Case: Watson Chiang, Gail v. Glickman, Daniel

1:00-cv-00004 | District Court of the Virgin Islands

Filed Date: Jan. 10, 2000

Closed Date: Dec. 4, 2009

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Case Summary

This is a case about discrimination in federal housing programs administered by the Rural Housing Service (RHS) of the United States Department of Agriculture. The plaintiffs resided in the United States Virgin Islands and claimed that the RHS discriminated against them on the basis of their race, gender, and national origin through the course of administering rural housing programs in the United States Virgin Islands. They filed this lawsuit on January 10, 2000, in the United States District Court for the Virgin Islands and sought to represent a class of similarly situated persons. They brought their claims under the Equal Credit Opportunity Act (ECOA), the Fair Housing Act of 1988, the Administrative Procedure Act, and 42 U.S.C. §1983.

There were three different ways that the plaintiffs alleged class members were discriminated against. First, some were denied an application and were told to put their names on an unlawful waiting list. This waiting list was a violation of the ECOA, and the plaintiffs estimated that the monetary damages amounted to $2.8 billion. Second, some members were given applications, but RHS then intentionally frustrated the system through delays, causing the members to be unable to obtain funding because the program would run out of funds, members would become ineligible, or members would give up on the process. Again, the plaintiffs alleged that this was a violation of the ECOA. Third, members that were able to obtain loans were denied loan services because of their race, gender, or national origin. The plaintiffs argued that the defendant participated in or agreed to the financing of substandard property or construction as part of its pattern of discrimination. The plaintiffs alleged that the defendant’s discriminatory actions violated their due process rights. As such, the plaintiffs sought declaratory and injunctive relief as well as monetary damages. The case was assigned to Judge Thomas K. Moore.

The plaintiffs defined their class as including “all persons who are Black, Hispanic, female, and/or Virgin Islanders who applied or attempted to apply for, and/or received” program benefits from RHS between January 1, 1981 and January 10, 2000. On February 28, 2003, the plaintiffs’ request for class certification was granted by Judge Moore. 213 F.R.D. 256.

The defendant filed an interlocutory appeal to the United States Court of Appeals for the Third Circuit on October 2, 2003. In their appeal, the defendant argued that the class definition was overbroad and encompassed too many people for the action to be manageable. They also claimed that there were not common issues and thus class status would not be more beneficial than individual adjudications.

On September 20, 2004, the Third Circuit affirmed in part the district court’s certification of the class. Writing for the court, Judge Edward Becker held that the commonality requirement for class certification was met as to the defendants alleged course of discriminatory conduct of placing applicants on waiting lists and otherwise delaying applications. While there was commonality as to the first two prongs of an ECOA claim, the court expressed doubts about whether there was commonality as to the latter two requirements––eligibility and denial by the defendant despite eligibility. Further, the court modified the class definition to include only “Virgin Islanders who applied or attempted to apply for, and/or received” benefits from the defendant because the court felt that a class certification including all Virgin Islanders who applied for aid was sufficient to encompass the plaintiffs’ claims. 385 F.3d 256.

Following cross-motions for summary judgment, the district court on August 20, 2008, granted the defendant’s motion for summary judgment. The court reasoned that the administration of funds in the Virgin Islands was no different from the procedure in any state and that the plaintiffs had not produced sufficient evidence that the defendant made distinctions between applicants on the basis of a protected status. Moreover, the district court found that the statute of limitations had run on the plaintiffs’ ECOA claims. 2008 WL 3925260.

The plaintiffs appealed this decision. On December 4, 2009, the Third Circuit Court of Appeals affirmed the District Court’s decision. Writing for the court, Judge Julio M. Fuentes agreed with the analysis of the District Court and found the arguments raised by the plaintiffs unpersuasive. 362 F. App’x 252. This case is closed.

