Case: United States v. Housing Authority of Ashland Alabama

1:20-cv-01905 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 1, 2020

Case Ongoing

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Case Summary

On December 1, 2020, the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Northern District of Alabama against the Ashland, Alabama Housing Authority, alleging that it had engaged in a pattern or practice of discrimination on the basis of race at multiple low-income public housing communities in violation of the Fair Housing Act. The complaint alleged that the Ashland Housing Authority, and three property development companies who were the private own…

On December 1, 2020, the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Northern District of Alabama against the Ashland, Alabama Housing Authority, alleging that it had engaged in a pattern or practice of discrimination on the basis of race at multiple low-income public housing communities in violation of the Fair Housing Act. The complaint alleged that the Ashland Housing Authority, and three property development companies who were the private owners and agent of two of the properties in question, unlawfully steered Black applicants away from four overwhelmingly white properties and steered white applicants away from disproportionately Black properties, maintaining the properties as largely segregated. The case was assigned to Judge Annemarie Carney Axon. The DOJ filed an amended complaint on January 25, 2021, correcting minor factual details. 

The Ashland Housing Authority and the corporate defendants moved to dismiss the case, or in the alternative, moved for a more definite statement on February 8 and 9, 2021, respectively. The defendants argued that the DOJ failed to state a claim and that the amended complaint was too vague to provide them with notice of the claims against them. Additionally, the Ashland Housing Authority moved for sanctions on March 2, 2021, alleging that the DOJ brought a frivolous lawsuit. On May 12, 2021, the court denied the defendants’ motions, holding that the DOJ alleged sufficient facts to state a claim under the Fair Housing Act. The court also found that no more definite statement was necessary.

On September 16, 2022, the court issued a mediation order, after the filing of a status report and approximately a year of discovery. On November 15, 2022, the parties filed a joint status report following mediation and moved to extend the dispositive motion deadline to November 30, 2022, to allow for the parties to finalize and file a proposed consent decree resolving all claims. 

On December 13, 2022, the court entered a consent decree containing several requirements for the defendants:

  1. pay $275,000 in damages to 23 current or former tenants who were allegedly harmed by the defendants’ conduct;
  2. pay a $10,000 civil penalty to the United States;
  3. implement policies and procedures to remedy the alleged segregation and to ensure nondiscrimination, transparency, and consistency in processing applications and offering units to applicants;
  4. contact a group of approximately 145 individuals who were disproportionately Black who applied to two overwhelmingly white properties but were not placed on the waiting lists for those properties, and offer them spots on the waiting list based on their original dates of application, if they still qualified;
  5. undergo fair-housing training; and
  6. submit periodic compliance reports to the DOJ. 

The parties agreed that the consent decree would remain in effect as to each defendant for a period of 21 months from the date on which that defendant paid its portion of the settlement fund. The court retained jurisdiction to enforce the terms of the consent decree.

Summary Authors

Nina Gerdes (2/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18703266/parties/united-states-v-housing-authority-of-ashland-alabama/


Judge(s)

Axon, Annemarie Carney (Alabama)

Attorney for Plaintiff

Attorney, Prim F. (Alabama)

Cheek, Jason R (Alabama)

Ward, Carla (Alabama)

Woodke, Lane H (Alabama)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-01905

Complaint

United States v. Housing Authority of Ashland

Dec. 1, 2020

Dec. 1, 2020

Complaint
9

1:20-cv-01905

Amended Complaint

United States v. Housing Authority of Ashland

Jan. 25, 2021

Jan. 25, 2021

Complaint
28

1:20-cv-01905

Memorandum Opinion and Order

United States of America v. Housing Authority of Ashland Alabama

May 12, 2021

May 12, 2021

Order/Opinion
81

1:20-cv-01905

Consent Decree

Dec. 13, 2022

Dec. 13, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18703266/united-states-v-housing-authority-of-ashland-alabama/

Last updated March 9, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Housing Authority of Ashland Alabama, Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD, filed by United States of America.(KEK) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

Clearinghouse
2

NOTICE of Appearance by Kathryn Erena Legomsky on behalf of United States of America (Legomsky, Kathryn) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
3

NOTICE of Appearance by Sara L Niles on behalf of United States of America (Niles, Sara) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
4

WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company of Ashland LTD waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER

Set/Reset Deadlines

Jan. 8, 2021

Jan. 8, 2021

PACER
5

WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company LLC waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
6

