Case: U.S. v. City of Beaumont, Texas

1:15-cv-00201 | U.S. District Court for the Eastern District of Texas

Filed Date: May 26, 2015

Closed Date: June 16, 2016

Clearinghouse coding complete

Case Summary

The United States Department of Justice (DOJ) filed a lawsuit on May 26, 2015 in the U.S. District Court for Eastern District of Texas against the City of Beaumont, Texas. DOJ alleged that the city implemented and enforced spacing requirements and overly restrictive fire code regulations for small group homes for individuals with intellectual or developmental disabilities, in violation of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).   On August 5, 2015, three indivi…

The United States Department of Justice (DOJ) filed a lawsuit on May 26, 2015 in the U.S. District Court for Eastern District of Texas against the City of Beaumont, Texas. DOJ alleged that the city implemented and enforced spacing requirements and overly restrictive fire code regulations for small group homes for individuals with intellectual or developmental disabilities, in violation of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).  

On August 5, 2015, three individuals represented by Disability Rights Texas, the state’s protection and advocacy system, sought leave to intervene. The individuals were residents of a group home and previously filed complaints with the United States Department of Housing and Urban Development (HUD) against the city for its actions regarding spacing of restrictive fire codes for group homes and consequently forcing certain group homes to close. After the group homes closed, the individuals were forced to move to a nursing home. The court granted the motion to intervene on November 24, 2015 and the plaintiffs filed their intervenor complaint the same day. The intervenors sought declaratory and injunctive relief, monetary damages and attorney fees against the city under the FHA, Title VIII of the Civil Rights Act, 42 U.S.C. §§ 3601-3631, and Titles II and V of the ADA, 42 U.S.C. §§ 12131-12134, 12203, as well as Title II’s implementing regulation, 28 C.F.R. Part 35. Magistrate Judge Zack Hawthorn and Judge Ron Clark were assigned to the case.

The city moved to dismiss the case on July 17, 2015. On November 3, 2015 the court denied the motion to dismiss, finding that the city did not demonstrate that the complaint failed to state a viable claim, failed to raise its statute of limitations defense properly, and did not show that the issue had already been litigated (no res judicata). 2015 WL 13730887. The court allowed the State of Texas an opportunity to intervene.  

On May 4, 2016, the parties reached an agreement to settle the lawsuit and on June 16, 2016 the court approved a consent decree between the parties. The consent decree required the City to pay $435,000 in monetary relief to 11 aggrieved individuals and a $15,000 civil penalty. The City also agreed to pay $25,000 to Disability Rights Texas, the organization that represented the three individuals who filed the HUD complaints and intervened in the United States’ lawsuit, and a $15,000 penalty to DOJ. In addition, the City consented to injunctive relief, including ceasing enforcement of its spacing requirements and overly restrictive fire code regulations, implementing a comprehensive reasonable accommodation policy, requiring its officials to attend fair housing training, and appointing a fair housing compliance officer. 

The agreement was set to remain in effect for three years. As such, the Clearinghouse believes that this case is closed.

Summary Authors

NDRN (12/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4530812/parties/united-states-v-city-of-beaumont-texas/


Judge(s)

Clark, Ron (Texas)

Attorney for Plaintiff

Bryant, Aurora R. (Texas)

Cohen-Miller, Rachel Beth (Texas)

Lapertosa, Max P (Texas)

Lockhart, Michael Wayne (Texas)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
9

1:15-cv-00201

Partial Consent, Partial Opposed Motion for Leave to Intervene by Alissa Humphrey, Laura Odom, and Todd Hicks

Aug. 5, 2015

Aug. 5, 2015

Pleading / Motion / Brief
32

1:15-cv-00201

Report and Recommendation Denying Defendant's Motion To Dismiss

Nov. 3, 2015

Nov. 3, 2015

Order/Opinion

2015 WL 13730887

38

1:15-cv-00201

Complaint in Intervention for Alissa Humphrey, Laura Odom, and Todd Hicks

Nov. 24, 2015

Nov. 24, 2015

Complaint
37

1:15-cv-00201

Order Granting Petitioners' Motion To Intervene

Nov. 24, 2015

Nov. 24, 2015

Order/Opinion
38

1:15-cv-00201

Complaint In Intervention For Alissa Humphrey, Laura Odom, And Todd Hicks

Nov. 24, 2015

Nov. 24, 2015

Complaint
39

1:15-cv-00201

First Amended Complaint In Intervention For Alissa Humphrey, Laura Odom, And Todd Hicks

