Case: United States v. City of Hesperia

5:19-cv-02298 | U.S. District Court for the Central District of California

Filed Date: Dec. 2, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves a challenge to the City of Hesperia’s “crime-free rental housing” program, which required all rental property owners to evict tenants if they received notification from the San Bernardino County Sheriff’s Department that tenants had engaged in any alleged “criminal activity” on or near the property. The program was adopted in 2015. The program also mandated criminal background checks and the Sheriff’s Department screening for tenants. The city later adopted a “rental housing …

This case involves a challenge to the City of Hesperia’s “crime-free rental housing” program, which required all rental property owners to evict tenants if they received notification from the San Bernardino County Sheriff’s Department that tenants had engaged in any alleged “criminal activity” on or near the property. The program was adopted in 2015. The program also mandated criminal background checks and the Sheriff’s Department screening for tenants. The city later adopted a “rental housing business license” program, which required all rental property owners to register the property in the “crime-free rental housing” program to maintain a rental business license.

On December 2, 2019, following an investigation by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Justice (DOJ) filed suit against the City of Hesperia, the County of San Bernardino, and the San Bernardino County Sheriff’s Department in the U.S. District Court for the District of Central California, alleging that the Defendants had violated the Fair Housing Act and the Title VI of the Civil Rights Act of 1964. The DOJ alleged that Hesperia engaged in a pattern or practice of discriminatory conduct with the intent and effect of driving African American and Hispanic renters from their homes and preventing them from obtaining housing through the adoption and enforcement of the “crime-free rental housing” program and the “rental housing business license” program. The DOJ sought to enjoin Hesperia from engaging in the discriminatory practice and from failing to take affirmative steps necessary to prevent the discriminatory practice and eliminate its effects. The DOJ also sought to require Hesperia to take actions necessary to restore the position of all aggrieved persons, to award appropriate monetary damages to all harmed persons, and to assess civil penalties against the city. On December 29, 2022, the Court entered a judgment following District Judge André Birotte Jr. issuing a consent order that reflected the relief initially requested by the DOJ. The consent order required Hesperia to cease enforcing the “crime-free rental housing” program. It also required Hesperia to eliminate the effects of the discriminatory practice, to take steps necessary to prevent future discrimination, to deposit $670,000 in an escrow account for the sole purpose of compensating the injured parties, and to pay $100,000 to the U.S. as a civil penalty. Hesperia also agreed to put in the civil rights coordinator to ensure compliance with the order and manage civil rights complaints, institute new training policies, implement needs assessment, community partnerships, and marketing to promote fair housing, and report compliance to the U.S. The consent order will be in effect for five years. 2022 WL 17968834.

Summary Authors

Koki Kurosaki (3/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16536127/parties/united-states-v-city-of-hesperia/


Attorney for Plaintiff

Belen, Christopher D (California)

Bryant, Aurora (California)

Fowler, John R. (California)

Attorney for Defendant

Dunn, Eric Lawrence (California)

Ferraris, James Patrick (California)

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Documents in the Clearinghouse

Document
1

5:19-cv-02298

Complaint and Demand for Jury Trial

Dec. 2, 2019

Dec. 2, 2019

Complaint
49

5:19-cv-02298

Stipulation to File Supplemental Complaint

United States v. CIty of Hesperia

July 13, 2021

July 13, 2021

Settlement Agreement
49-1

5:19-cv-02298

[Proposed] Supplemental Complaint and Demand for Jury Trial

United States v. CIty of Hesperia

July 13, 2021

July 13, 2021

Complaint

5:19-cv-02298

Consent Order

United States v. CIty of Hesperia

Dec. 22, 2022

Dec. 22, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16536127/united-states-v-city-of-hesperia/

Last updated April 8, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT No Fee Required - US Government, filed by Plaintiff UNITED STATES OF AMERICA. (Attorney Matthew Edward Nickell added to party UNITED STATES OF AMERICA(pty:pla))(Nickell, Matthew) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

Clearinghouse
1

COMPLAINT No Fee Required - US Government, filed by Plaintiff UNITED STATES OF AMERICA. (Attorney Matthew Edward Nickell added to party UNITED STATES OF AMERICA(pty:pla))(Nickell, Matthew) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

Clearinghouse
2

CIVIL COVER SHEET filed by Plaintiff UNITED STATES OF AMERICA. (Nickell, Matthew) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
2

CIVIL COVER SHEET filed by Plaintiff UNITED STATES OF AMERICA. (Nickell, Matthew) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
3

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (esa) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
3

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (esa) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
4

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
4

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
5

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
5

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
6

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff United States of America. (Nickell, Matthew) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
6

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff United States of America. (Nickell, Matthew) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
7

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (twdb) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
7

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (twdb) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
8

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant County of San Bernardino served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
8

