Case: Massachusetts Fair Housing Center v. Department of Housing and Urban Development

President Donald Trump

COMPLAINT against Department of Housing and Urban Development, Amy Gleason, Scott Turner, U.S. DOGE Service, U.S. DOGE Service Temporary Organization Filing fee: $ 405, receipt number AMADC-10890671 (Fee Status: Filing Fee paid), filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Civil Cover Sheet

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2 Category Form

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Emergency MOTION to Certify Class by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Text of Proposed Order)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Text of Proposed Order

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MEMORANDUM in Support re 2 Emergency MOTION to Certify Class filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Declaration of L. Rice, # 2 Exhibit 2, Declaration of M. St. Cyr, # 3 Exhibit 3, Declaration of Z. Olson, # 4 Exhibit 4, Declaration of S. Tamez, # 5 Exhibit 5, Declaration of C. Pleasants, # 6 Exhibit 6, Declaration of R. Colfax)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Exhibit 1, Declaration of L. Rice

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2 Exhibit 2, Declaration of M. St. Cyr

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3 Exhibit 3, Declaration of Z. Olson

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4 Exhibit 4, Declaration of S. Tamez

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5 Exhibit 5, Declaration of C. Pleasants

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6 Exhibit 6, Declaration of R. Colfax

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Emergency MOTION for Temporary Restraining Order by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Text of Proposed Order)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Text of Proposed Order

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MEMORANDUM in Support re 4 Emergency MOTION for Temporary Restraining Order filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Executive Order 14158, # 2 Exhibit 2, Declaration of M. St. Cyr, # 3 Exhibit 3, Declaration of Z. Olson, # 4 Exhibit 4, Declaration of S. Tamez, # 5 Exhibit 5, Declaration of C. Pleasants, # 6 Exhibit 6, Declaration of L. Rice)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Exhibit 1, Executive Order 14158

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2 Exhibit 2, Declaration of M. St. Cyr

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3 Exhibit 3, Declaration of Z. Olson

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4 Exhibit 4, Declaration of S. Tamez

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5 Exhibit 5, Declaration of C. Pleasants

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6 Exhibit 6, Declaration of L. Rice

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MOTION for Leave to Appear Pro Hac Vice for admission of Lila Miller Filing fee: $ 125, receipt number AMADC-10890885 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of L. Miller in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Rebecca Livengood Filing fee: $ 125, receipt number AMADC-10890940 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Livengood in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Reed Colfax Filing fee: $ 125, receipt number AMADC-10890964 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Colfax in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Robert Hunter Filing fee: $ 125, receipt number AMADC-10890987 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Hunter in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Yiyang Wu Filing fee: $ 125, receipt number AMADC-10891003 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Y. Wu in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Zoila Hinson Filing fee: $ 125, receipt number AMADC-10891014 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Z. Hinson in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. (Farrell, Robert) (Entered: 03/15/2025)

Notice of Case Assignment

Order

Judge Richard G. Stearns: ELECTRONIC ORDER entered. By close of business on Monday March 17, 2025, plaintiffs shall serve copies of 2 Emergency Motion to Certify Class, 4 Emergency Motion for Temporary Restraining Order, 1 Complaint, and this Order on defendants. Defendants will have until close of business on Friday, March 21, 2025 to file any opposition. The court will schedule a hearing for the following week. (RGS, law3) (Entered: 03/15/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 03/18/2025)

Notice Setting or Resetting Hearing on Motion

ELECTRONIC NOTICE Resetting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 02:30 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (***TIME CHANGE ONLY***) (TRM) (Entered: 03/18/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Lila Miller, granting 7 Motion for Leave to Appear Pro Hac Vice Added Rebecca Livengood, granting 8 Motion for Leave to Appear Pro Hac Vice Added Reed Colfax, granting 9 Motion for Leave to Appear Pro Hac Vice Added Robert Hunter, granting 10 Motion for Leave to Appear Pro Hac Vice Added Yiyang Wu and granting 11 Motion for Leave to Appear Pro Hac Vice Added Zoila Hinson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 03/21/2025)