Dec. 4, 2015

Dec. 4, 2015

Complaint
40

1:15-cv-00201

United States' Response To Defendant's Objection To The Report And Recommendation Denying Defendant's Motion To Dismiss

Dec. 8, 2015

Dec. 8, 2015

Pleading / Motion / Brief
47

1:15-cv-00201

Order Overruling Objections And Adopting Magistrate Judge's Report And Recommendations

Jan. 14, 2016

Jan. 14, 2016

Order/Opinion

2016 WL 159228

47

1:15-cv-00201

Order Overruling Objections And Adopting Magistrate Judge's Report And Recommendation

Jan. 14, 2016

Jan. 14, 2016

Order/Opinion

2016 WL 159228

104

1:15-cv-00201

Order Granting Motion For Entry Of Consent Decree

June 16, 2016

June 16, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4530812/united-states-v-city-of-beaumont-texas/

Last updated Dec. 16, 2024, 3:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Beaumont, Texas, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons(es))(Lockhart, Michael) (Entered: 05/26/2015)

1 Civil Cover Sheet

View on PACER

2 Summons(es)

View on PACER

May 26, 2015

May 26, 2015

PACER
2

SUMMONS Issued as to City of Beaumont, Texas and emailed to plaintiff's atty for service (aam, ) (Entered: 05/27/2015)

May 26, 2015

May 26, 2015

PACER

Notice of Magistrate Availability

May 27, 2015

May 27, 2015

PACER

Case Assigned/Reassigned

May 27, 2015

May 27, 2015

PACER
3

SUMMONS Returned Executed by United States of America. City of Beaumont, Texas served on 6/10/2015, answer due 7/1/2015. (tkd, ) (Entered: 06/18/2015)

June 16, 2015

June 16, 2015

PACER
4

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re City of Beaumont, Texas.( McKamie, William) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER

Application Granted for Extension of Time to Answer Complaint

July 2, 2015

July 2, 2015

PACER
5

MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) by City of Beaumont, Texas. (McKamie, William) (Additional attachment(s) added on 7/23/2015: # 1 Proposed Order) (tkd, ). (Entered: 07/17/2015)

1 Proposed Order

View on PACER

July 17, 2015

July 17, 2015

PACER
6

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
7

ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must occur by 8/10/15. Rule 16 Management/Scheduling Conference set for 10/14/2015 at 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 7/20/15. (tkd, ) (Entered: 07/21/2015)

July 20, 2015

July 20, 2015

PACER
8

ORDER granting 6 Motion for Extension of Time to File Response to 5 MOTION to Dismiss; responses due by 8/17/2015. Signed by Judge Ron Clark on 7/21/15. (tkd, ) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
9

MOTION for Leave to Intervene by Alissa Humphrey, Laura Odom, Todd Hicks. (McGreal, Christopher) (Additional attachment(s) added on 8/6/2015: # 1 Proposed Order) (tkd, ). Modified on 9/2/2015 (tkd, ). (Entered: 08/05/2015)

1 Proposed Order

View on PACER

Aug. 5, 2015

Aug. 5, 2015

PACER
10

RESPONSE in Opposition re 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Additional attachment(s) added on 8/17/2015: # 2 Revised Proposed Order) (bjc, ). (Entered: 08/17/2015)

1 Text of Proposed Order

View on PACER

2 Revised Proposed Order

View on PACER

Aug. 17, 2015

Aug. 17, 2015

PACER
11

Additional Attachments to Main Document: Declaration of Max Lapertosa to 10 Response in Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lapertosa, Max) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
12

Additional Attachments to Main Document: Exhibit F to 10 Response in opposition to motion. (Bryant, Aurora) Modified on 8/17/2015 (bjc, ). (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
13

RESPONSE to Motion re 9 MOTION for Leave to File to Intervene filed by City of Beaumont, Texas. (McKamie, William) (Additional attachment(s) added on 8/20/2015: # 1 Text of Proposed Order) (bjc, ). (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
14