WAIVER OF SERVICE Returned Executed by United States of America. Southern Development Company of Ashland #2 LTD waiver sent on 12/1/2020, answer due 1/30/2021. (Niles, Sara) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
7

ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Housing Authority of Ashland Alabama. (Lewis, Richard) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER

Set/Reset Deadlines: Housing Authority of Ashland Alabama answer due 1/29/2021. (KEK)

Jan. 8, 2021

Jan. 8, 2021

PACER
8

NOTICE of Appearance by Brandi Branton Frederick on behalf of Housing Authority of Ashland Alabama (Frederick, Brandi) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
9

Amended Complaint

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
10

CERTIFICATE OF SERVICE by United States of America re 9 Amended Complaint to all Defendants (Legomsky, Kathryn) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
11

MOTION to Dismiss or, Alternatively for More Definite Statement by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Frederick, Brandi) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
12

MOTION to Dismiss, or in the Alternative, Motion for More Definite Statement by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Moon, Stacy) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
13

TEXT ORDER re 11 Motion to Dismiss or, Alternatively for More Definite Statement by Housing Authority of Ashland Alabama - The government's response is due on or before February 23, 2021; a reply, if any, is due on or before March 2, 2021. Signed by Judge Annemarie Carney Axon on 2/9/21. (SAC) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
14

TEXT ORDER re 12 Motion to Dismiss, or in the Alternative, Motion for More Definite Statement, filed by Southern Development Company of Ashland LTD, Southern Development Company LLC & Southern Development Company of Ashland #2 LTD - The government's response is due on or before February 23, 2021; a reply, if any, is due on or before March 2, 2021. Signed by Judge Annemarie Carney Axon on 2/9/21. Signed by Judge Annemarie Carney Axon on 2/9/21. (SAC) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
15

Corporate Disclosure Statement by Southern Development Company of Ashland LTD. filed by Southern Development Company of Ashland LTD (Moon, Stacy) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
16

Corporate Disclosure Statement by Southern Development Company of Ashland #2 LTD. filed by Southern Development Company of Ashland #2 LTD (Moon, Stacy) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
17

Corporate Disclosure Statement by Southern Development Company LLC. filed by Southern Development Company LLC (Moon, Stacy) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
18

Corporate Disclosure Statement by Housing Authority of Ashland Alabama. filed by Housing Authority of Ashland Alabama (Frederick, Brandi) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
19

RESPONSE in Opposition re 12 MOTION to Dismiss, or in the Alternative, Motion for More Definite Statement, 11 MOTION to Dismiss or, Alternatively for More Definite Statement filed by United States of America. (Legomsky, Kathryn) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
20

MOTION to Stay Discovery Obligations by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Moon, Stacy) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
21

REPLY to Response to Motion re 12 MOTION to Dismiss, or in the Alternative, Motion for More Definite Statement filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Moon, Stacy) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
22

REPLY to Response to Motion re 11 MOTION to Dismiss or, Alternatively for More Definite Statement filed by Housing Authority of Ashland Alabama. (Frederick, Brandi) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
23

MOTION for Sanctions and Fees by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Lewis, Richard) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
24

TEXT ORDER re 23 MOTION for Sanctions and Fees filed by Housing Authority of Ashland Alabama - The government's response is due on or before March 17, 2021; a reply, if any, is due on or before March 24, 2021. Signed by Judge Annemarie Carney Axon on 3/3/21. (SAC) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
25

TEXT ORDER: The court GRANTS Defendants Southern Development Company of Ashland, Ltd., Southern Development Company of Ashland #2, Ltd., and Southern Development Company, LLC's, unopposed motion to stay discovery in this case. (Doc. 20 ). Accordingly, the court STAYS all deadlines in this case pending a ruling on Defendants' motions to dismiss. (Docs. 11, 12 ). Signed by Judge Annemarie Carney Axon on 3/3/2021. (KEK) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
26

RESPONSE in Opposition re 23 MOTION for Sanctions and Fees filed by United States of America. (Legomsky, Kathryn) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
27

REPLY to re 26 The United States' Opposition to Motion for Sanctions filed by Housing Authority of Ashland Alabama. (Frederick, Brandi) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
28

MEMORANDUM OPINION AND ORDER - The court DENIES the Defendants' motions to dismiss and for a more definite statement (docs. 11, 12 ) and DENIES the Housing Authority's motion for sanctions and fees (doc. 23 ). Signed by Judge Annemarie Carney Axon on 5/12/2021. (KEK) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