Notice of Case Assignment

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (JAM) (Entered: 03/21/2025)

Summons Issued as to Department of Housing and Urban Development, Amy Gleason, Scott Turner, U.S. DOGE Service, U.S. DOGE Service Temporary Organization. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (JAM) (Entered: 03/21/2025)

NOTICE of Appearance by Julian N. Canzoneri on behalf of U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service (Canzoneri, Julian) (Entered: 03/21/2025)

NOTICE of Appearance by Lila Miller on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Miller, Lila) (Entered: 03/21/2025)

Opposition re 4 Emergency MOTION for Temporary Restraining Order, 2 Emergency MOTION to Certify Class filed by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service. (Attachments: # 1 Exhibit 1)(Canzoneri, Julian) (Entered: 03/21/2025)

1 Exhibit 1

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Assented to MOTION for Leave to File Reply in Support of Plaintffs' Emergency Motions for Provisional Class Certification and for a Temporary Restraining Order by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Reply in Support of Plaintiffs' Emergency Motion for a Temporary Restraining Order, # 2 Exhibit 1, Supplemental Declaration of M. St. Cyr, # 3 Exhibit 2, Supplemental Declaration of S. Tamez, # 4 Exhibit 3, Amended Proposed Temporary Restraining Order)(Miller, Lila) (Entered: 03/24/2025)

1 Reply in Support of Plaintiffs' Emergency Motion for a Temporary Restraini

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2 Exhibit 1, Supplemental Declaration of M. St. Cyr

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3 Exhibit 2, Supplemental Declaration of S. Tamez

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4 Exhibit 3, Amended Proposed Temporary Restraining Order

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Order on Motion for Leave to File Document

Notice Setting or Resetting Hearing on Motion

NOTICE of Appearance by Rebecca Livengood on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Livengood, Rebecca) (Entered: 03/24/2025)

NOTICE of Appearance by Reed Colfax on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Colfax, Reed) (Entered: 03/24/2025)

NOTICE of Appearance by Robert William Hunter on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Hunter, Robert) (Entered: 03/24/2025)

NOTICE of Appearance by Yiyang Wu on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Wu, Yiyang) (Entered: 03/24/2025)

NOTICE of Appearance by Zoila E. Hinson on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Hinson, Zoila) (Entered: 03/24/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 22 Motion for Leave to File Reply in Support of Plaintffs' Emergency Motions for Provisional Class Certification and for a Temporary Restraining Order. (JAM) (Entered: 03/24/2025)

REPLY in Support of 4 Emergency MOTION for Temporary Restraining Order filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (JAM) (Entered: 03/24/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 02:30 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 03/24/2025)

Judge Richard G. Stearns: ORDER entered granting 4 Motion for TRO. (RGS, law3)

Assented to MOTION for Extension of Time by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service.(Canzoneri, Julian) (Entered: 03/28/2025)

Order on Motion for Extension of Time

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion for Extension of Time. (RGS, law3) (Entered: 03/28/2025)

STATUS REPORT by Department of Housing and Urban Development, Scott Turner. (Canzoneri, Julian) (Entered: 03/28/2025)

Recommendations for Scheduling Order from All Parties. (Miller, Lila) (Entered: 03/31/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 35 Recommendations for Scheduling Order. The court will adopt defendants' proposed briefing schedule and extend the TRO through May 16, 2025. (RGS, law3) (Entered: 04/01/2025)

Order

MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service.(Canzoneri, Julian) (Entered: 04/07/2025)

MEMORANDUM in Support re 37 MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO filed by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service. (Canzoneri, Julian) (Entered: 04/07/2025)

Recommendations for Scheduling Order . (Miller, Lila) (Entered: 04/08/2025)

Order

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 39 Recommendations for Scheduling Order. The court will allow plaintiffs until no later than 12:00 PM EST on Friday, April 11, 2025 to oppose 37 Motion to Dissolve.(RGS, law3) (Entered: 04/08/2025)

Opposition re 37 MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Declaration of Maureen St. Cyr)(Miller, Lila) (Entered: 04/11/2025)