***FILED IN ERROR. PLEASE IGNORE.*** RESPONSE to Motion re 9 MOTION for Leave to File to Intervene PROPOSED ORDER filed by City of Beaumont, Texas. (McKamie, William) Modified on 8/20/2015 (bjc, ). (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
15

Unopposed MOTION for Extension of Time to File Reply to United States' response in opposition to Defendant's 5 motion to dismiss by City of Beaumont, Texas. (Attachments: # 1 Text of Proposed Order)(McKamie, William) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER

Notice of Docket Correction

Aug. 20, 2015

Aug. 20, 2015

PACER
16

ORDER granting 15 Motion for extension of time to file a reply to pltf's opposition to 5 Motion to Dismiss; reply due by 8/31/2015. Signed by Judge Ron Clark on 8/24/15. (tkd, ) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
17

REPLY to Response to Motion re 9 MOTION for Leave to File to Intervene filed by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
18

Unopposed MOTION for Leave to Exceed Page Limit for Petitioners' Reply in Support of Motion to Intervene by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Proposed Order)(McGreal, Christopher) Modified on 8/26/2015 (tkd, ). (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
19

REPLY to Response to Motion re 9 MOTION for Leave to File to Intervene filed by Todd Hicks, Alissa Humphrey, Laura Odom. (McGreal, Christopher) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
20

Unopposed Amended MOTION for Extension of Time to File Reply to Response to 5 Motion to Dismiss by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 9/1/2015 (tkd, ). (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
21

Unopposed MOTION for Extension of Time to File Sur-Reply as to 9 MOTION for Leave to Intervene by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 9/2/2015 (tkd, ). (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
22

ORDER granting 20 Motion for Extension of Time to File Reply re 5 MOTION to Dismiss; reply due by 9/4/2015. Signed by Judge Ron Clark on 9/1/15. (tkd, ) (Entered: 09/02/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
23

ORDER granting 21 Motion for Extension of Time. Ordered that Defendant shall have until September 8, 2015 to file its sur-reply. Signed by Judge Ron Clark on 9/2/2015. (bjc, ) (Entered: 09/03/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
24

REPLY in Support of 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by City of Beaumont, Texas. (McKamie, William) Modified on 9/8/2015 (tkd, ). (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

RECAP
25

SUR-REPLY to Reply to Response to Motion re 9 MOTION for Leave to Intervene filed by City of Beaumont, Texas. (McKamie, William) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
26

SUR-REPLY to Reply to Response to Motion re 5 MOTION to Dismiss Federal Rules of Civil Procedure 12(B)(6) & (7) filed by United States of America. (Lapertosa, Max) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
27

REPORT of Rule 26(f) Planning Meeting. (Bryant, Aurora) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
28

NOTICE of Discovery Disclosure by United States of America re: Rule 26(a)(1) Disclosures (Lapertosa, Max) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
29

ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn. Signed by Judge Ron Clark on 10/2/2015. (bjc, ) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER

Notice of Hearing

Oct. 2, 2015

Oct. 2, 2015

PACER
30

Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Scheduling Conference held on 10/14/2015. (FTR Op: Piper, T.) (ttp, ) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
31

SCHEDULING ORDER setting various deadlines. Final Pretrial Conference set for 6/23/2016 at 9:00 AM. Jury Selection/Trial set for 7/11/2016 at 9:00 AM. Signed by Magistrate Judge Zack Hawthorn on 10/15/15. (tkd, ) (Entered: 10/16/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
32

REPORT AND RECOMMENDATION that 5 Motion to Dismiss under FRCP 12(b)(6)&(7) should be denied. The govt is ordered to send notice to the TX Attorney General that this case represents a question regarding the constitutionality of TX law pursuant to FRCP 5.1 by 11/10/2015 at 4:00 pm. The Clerk is ordered to certify the constitutional question presented in this case to the TX Attorney General pursuant to FRCP 5.1(b) by sending a copy of this Report & Recommendation by certified mail return receipt requested to the TX Attorney General at the address listed herein. Signed by Magistrate Judge Zack Hawthorn on 11/3/15. CC: TX Atty Gen(tkd, ) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

RECAP
33

CERTIFICATE of Service of Notice to the Texas Attorney General Pursuant to FRCP 5.1 by United States of America re 32 Report and Recommendations,, (Attachments: # 1 Exhibit Fed. R. Civ. P. 5.1 Notice)(Lapertosa, Max) Modified on 11/6/2015 (tkd, ). (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
34