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant County of San Bernardino served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
9

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant City of Hesperia served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon City of Hesperia in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
9

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant City of Hesperia served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon City of Hesperia in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
10

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant San Bernardino County Sheriff s Department served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County Sheriff's Department in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
10

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant San Bernardino County Sheriff s Department served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County Sheriff's Department in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
11

STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1, STIPULATION for Extension of Time to File Response filed by Defendants City of Hesperia, San Bernardino County Sheriff s Department, County of San Bernardino.(Attorney Stephen R Onstot added to party City of Hesperia(pty:dft), Attorney Stephen R Onstot added to party County of San Bernardino(pty:dft), Attorney Stephen R Onstot added to party San Bernardino County Sheriff s Department(pty:dft))(Onstot, Stephen) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
11

STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1, STIPULATION for Extension of Time to File Response filed by Defendants City of Hesperia, San Bernardino County Sheriff s Department, County of San Bernardino.(Attorney Stephen R Onstot added to party City of Hesperia(pty:dft), Attorney Stephen R Onstot added to party County of San Bernardino(pty:dft), Attorney Stephen R Onstot added to party San Bernardino County Sheriff s Department(pty:dft))(Onstot, Stephen) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
12

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by City of Hesperia City of Hesperia.(Holly, Braden) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

RECAP
12

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by City of Hesperia City of Hesperia.(Holly, Braden) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

RECAP
13

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendant San Bernardino County Sheriff s Department.(Holly, Braden) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

RECAP
13

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendant San Bernardino County Sheriff s Department.(Holly, Braden) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

RECAP
14

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:16-cv-00903 AB(SPx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato to Judge Andre Birotte Jr and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-02298 AB(SPx). Signed by Judge Andre Birotte Jr (rn) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
14

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:16-cv-00903 AB(SPx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato to Judge Andre Birotte Jr and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-02298 AB(SPx). Signed by Judge Andre Birotte Jr (rn) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
15

STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
15

STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
16

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 6/5/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
16

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 6/5/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
17

NOTICE of Appearance filed by attorney Michelle A McLeod on behalf of Plaintiff United States of America (Attorney Michelle A McLeod added to party United States of America(pty:pla))(McLeod, Michelle) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
17

NOTICE of Appearance filed by attorney Michelle A McLeod on behalf of Plaintiff United States of America (Attorney Michelle A McLeod added to party United States of America(pty:pla))(McLeod, Michelle) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
18

NOTICE of Appearance filed by attorney Christopher D Belen on behalf of Plaintiff United States of America (Attorney Christopher D Belen added to party United States of America(pty:pla))(Belen, Christopher) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
18

NOTICE of Appearance filed by attorney Christopher D Belen on behalf of Plaintiff United States of America (Attorney Christopher D Belen added to party United States of America(pty:pla))(Belen, Christopher) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
19

Notice of Appearance or Withdrawal of Counsel: for attorney Katherine M Hikida counsel for Plaintiff United States of America. Adding Katherine M. Hikida as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attachments: # 1 Proof of Service)(Attorney Katherine M Hikida added to party United States of America(pty:pla))(Hikida, Katherine) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
19

Notice of Appearance or Withdrawal of Counsel: for attorney Katherine M Hikida counsel for Plaintiff United States of America. Adding Katherine M. Hikida as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attachments: # 1 Proof of Service)(Attorney Katherine M Hikida added to party United States of America(pty:pla))(Hikida, Katherine) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
20

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 to 3 weeks, filed by Plaintiff United States of America.. (Nickell, Matthew) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
20

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 to 3 weeks, filed by Plaintiff United States of America.. (Nickell, Matthew) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
21

STIPULATION for Protective Order filed by Plaintiff United States of America.(Nickell, Matthew) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
21

STIPULATION for Protective Order filed by Plaintiff United States of America.(Nickell, Matthew) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
22

Notice of Appearance or Withdrawal of Counsel: for attorney Erika Danielle Green counsel for Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. Adding Erika D. Green as counsel of record for City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department. (Attorney Erika Danielle Green added to party City of Hesperia(pty:dft), Attorney Erika Danielle Green added to party County of San Bernardino(pty:dft), Attorney Erika Danielle Green added to party San Bernardino County Sheriff s Department(pty:dft))(Green, Erika) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
22

Notice of Appearance or Withdrawal of Counsel: for attorney Erika Danielle Green counsel for Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. Adding Erika D. Green as counsel of record for City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department. (Attorney Erika Danielle Green added to party City of Hesperia(pty:dft), Attorney Erika Danielle Green added to party County of San Bernardino(pty:dft), Attorney Erika Danielle Green added to party San Bernardino County Sheriff s Department(pty:dft))(Green, Erika) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