Clearinghouse
29

Ashland Housing Authority's ANSWER to 9 Amended Complaint by Housing Authority of Ashland Alabama.(Lewis, Richard) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
30

ANSWER to 9 Amended Complaint by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD.(Moon, Stacy) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
31

REPORT of Rule 26(f) Planning Meeting. (Ward, Carla) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
32

SCHEDULING ORDER governing further proceedings in this action unless modified for good cause shown - Discovery due by 7/15/2022; Dispositive Motions due by 8/31/2022; Joint Status Report due by 6/17/2022. The parties shall be ready for trial in April 2023 to be scheduled by separate order. Signed by Judge Annemarie Carney Axon on 7/8/21. (SAC) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
33

JOINT NOTICE RE: FILING OF PROPOSED STIPULATION GOVERNING PRODUCTION OF ELECTRICALLY STORED INFORMATION (ESI) AND PROPOSED PROTECTIVE ORDER by United States of America, Housing Authority of Ashland Alabama, Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Development Company of Ashland LTD (Ward, Carla) Modified docket text and added filers on 7/28/2021 (MRR, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
34

Joint MOTION for Protective Order by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. (Attachments: # 1 Text of Proposed Order Stipulation and Protective Order Regarding Disclosure of Confidential Material)(Moon, Stacy) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
35

STIPULATION AND PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL MATERIAL. Signed by Judge Annemarie Carney Axon on 8/25/21. (SAC) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
36

MOTION Entry of Order Governing the Production of Documents and Electronically Stored Information by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit 1)(Frederick, Brandi) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
37

TEXT ORDER re 36 MOTION for Entry of Order Governing the Production of Documents and Electronically Stored Information filed by Housing Authority of Ashland Alabama the government's response is due on or before September 29, 2021. Signed by Judge Annemarie Carney Axon on 9/22/2021. (KEK) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
38

CROSS-MOTION RESPONSE in Opposition re 36 MOTION Entry of Order Governing the Production of Documents and Electronically Stored Information UNITED STATES CROSS-MOTION AND OPPOSITION TO DEFENDANTS MOTION FOR ENTRY OF PROPOSED ORDER FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (ESI) filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ward, Carla) Modified on 9/24/2021 (KEK). (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
39

TEXT ORDER: The court DENIES Defendants' 36 motion for entry of order governing the production of documents and electronically stored information. The court GRANTS Plaintiff United States' 38 cross-motion for entry of order governing the production of documents and electronically stored information. The court will enter a separate order governing the production of documents and electronically stored information. Signed by Judge Annemarie Carney Axon on 10/4/2021. (KEK) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
40

ORDER GOVERNING THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION - Pursuant to this court granting Plaintiff United States of America's ("United States") cross-motion for entry of an order governing discovery in this case (doc. 38, 39 ), the court enters the following order governing the production of documents and electronically stored information. Signed by Judge Annemarie Carney Axon on 10/5/2021. (KEK) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
41

NOTICE of Appearance by Nathan Shulock on behalf of United States of America (Shulock, Nathan) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
42

NOTICE of Appearance by Jeremy W Richter on behalf of Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Richter, Jeremy) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
43

Joint MOTION for Extension of Time to Extend Unexpired Deadlines by United States of America. (Ward, Carla) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
44

AMENDED SCHEDULING ORDER: The court GRANTS IN PART the parties' joint motion to extend remaining deadlines 43 . The court's initial scheduling order took into account the unique circumstances presented in this case and granted the parties a full year to complete discovery. (Doc. 32 at 2). Accordingly, the court will extend the remaining deadlines in this case by only three months. The new deadlines are set as follows: Expert Testimony from plaintiff due by 6/15/22 - from defendant due 8/16/22; Discovery due by 10/17/2022; Dispositive Motions due by 11/30/2022; Joint Status Report due by 9/16/2022. The parties shall be ready for trial in July 2023 to be scheduled by separate order. No further extensions will be granted in this action absent extraordinary circumstances. Signed by Judge Annemarie Carney Axon on 3/4/22. (SAC) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
45

MOTION for Protective Order by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Frederick, Brandi) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
46

TEXT ORDER re 45 Motion for Protective Order. The government's response is due on or before March 18, 2022. Signed by Judge Annemarie Carney Axon on 3/11/2022. (KEK) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
47

RESPONSE in Opposition re 45 MOTION for Protective Order filed by United States of America. (Attachments: # 1 Exhibit 1: Walcott-Taylor Declaration, # 2 Exhibit 2: Correspondence between counsel)(Legomsky, Kathryn) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
48