Certified Mail GREEN CARD showing receipt of 32 Report and Recommendation by the Office of the Attorney General on 11/6/15. (tkd, ) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
35

OBJECTION to 32 Report and Recommendations by City of Beaumont, Texas. (McKamie, William) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
36

Unopposed MOTION for Extension of Time to File Response/Reply as to 35 Objection to Report and Recommendations by United States of America. (Attachments: # 1 Text of Proposed Order)(Bryant, Aurora) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 23, 2015

Nov. 23, 2015

PACER
37

ORDER granting 9 Motion for Leave to intervene. Signed by Magistrate Judge Zack Hawthorn on 11/24/2015. (bjc, ) (Entered: 11/25/2015)

Nov. 24, 2015

Nov. 24, 2015

RECAP
38

Intervenor COMPLAINT, filed by Todd Hicks, Alissa Humphrey, Laura Odom.(tkd, ) (Entered: 12/04/2015)

Nov. 24, 2015

Nov. 24, 2015

RECAP

Order on Motion for Leave to File

Nov. 30, 2015

Nov. 30, 2015

PACER
39

First Amended INTERVENOR COMPLAINT against All Defendants, filed by Todd Hicks, Alissa Humphrey, Laura Odom.(McGreal, Christopher) Modified on 12/7/2015 (tkd, ). (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

RECAP
40

RESPONSE to 35 Objection to Report and Recommendations filed by United States of America. (Bryant, Aurora) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

RECAP
41

NOTICE of Acknowledgement of Receipt by United States of America re 33 Notice (Other), 32 Report and Recommendations (Attachments: # 1 Appendix Acknowledgment of Receipt of Certified Mail)(Lapertosa, Max) Modified on 12/16/2015 (tkd, ). (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
42

Rule 12(b) MOTION to Dismiss Complaint in Intervention by City of Beaumont, Texas. Responses due by 12/28/2015 (Attachments: # 1 Text of Proposed Order)(McKamie, William) Clerk's Note: Please ignore response deadline in this entry. Modified on 12/29/2015 (tkd, ). (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER

Notice of Hearing

Jan. 5, 2016

Jan. 5, 2016

PACER
43

NOTICE of Attorney Appearance by Elise Sandra Shore on behalf of United States of America (Shore, Elise) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
44

NOTICE of Attorney Appearance by Abigail Adrienne Nurse on behalf of United States of America (Nurse, Abigail) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
45

***FILED IN ERROR. PLEASE IGNORE.*** Opposed MOTION to Stay Briefing on Response to Defendant City of Beaumont's Motion to Dismiss Intervenors' Complaint by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Text of Proposed Order)(McGreal, Christopher) Modified on 1/7/2016 (bjc, ). (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER

Notice of Docket Correction

Jan. 7, 2016

Jan. 7, 2016

PACER
46

Unopposed MOTION for Extension of Time to File Response to 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention, alternatively Opposed MOTION to Stay Briefing on their Response to Defendant City of Beaumont's Motion to Dismiss Intervenors' Complaint by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Text of Proposed Order)(McGreal, Christopher) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

PACER

Order on Motion for Extension of Time to File Response/Reply

Jan. 8, 2016

Jan. 8, 2016

PACER
47

ORDER overruling objections and adopting 32 Report and Recommendation. Deft's 5 Motion to Dismiss is denied. Signed by Judge Ron Clark on 1/14/16. (tkd, )

Jan. 14, 2016

Jan. 14, 2016

RECAP
48

Joint MOTION to Amend/Correct 31 Scheduling Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Shore, Elise) (Additional attachment(s) added on 1/21/2016: # 2 Revised Proposed Order) (tkd, ). (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
49

AMENDED SCHEDULING ORDER resetting various deadlines. Final Pretrial Conference reset for 9/29/2016 at 9:00 AM. Jury Selection/Trial reset for 10/3/2016 at 9:00 AM. Signed by Magistrate Judge Zack Hawthorn on 1/22/16. (tkd, ) (Entered: 01/25/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER

Order on Motion to Amend/Correct

Jan. 22, 2016

Jan. 22, 2016

PACER
50

ORIGINAL ANSWER to 1 Complaint by City of Beaumont, Texas.(McKamie, William) Modified on 1/28/2016 (tkd, ). (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
51