RECAP
23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

RECAP
24

(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the June 5, 2020, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
24

(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the June 5, 2020, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
25

ORDER/REFERRAL to ADR Procedure No 1 by Judge Andre Birotte Jr. Case ordered to Magistrate Judge Pym for Settlement Conference. ADR Proceeding to be held no later than 4/16/2021. (cb) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
25

ORDER/REFERRAL to ADR Procedure No 1 by Judge Andre Birotte Jr. Case ordered to Magistrate Judge Pym for Settlement Conference. ADR Proceeding to be held no later than 4/16/2021. (cb) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
26

ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 9/21/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 9/3/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 10/2/2020. Non-Expert Discovery cut-off 5/7/2021. Last Date to Hear Motions 6/25/2021. Deadline to Complete Settlement Conference 4/16/2021. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 8/13/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 8/20/2021. See document for further details. (gk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
26

ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 9/21/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 9/3/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 10/2/2020. Non-Expert Discovery cut-off 5/7/2021. Last Date to Hear Motions 6/25/2021. Deadline to Complete Settlement Conference 4/16/2021. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 8/13/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 8/20/2021. See document for further details. (gk) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER

Text Only Scheduling Notice

June 3, 2020

June 3, 2020

PACER

Text Only Scheduling Notice

June 3, 2020

June 3, 2020

PACER
27

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Alyssa C Lareau as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
27

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Alyssa C Lareau as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
28

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Anna Medina as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
28

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Anna Medina as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
29

STIPULATION to Amend Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Nickell, Matthew) (Entered: 09/03/2020)

1

View on RECAP

Sept. 3, 2020

Sept. 3, 2020

RECAP
29

STIPULATION to Amend Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Nickell, Matthew) (Entered: 09/03/2020)

1

View on RECAP

Sept. 3, 2020

Sept. 3, 2020

RECAP
30

ORDER GRANTING STIPULATION TO AMEND THE COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation 29, IT IS HEREBY ORDERED that the request to file the First Amended Complaint attached to the parties' Stipulation as Exhibit 1 is GRANTED. Plaintiff must file the First Amended Complaint within one week after the issuance of this order. (gk) (Entered: 09/09/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
30

ORDER GRANTING STIPULATION TO AMEND THE COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation 29, IT IS HEREBY ORDERED that the request to file the First Amended Complaint attached to the parties' Stipulation as Exhibit 1 is GRANTED. Plaintiff must file the First Amended Complaint within one week after the issuance of this order. (gk) (Entered: 09/09/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
31

First AMENDED COMPLAINT against Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff United States of America(Nickell, Matthew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

Clearinghouse
31

First AMENDED COMPLAINT against Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff United States of America(Nickell, Matthew) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

Clearinghouse
32

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendant City of Hesperia.(Onstot, Stephen) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
32

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendant City of Hesperia.(Onstot, Stephen) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
33

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department.(Onstot, Stephen) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
33

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department.(Onstot, Stephen) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
34

NOTICE of Appearance filed by attorney Abigail Adrienne Nurse on behalf of Plaintiff United States of America (Attorney Abigail Adrienne Nurse added to party United States of America(pty:pla))(Nurse, Abigail) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
34

NOTICE of Appearance filed by attorney Abigail Adrienne Nurse on behalf of Plaintiff United States of America (Attorney Abigail Adrienne Nurse added to party United States of America(pty:pla))(Nurse, Abigail) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
35

Notice of Appearance or Withdrawal of Counsel: for attorney Michelle A McLeod counsel for Plaintiff United States of America. Michelle A McLeod is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (McLeod, Michelle) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
35

Notice of Appearance or Withdrawal of Counsel: for attorney Michelle A McLeod counsel for Plaintiff United States of America. Michelle A McLeod is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (McLeod, Michelle) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
36

Notice of Appearance or Withdrawal of Counsel: for attorney D Dennis La counsel for Defendant City of Hesperia. Adding D. Dennis La as counsel of record for City of Herperia; County of San Bernardino; San Bernardino County Sheriff's Dept. for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia. (Attorney D Dennis La added to party City of Hesperia(pty:dft))(La, D) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
36

Notice of Appearance or Withdrawal of Counsel: for attorney D Dennis La counsel for Defendant City of Hesperia. Adding D. Dennis La as counsel of record for City of Herperia; County of San Bernardino; San Bernardino County Sheriff's Dept. for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia. (Attorney D Dennis La added to party City of Hesperia(pty:dft))(La, D) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

PACER
37

STIPULATION for Order For Remote Deposition of Witnesses filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Nickell, Matthew) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
37

STIPULATION for Order For Remote Deposition of Witnesses filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Nickell, Matthew) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
38

ORDER GRANTING THE STIPULATION FOR REMOTE DEPOSITION OF WITNESSES 37 by Magistrate Judge Sheri Pym. (es) (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