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Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5001624/parties/watson-chiang-gail-v-glickman-daniel/

Attorney for Plaintiff

Douglas, Dana L (Virgin Islands)

Attorney for Defendant

Carroll, James S (Virgin Islands)

Edney, Marsha S (Virgin Islands)

Expert/Monitor/Master/Other

Brady, Douglas A (Virgin Islands)

Chavez, Fernando F (Virgin Islands)

Attorney for Plaintiff

Douglas, Dana L (Virgin Islands)

N., Johannes, Renita (Virgin Islands)

Attorney for Defendant

Carroll, James S (Virgin Islands)

Edney, Marsha S (Virgin Islands)

Tyson-Floyd, Angela (Virgin Islands)

Expert/Monitor/Master/Other

Brady, Douglas A (Virgin Islands)

Chavez, Fernando F (Virgin Islands)

Sayre, Federico Castelan (Virgin Islands)

Webster, Martial A (Virgin Islands)

Wood, Lee A (Virgin Islands)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:00-cv-00004	Memorandum Chiang v. Veneman	Feb. 28, 2003	Feb. 28, 2003 Order/Opinion 213 F.R.D. 213
08:08-CV-04356	Opinion of the Court Chiang v. Veneman U.S. Court of Appeals for the Third Circuit	Sept. 20, 2004	Sept. 20, 2004 Order/Opinion 385 F.3d 385
1:00-cv-00004	Memorandum Chiang v. Schafer	Aug. 20, 2008	Aug. 20, 2008 Order/Opinion 2008 WL 2008
08:08-CV-04356	Opinion of the Court Virgin Island v. Vilsack U.S. Court of Appeals for the Third Circuit	Jan. 27, 2010	Jan. 27, 2010 Order/Opinion 362 Fed.Appx. 362

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5001624/watson-chiang-gail-v-glickman-daniel/