RESPONSE in Opposition re 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention filed by Todd Hicks, Alissa Humphrey, Laura Odom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(McGreal, Christopher) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
52

AMENDED ANSWER to 1 Complaint by City of Beaumont, Texas. (McKamie, William) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
53

NOTICE of Attorney Appearance by Christopher Patrick McGreal on behalf of Todd Hicks, Alissa Humphrey, Laura Odom (McGreal, Christopher) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
54

NOTICE of Attorney Appearance by Rachel Beth Cohen-Miller on behalf of Todd Hicks, Alissa Humphrey, Laura Odom (Cohen-Miller, Rachel) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER
55

REPLY to Response to Motion re 42 Rule 12(b) MOTION to Dismiss Complaint in Intervention filed by City of Beaumont, Texas. (McKamie, William) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
56

Opposed MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, Aug. 25 2015 email, # 3 Exhibit B, Sept. 17, 2015 email, # 4 Exhibit C, Sept. 17 & 18 emails, # 5 Exhibit D, Sept. 28, 2015 email, # 6 Exhibit E, Oct. 2, 2015 emails, # 7 Exhibit F, Oct. 27, 2015 email, # 8 Exhibit G, Oct. 30, 2015 emails, # 9 Exhibit H, Nov. 6 & Dec. 1, 2015 emails, # 10 Exhibit I, Unopposed Protective Order, Wilson v. Bobbitt, 1:15-cv-284, # 11 Exhibit J, Stipulated Protective Orders, US v. Forth Worth, 4:15-cv-304 (N.D. Tex.), US v. City of Satsuma, 1:03-cv-242 (S.D. Ala.))(Shore, Elise) Modified on 2/9/2016 (tkd, ). (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
57

ORDER Shortening Response Time. Deft is directed to respond to 56 Motion for Protective Order by 4:00 pm on 2/11/2016. Signed by Magistrate Judge Zack Hawthorn on 2/9/16. (tkd, ) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
58

FILING ERROR. Attorney refiled as doc #59.RESPONSE in Opposition re 56 Opposed MOTION for Protective Order filed by City of Beaumont, Texas. (McKamie, William) Modified on 2/12/2016 (tkd, ). (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
59

RESPONSE in Opposition re 56 Opposed MOTION for Protective Order filed by City of Beaumont, Texas. (Attachments: # 1 Text of Proposed Order)(McKamie, William) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
60

REPLY in Support re 56 Opposed MOTION for Protective Order filed by United States of America. (Attachments: # 1 Exhibit 1)(Shore, Elise) Modified on 2/18/2016 (tkd, ). (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
61

THIRD PARTY COMPLAINT against State Of Texas, filed by City of Beaumont, Texas. (Attachments: # 1 Summons)(McKamie, William) Modified on 2/22/2016 (tkd, ). (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
62

ORDER granting 56 Motion for Protective Order. Signed by Magistrate Judge Zack Hawthorn on 2/19/2016. (bjc, ) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
63

THIRD PARTY SUMMONS Issued as to State Of Texas and emailed to Defendant, Third-Party Plaintiff's atty for service. (aam, ) (Entered: 02/22/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
64

MOTION to Compel by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 E-Gov Sealed Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 E-Gov Sealed Exhibit Q, # 19 Exhibit R)(Nurse, Abigail) Modified on 2/22/2016 (tkd, ). (Additional attachment(s) added on 2/23/2016: # 20 Exhibit H - Redacted, # 21 Exhibit Q - Redacted) (tkd, ). (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
65

MOTION to Substitute Redacted Exhibits re 64 MOTION to Compel by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit H Redacted, # 3 Exhibit Q Redacted)(Nurse, Abigail) Modified on 2/23/2016 (tkd, ). (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
66

ORDER shortening the time to respond and setting a hearing on 64 Motion to Compel Responses to Discovery. Deft is ordered to respond by 4:00 pm on 3/2/16. Motion Hearing set for 3/10/2016 at 9:00 AM in Ctrm 4 (Beaumont) before Magistrate Judge Zack Hawthorn. Signed by Magistrate Judge Zack Hawthorn on 2/23/16. (tkd, ) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER

