
38 Jan. 25, 2001

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)

RECAP
39 Jan. 31, 2001

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

RECAP
40 Feb. 1, 2001

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)

RECAP
Feb. 1, 2001

(lch)

41 Feb. 27, 2001

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

RECAP
42 Feb. 28, 2001

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)

RECAP
43 March 12, 2001

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

RECAP
44 March 20, 2001

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)

RECAP
45 March 21, 2001

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)

RECAP
46 March 21, 2001

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)

RECAP
47 March 23, 2001

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)

RECAP
57 March 28, 2001

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)

RECAP
March 28, 2001

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

48 March 29, 2001

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

RECAP
49 March 30, 2001

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

RECAP
50 March 30, 2001

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

RECAP
51 March 30, 2001

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)

RECAP
52 March 30, 2001

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)

RECAP
53 March 30, 2001

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)

RECAP
54 April 2, 2001

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)

RECAP
55 April 2, 2001

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)

RECAP
56 April 6, 2001

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)

RECAP
58 April 19, 2001

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)

RECAP
59 April 19, 2001

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)

RECAP
60 April 23, 2001

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)

RECAP
61 May 2, 2001

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)

RECAP
62 May 21, 2001

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)

RECAP
63 May 22, 2001

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)

RECAP
65 June 4, 2001

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)

RECAP
June 4, 2001

Tele-conference held on motion to compel (jyg)

64 June 6, 2001

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)

RECAP
66 June 15, 2001

**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)

RECAP
67 June 18, 2001

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)

RECAP
68 June 18, 2001

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)

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69 June 18, 2001

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)

RECAP
70 June 19, 2001

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)

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71 June 19, 2001

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

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72 June 19, 2001

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

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73 June 19, 2001

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

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74 June 28, 2001

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

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75 July 5, 2001

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)

RECAP
76 July 5, 2001

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)

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77 July 12, 2001

***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)

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78 July 12, 2001

***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)

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79 July 12, 2001

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)

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80 July 12, 2001

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)

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81 July 12, 2001

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)

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82 July 12, 2001

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)

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83 July 12, 2001

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)

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84 July 12, 2001

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)

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85 July 12, 2001

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

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86 July 12, 2001

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

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87 July 12, 2001

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

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88 July 23, 2001

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)

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89 July 30, 2001

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

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90 Aug. 6, 2001

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)

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91 Aug. 6, 2001

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)

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92 Aug. 15, 2001

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

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93 Aug. 20, 2001

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

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94 Aug. 20, 2001

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

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95 Aug. 20, 2001

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

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96 Aug. 21, 2001

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

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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

City of Dallas

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

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

Other Dockets:

Northern District of Texas 3:98-cv-02955

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

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

Recommended Citation