Last updated April 7, 2024, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
556	NOTICE of appearance of class member Clarence A. Molloy III eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
557	NOTICE of appearance of class member Trinisia Milligan-Jones eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
558	NOTICE of appearance of class member Angela Miller eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
559	NOTICE of appearance of class member Debra Miller eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
560	NOTICE of appearance of class member Armando Munoz eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
561	NOTICE of appearance of class member Tricia Y. Motta eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
562	NOTICE of appearance of class member Charlesworth Nicholas eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
563	NOTICE of appearance of class member Virginia Noel eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
564	NOTICE of appearance of class member Jeniece O'Reilly eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
565	NOTICE of appearance of class member Reeshemah Malika Payne eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
566	NOTICE of appearance of class member Eulogio Perez, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
567	NOTICE of appearance of class member Anna Petersen eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
568	NOTICE of appearance of class member Petrine Phillip-Allen eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
569	NOTICE of appearance of class member Martina L. Rodney eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
570	NOTICE of appearance of class member Avonelle Sackey eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
571	NOTICE of appearance of class member Cheryl Sam eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
572	NOTICE of appearance of class member Eva Sampson eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
573	NOTICE of appearance of class member Medinet Edole eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
574	NOTICE of appearance of class member Anna Encarnacion eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
575	NOTICE of appearance of class member Estate of Pedro Veronica Paulina, Sr. eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
576	NOTICE of appearance of class member Mariel Y. Felix eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
577	NOTICE of appearance of class member Wendy Ann Fleming eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
578	NOTICE of appearance of class member Veronica France-Rqwlins eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
579	NOTICE of appearance of class member Reola A. Garcia eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
580	NOTICE of appearance of class member David Gonzalez eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
581	NOTICE of appearance of class member Michelle Grant eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
583	NOTICE of appearance of class member John Green eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
584	NOTICE of appearance of class member Emile A. Hansen, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
585	NOTICE of appearance of class member Diane L. Hansen eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
586	NOTICE of appearance of class member Monet Harrigan eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
587	NOTICE of appearance of class member Millicent Hendrickson-John eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
588	NOTICE of appearance of class member Annette L. Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
589	NOTICE of appearance of class member Claudette V. Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
590	NOTICE of appearance of class member Erica Henry eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
591	NOTICE of appearance of class member Nathalie Humphreys eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
592	NOTICE of appearance of class member Arah Howard eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
593	NOTICE of appearance of class member Ralph Ible eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
594	NOTICE of appearance of class member Dillon Inglis eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
595	NOTICE of appearance of class member Lloyd Jacobs, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
596	NOTICE of appearance of class member Michael E. Javois eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
597	NOTICE of appearance of class member Carol Azille eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
598	NOTICE of appearance of class member Laurie E. Berley eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
599	NOTICE of appearance of class member Lynncia A. Blyden eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
600	NOTICE of appearance of class member Antoinette Boissiere eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
601	NOTICE of appearance of class member Maxima Brabell eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
602	NOTICE of appearance of class member Iva Brandy eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
603	NOTICE of appearance of class member Dawn Brodhurst eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
604	NOTICE of appearance of class member Rosenel Brown eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
605	NOTICE of appearance of class member Dutchelle C. Browne eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
606	NOTICE of appearance of class member Geraldine Bryar eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
607	NOTICE of appearance of class member Thrisha M. Byron eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
608	NOTICE of appearance of class member John Camacho eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
609	NOTICE of appearance of class member Andrea Christian eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
610	NOTICE of appearance of class member Juanita Teresa Clarke eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
611	NOTICE of appearance of class member Mervyn Constantine, Jr. eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
612	NOTICE of appearance of class member Paula Sydney Cumbermack eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
613	NOTICE of appearance of class member Donald Donovan eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
614	NOTICE of appearance of class member Eurita Donovan eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
615	NOTICE of appearance of class member Ann Edney eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
616	NOTICE of appearance of class member Matthew Edole eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
617	NOTICE of appearance of class member Reuben H.M. Aaron eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
618	NOTICE of appearance of class member Adelle Allen-Marcus eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
619	NOTICE of appearance of class member Edith Augustine eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
620	VOLUME (11) ELEVEN eod 07/08/02 [NAH] (Entered: 07/03/2002)	July 3, 2002	July 3, 2002 PACER
621	NOTICE appearance of class member Veronica Aldonza eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
622	NOTICE appearance of class member Liz M. Ayala eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
623	NOTICE appearance of class member Trevor Belgrave eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
624	NOTICE appearance of class member Regna A. Bersford eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
625	NOTICE appearance of class member Earl Braffith eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
626	NOTICE appearance of class member Urscelyn Charles eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
627	NOTICE appearance of class member Avril Christian eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
628	NOTICE appearance of class member Neisha Christopher eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
629	NOTICE appearance of class member Leonard Cruz eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
630	NOTICE appearance of class member Christine Danielson eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
631	NOTICE appearance of class member Karlena De leon eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
632	NOTICE appearance of class member Sylvia Edwards eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
633	NOTICE appearance of class member Carmen Espinosa eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
634	NOTICE appearanc eof class member Kaye Evans eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
635	NOTICE appearance of class member Rochelle Felix eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
636	NOTICE appearance of class member Verna France eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
637	NOTICE appearance of class member Constantin Francis eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
638	NOTICE appearance of class member Roger Gaston eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
639	NOTICE appearance of class member Holly Gay Adeen/Dukhie eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
640	NOTICE appearance of class member Meriba Greenridge-Jacobs eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
641	NOTICE appearance of class member Lorna Joseph eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
642	NOTICE appearance of class member Trevor Kelly eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
643	NOTICE appearance of class member Louise Lazare eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
644	NOTICE appearance of class member Mary Jane Leon eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
645	NOTICE appearance of class member Greta Thomas Liburd eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
646	NOTICE appearance of class member Janette Liburd eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
647	NOTICE appearance of class member Marilyn V. Martin eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
648	NOTICE appearance of class member Barbara McBean eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
649	NOTICE appearance of class member Germaine A. Miller eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
650	NOTICE appearance of class member Denice Miller-Watts eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
651	NOTICE appearance of class member Fariline Moorehead eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
652	NOTICE appearance of class member Patrick Noel eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
653	NOTICE appearance of class member Arlene O'Reilly eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
654	NOTICE appearance of class member Bernadette A. Parrish eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
655	NOTICE appearance f class member Marisol Perez eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER
656	NOTICE appearance of class member Claudia Payne eod 07/10/02 [MWR] (Entered: 07/09/2002)	July 9, 2002	July 9, 2002 PACER

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Case Details

State / Territory: Virgin Islands

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Jan. 10, 2000

Closing Date: Dec. 4, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are individuals who resided in the United States Virgin Islands who claimed that the Rural Housing Service discriminated against them on the basis of their race, gender, and national origin through the course of administering rural housing programs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Department of Agriculture, Federal

Defendant Type(s):

Housing Authority

Jurisdiction-wide

Case Details