REPLY to Response to Motion re 45 MOTION for Protective Order filed by Housing Authority of Ashland Alabama. (Lewis, Richard) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
49

ORDER - AHA has failed to show good cause in support of its motion for a protective order. Accordingly, the court DENIES AHA's motion for a protective order. Signed by Judge Annemarie Carney Axon on 3/28/2022. (KEK) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
50

MOTION for Leave to File Motion to Compel by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit EXH 1, # 2 Exhibit EXH 2, # 3 Exhibit EXH 3, # 4 Exhibit EXH 4, # 5 Exhibit EXH 5)(Frederick, Brandi) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
51

TEXT ORDER: The court GRANTS Defendant Housing Authority of Ashland Alabama's 50 motion for leave to file a motion to compel. The Defendant must file its motion on or before May 31, 2022. Signed by Judge Annemarie Carney Axon on 5/26/2022. (KEK) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
52

MOTION to Compel by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Frederick, Brandi) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
53

MOTION for Extension of Time to Respond to Motion to Compel by Housing Authority of Ashland Alabama by United States of America. (Ward, Carla) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
54

TEXT ORDER: The court GRANTS 53 Plaintiff United States of America's motion for an extension of time to respond to Defendant's motion to compel. Plaintiff's response is due on or before June 7, 2022. Signed by Judge Annemarie Carney Axon on 5/31/2022. (KEK) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
55

RESPONSE in Opposition re 52 MOTION to Compel filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ward, Carla) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
56

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 6/8/22. (SAC) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
57

ORDER - On May 26, 2022, Defendant Housing Authority of Ashland Alabama filed a motion to compel discovery responses from Plaintiff United States of America. (Doc. 52 ). The court SETS the motion for a hearing at 1:30 p.m. CDT on June 16, 2022 in Courtroom 6B, Hugo L. Black United States Courthouse, 1729 5th Ave. N., Birmingham, AL 35203. In addition to other counsel for the United States who wish to attend the hearing, the court DIRECTS Attorney Kathryn E. Legomsky to be present. Signed by Judge Annemarie Carney Axon on 6/9/2022. (KEK) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER

Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 6/16/2022 re 52 MOTION to Compel filed by Housing Authority of Ashland Alabama. Discussions as stated on the record. Written order to follow. (Court Reporter Lauren Shirley.) (FNC)

June 16, 2022

June 16, 2022

PACER
58

MEMORANDUM OPINION AND ORDER re 52 - Therefore, the court GRANTS AHA's motion to compel responses to RFP 17. The United States must provide AHA with the materials requested in RFP 17 on or before July 18, 2022. Signed by Judge Annemarie Carney Axon on 6/27/2022. (KEK) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
59

MOTION to Substitute Attorney Aurora Bryant for Sara Niles by United States of America. (Bryant, Aurora) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
60

TEXT ORDER granting United States' motion 59 to substitute attorney Aurora Bryant for attorney Sara Niles as counsel for the United States. Attorney Sara Niles terminated. Signed by Judge Annemarie Carney Axon on 7/1/2022. (KEK) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER
61

Transcript of Motion Hearing held on 6/16/2022, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Lauren Shirley. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/28/2022. Redacted Transcript Deadline set for 8/7/2022. Release of Transcript Restriction set for 10/5/2022. (KEK) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
62

NOTICE of Appearance by Willistine Tarsha Harris on behalf of United States of America (Harris, Willistine) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
63

Joint MOTION for Discovery to increase number of depositions by United States of America. (Legomsky, Kathryn) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
64

TEXT ORDER denying as moot the parties' 63 joint motion to increase number of depositions. The parties do not need to seek leave of the court to take more depositions. See F.R.C.P. 29, 30(a). Signed by Judge Annemarie Carney Axon on 8/24/2022. (KAM) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
65

MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines by Housing Authority of Ashland Alabama. (Attachments: # 1 Exhibit 1 - Deposition Excerpts, # 2 Exhibit 2 - USA's Supplemental Disclosures)(Frederick, Brandi) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
66

RESPONSE to Motion re 65 MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines filed by United States of America. (Shulock, Nathan) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
67

STATUS REPORT of the Parties by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Moon, Stacy) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
68

MEDIATION ORDER - The mediation shall be completed on or before November 14, 2022. Within seven days following mediation, the parties shall file a report with court as set out within. Signed by Judge Annemarie Carney Axon on 9/16/22. (SAC) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
69