RECAP
38

ORDER GRANTING THE STIPULATION FOR REMOTE DEPOSITION OF WITNESSES 37 by Magistrate Judge Sheri Pym. (es) (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

RECAP
39

STIPULATION for Order TO EXTEND ALL REMAINING DEADLINES filed by Plaintiff United States of America. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Nickell, Matthew) (Entered: 12/31/2020)

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Dec. 31, 2020

Dec. 31, 2020

RECAP
39

STIPULATION for Order TO EXTEND ALL REMAINING DEADLINES filed by Plaintiff United States of America. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Nickell, Matthew) (Entered: 12/31/2020)

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Dec. 31, 2020

Dec. 31, 2020

RECAP
40

ORDER GRANTING STIPULATION TO EXTEND ALL REMAINING DEADLINES by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the parties' Stipulation to Extend All Remaining Deadlines 39 is GRANTED. The remaining deadlines in this action are hereby adjusted. Fact Discovery cut-off 11/8/2021. Motion Hearing Cut-Off 12/17/2021. ADR Cut-Off 10/15/2021. Trial Filings (first round) due by 2/11/2022. Trial Filings (second round) due by 2/18/2022. Final Pretrial Conference set for 3/4/2022 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 3/22/2022 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
40

ORDER GRANTING STIPULATION TO EXTEND ALL REMAINING DEADLINES by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the parties' Stipulation to Extend All Remaining Deadlines 39 is GRANTED. The remaining deadlines in this action are hereby adjusted. Fact Discovery cut-off 11/8/2021. Motion Hearing Cut-Off 12/17/2021. ADR Cut-Off 10/15/2021. Trial Filings (first round) due by 2/11/2022. Trial Filings (second round) due by 2/18/2022. Final Pretrial Conference set for 3/4/2022 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 3/22/2022 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
41

Notice of Appearance or Withdrawal of Counsel: for attorney Megan K Whyte de Vasquez counsel for Plaintiff United States of America. Megan K. Whyte de Vasquez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff United States of America. (Whyte de Vasquez, Megan) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
41

Notice of Appearance or Withdrawal of Counsel: for attorney Megan K Whyte de Vasquez counsel for Plaintiff United States of America. Megan K. Whyte de Vasquez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff United States of America. (Whyte de Vasquez, Megan) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Aurora Bryant as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Aurora Bryant as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
43

NOTICE OF MOTION AND MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES filed by Plaintiff United States of America. Motion set for hearing on 6/8/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Matthew Nickell with Exhibits, # 3 Declaration of D. Dennis La, # 4 Proposed Order)(Nickell, Matthew) (Entered: 05/03/2021)

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May 3, 2021

May 3, 2021

RECAP
43

NOTICE OF MOTION AND MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES filed by Plaintiff United States of America. Motion set for hearing on 6/8/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Matthew Nickell with Exhibits, # 3 Declaration of D. Dennis La, # 4 Proposed Order)(Nickell, Matthew) (Entered: 05/03/2021)

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May 3, 2021

May 3, 2021

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44

SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Plaintiff United States of America. (Attachments: # 1 Supplemental Declaration of Matthew Nickell, # 2 Exhibit 1)(Nickell, Matthew) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

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44

SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Plaintiff United States of America. (Attachments: # 1 Supplemental Declaration of Matthew Nickell, # 2 Exhibit 1)(Nickell, Matthew) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

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SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (Green, Erika) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
45

SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (Green, Erika) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
46

ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings. The Settlement Conference is placed on calendar for October 14, 2021, at 9:30 a.m., in Courtroom 3 of the United States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR DETAILS). (kca) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

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ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings. The Settlement Conference is placed on calendar for October 14, 2021, at 9:30 a.m., in Courtroom 3 of the United States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR DETAILS). (kca) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

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Text Only Entry: The court takes Plaintiff's MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 under submission. The hearing set for June 8, 2021 at 10:00 a.m. is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
47

Text Only Entry: The court takes Plaintiff's MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 under submission. The hearing set for June 8, 2021 at 10:00 a.m. is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER

Generic Text Only Entry

June 4, 2021

June 4, 2021

PACER

Generic Text Only Entry

June 4, 2021

June 4, 2021

PACER
48

MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part Plaintiffs Motion to Compel 43 (SEE ORDER FOR DETAILS). (kca) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
48

MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part Plaintiffs Motion to Compel 43 (SEE ORDER FOR DETAILS). (kca) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Dec. 2, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Hesperia, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $100,000

Order Duration: 2022 - None

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Recordkeeping

Monitoring

Training

Issues

General:

Housing

Housing assistance

Pattern or Practice

Racial segregation

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black

Race, unspecified

National Origin/Ethnicity:

Hispanic