Order on Motion to Amend/Correct

Feb. 23, 2016

Feb. 23, 2016

PACER
67

NOTICE of Hearing: Mediation Conference set for 3/28/2016 at 10:00 AM and if needed on 3/29/2016 in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. The parties are directed to submit their position statement directly to the mediator at 300 Willow, Suite 118, Beaumont, Texas, 77701 or e~mail to sherre_white@txed.uscourts.gov on or before March 15, 2016. (saw, ) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER
68

MOTION for Protective Order on the Depositions of Danny Daniels, John Beatty, Mitchell Normand, Anna Varela, Adina Ward, Lois Balka, Bonnie Simean, Jill Cobabe and Jack Maddox by City of Beaumont, Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(McKamie, William) Modified on 2/26/2016 (tkd, ). (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

PACER
69

FILED IN ERROR. Please ignore. MOTION to Strike 61 Third Party Complaint by United States of America. Responses due by 3/14/2016 (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) Modified on 2/29/2016 (tkd, ). (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
70

MOTION to Strike 61 Third Party Complaint by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER

Notice of Docket Correction

Feb. 29, 2016

Feb. 29, 2016

PACER
71

RESPONSE in Opposition re 68 MOTION for Protective Order filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Text of Proposed Order, # 20 Text of Proposed Order Alternative)(Bryant, Aurora) (Additional attachment(s) added on 3/1/2016: # 21 Revised Proposed Order, # 22 Revised Alternative Proposed Order) (tkd, ). (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER

Order on Motion to Amend/Correct

March 1, 2016

March 1, 2016

PACER

Order on Motion to Withdraw

March 1, 2016

March 1, 2016

PACER
72

MOTION to Withdraw 68 MOTION for Protective Order by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) Modified on 3/2/2016 (tkd, ). (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
73

Joint MOTION to Amend/Correct 49 Scheduling Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Lapertosa, Max) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
74

RESPONSE to Motion re 64 MOTION to Compel filed by City of Beaumont, Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McKamie, William) Modified on 3/3/2016 (tkd, ). (Additional attachment(s) added on 3/3/2016: # 4 Proposed Order) (tkd, )Clerk's note: Please ignore the "Request for Extension" included with this response. It must be filed separately. Modified on 3/3/2016 (tkd, ). (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
75

PROTECTIVE ORDER. Signed by Magistrate Judge Zack Hawthorn on 3/3/16. (tkd, ) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER

Notice of Docket Correction

March 3, 2016

March 3, 2016

PACER
76

REPLY to Response to Motion re 64 MOTION to Compel filed by United States of America. (Attachments: # 1 Exhibit A, Defendant's Interrogatories)(Nurse, Abigail) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
77

MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Compel by City of Beaumont, Texas. (Attachments: # 1 Proposed Order)(McKamie, William) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
78

Return of Service Executed as to Third-party Defendant State Of Texas by serving the Texas Secretary of State and the Office of the Governor of the State of Texas on 2/19/16. (tkd, ) (Entered: 03/08/2016)

March 7, 2016

March 7, 2016

PACER

Order on Motion for Extension of Time to File Response/Reply

March 8, 2016

March 8, 2016

PACER
79

MOTION to Dismiss Third Party Action by State Of Texas. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
80

SUR-REPLY to Reply to Response to Motion re 64 MOTION to Compel filed by City of Beaumont, Texas. (McKamie, William) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
81

Stricken by 84 Order. MOTION for Protective Order on Plaintiff's Interrogatories and Requests for Production by City of Beaumont, Texas. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(McKamie, William) Modified on 3/10/2016 (tkd, ). (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
82

Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Motion Hearing held on 3/10/2016 re 64 MOTION to Compel filed by United States of America, 81 MOTION for Protective Order on Plaintiff's Interrogatories and Requests for Production filed by City of Beaumont, Texas. (Court Reporter FTR-Laurents.) (fal, ) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
83

ORDER granting in part 64 Motion to Compel. Signed by Magistrate Judge Zack Hawthorn on 3/10/16. (tkd, ) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Fair Housing/Lending/Insurance

Key Dates

Filing Date: May 26, 2015

Closing Date: June 16, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America Intervenors - 3 private plaintiffs

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Beaumont, Texas, City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Issues

General/Misc.:

Housing

Disability and Disability Rights:

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)