Joint MOTION To Take Depositions After the Discovery Cutoff by Housing Authority of Ashland Alabama. (Frederick, Brandi) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
70

ORDER the court made it very clear that it would not extend any deadlines in this case in the absence of extraordinary circumstances; the court will allow the parties the opportunity to supplement their responses to the Court at a Hearing set for 10/7/2022 10:00 AM before Judge Annemarie Carney Axon by providing the in formation set out within this order; the parties shall provide a copy of Mr. Odoms complete deposition to the court by email not later than 3:00 P.M. today. Signed by Judge Annemarie Carney Axon on 10/6/2022. (KAM) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
71

STATUS REPORT and AFFIDAVIT by United States of America. filed by United States of America (Attachments: # 1 Exhibit A: Aug. 12 email, # 2 Exhibit B: Aug. 23 email, # 3 Exhibit C: Sept. 1 email & letter, # 4 Exhibit D: Sept. 19 email & notice, # 5 Exhibit E: Shulock affidavit & attachments)(Legomsky, Kathryn). (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
72

AMENDED AFFIDAVIT of Nathan Shulock re 71 Status Report, by United States of America. filed by United States of America (Legomsky, Kathryn) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER

Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 10/7/2022 re 65 MOTION for Leave to File Motion for Extension of Expert and Dispositive Motion Deadlines and 69 Joint MOTION To Take Depositions After the Discovery Cutoff. Present: Carla Ward, Nathan Shulock, Stacy Moon, Richard Lewis, and (via Zoom) Brandi Frederick. (Court Reporter Lauren Shirley) (SAC)

Oct. 7, 2022

Oct. 7, 2022

PACER
73

TEXT ORDER: As discussed in the hearing conducted on October 7, 2022, the court extends the discovery deadline through October 21, 2022. The court grants permission for the deposition of the one expert witness discussed at the end of hearing to be taken through October 26, 2022, if necessary. The court DENIES as MOOT Defendant Housing Authority of Ashland, Alabama's 65 motion for leave to file a motion for extension of defendants' expert disclosure deadline and dispositive motion deadline and the parties' 69 joint motion to take depositions after the discovery cutoff. Signed by Judge Annemarie Carney Axon on 10/11/2022. (KSS) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
74

Transcript of Proceedings - Motion Hearing held on 10/7/2022, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Lauren Shirley. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (KAM) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
75

MOTION for Protective Order by AltaPointe Health Systems, Inc.. (Attachments: # 1 Exhibit A - Subpoena)(Proctor, John) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
76

Unopposed MOTION to clarify regarding presence of US Assistant Attorney General at mediation by United States of America. (Legomsky, Kathryn) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
77

TEXT ORDER Granting the United States' 76 Unopposed Motion Regarding the Presence of a United States Assistant Attorney General at Mediation. The United States is released from any obligation to bring a Department of Justice official with final settlement authority to mediation. Signed by Judge Annemarie Carney Axon on 10/24/2022. (KSS) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
78

STATUS REPORT Following Mediation and Motion to Extend (or Stay) Deadlines by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD. filed by Southern Development Company LLC, Southern Development Company of Ashland #2 LTD, Southern Development Company of Ashland LTD (Moon, Stacy) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

RECAP

MOTION to Extend or Stay Deadlines filed within Joint Status Report doc. 78 . (KSS) Modified on 11/15/2022 (KSS, ).

Nov. 15, 2022

Nov. 15, 2022

PACER
79

TEXT ORDER Granting the parties' 78 joint motion to extend the dispositive motion deadline. Dispositive motions shall be filed on or before December 14, 2022. Signed by Judge Annemarie Carney Axon on 11/15/2022. (KSS) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
80

Joint MOTION to Approve Consent Judgment for Entry of Consent Decree by United States of America. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H)(Legomsky, Kathryn) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
81

CONSENT DECREE w/appendix attached. Signed by Judge Annemarie Carney Axon on 12/13/2022. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H)(KSS) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Dec. 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is the 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 Ashland, Alabama (Ashland, Clay), None

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Recordkeeping

Monitoring

Training

Amount Defendant Pays: 285,000

Order Duration: 2022 - 2024

Issues

General/Misc.:

Housing

Housing assistance

Racial segregation

Wait lists

Discrimination Basis:

Race discrimination

Discrimination Area:

Housing Sales/Rental

Affected Race(s):

Black