1 Exhibit 1, Declaration of Maureen St. Cyr

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion.Defendants move to dissolve this court's 31 Temporary Restraining Order based on the Supreme Court's recent stay of a similar order in Department of Education v. California, 604 U.S. -- (2025) (per curiam). Plaintiffs oppose the motion on two grounds: (1) that plaintiffs "face exactly the type of irreversible injury that the" Supreme Court found lacking in the California Order, namely, a threat to their continued viability; and (2) that plaintiffs' "claims in this case derive exclusively from federal statute," in contrast to the claims in California, which purportedly derived "directly from the terms of the grant agreements at issue." Opp'n [Dkt # 41] at 1. For the following reasons, the court will allow the motion.The court begins, and ends, its analysis with plaintiffs' second argument (because, if the court likely lacks jurisdiction, there is no longer any likelihood of success on the merits -- at least, not for the purposes of this specific action in this specific forum -- which moots any inquiry into irreparable harm). Plaintiffs correctly note that, unlike the operative complaint here, the Complaint in California references "the terms of the grant agreements at issue." Id. What plaintiffs ignore, however, is that these references occur only in the context of buttressing the larger APA-based argument that the Department of Education did not terminate the grants in accordance with any statutory or regulatory authorization (the Department of Education simply cited to 2 C.F.R. § 200.340(a)(4) as authorizing the termination of the grants); the Complaint itself does not assert any independent claim based on the language of the grant agreement. The Supreme Court nonetheless found that the government was likely to succeed in showing that the plaintiffs in California sought to enforce a contractual obligation to pay money. Because plaintiffs assert essentially the same claim here -- that the agency did not terminate the grant in accordance with statutory or regulatory authority -- it follows that plaintiffs are likewise likely seeking to enforce a contractual obligation to pay money. This decision should not be read as an endorsement of the brusque and seemingly insensitive way in which the terminations were announced nor as casting doubt on the First Circuit's assessment that the plaintiffs in the California case may well likely succeed on the merits of at least some of their claims. The court is merely deferring (as it must) to the Supreme Court's unmistakable directive that, for jurisdictional purposes, the proper forum for this case is the Court of Federal Claims. (RGS, law3) (Entered: 04/14/2025)

Order on Motion for Miscellaneous Relief

SUMMONS Returned Executed Department of Housing and Urban Development served on 3/31/2025, answer due 4/21/2025. (Miller, Lila) (Entered: 04/15/2025)

Order on Motion to Stay

SUMMONS Returned Executed Scott Turner served on 3/31/2025, answer due 4/21/2025. (Miller, Lila) (Entered: 04/15/2025)

AFFIDAVIT OF SERVICE Executed by San Antonio Fair Housing Council, Inc., Intermountain Fair Housing Council, Massachusetts Fair Housing Center, Housing Research and Advocacy Center. Amy Gleason served on 4/10/2025, answer due 5/1/2025; U.S. DOGE Service served on 4/10/2025, answer due 5/1/2025; U.S. DOGE Service Temporary Organization served on 4/10/2025, answer due 5/1/2025. Acknowledgement filed by San Antonio Fair Housing Council, Inc.; Intermountain Fair Housing Council; Massachusetts Fair Housing Center; Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Certified Mail Service on Defendants, # 2 Exhibit A)(Miller, Lila) (Entered: 04/15/2025)

Assented to MOTION to Stay by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center.(Miller, Lila) (Entered: 04/15/2025)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 46 Motion to Stay. (JAM) (Entered: 04/15/2025)

NOTICE OF APPEAL as to 42 Order on Motion for Miscellaneous Relief,,,,,,,,,,, by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. Filing fee: $ 605, receipt number AMADC-10954968 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/6/2025. (Miller, Lila) (Entered: 04/16/2025)

USCA Case Number

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 48 Notice of Appeal. (MAP) (Entered: 04/16/2025)

USCA Case Number 25-1368 for 48 Notice of Appeal, filed by Housing Research and Advocacy Center, Intermountain Fair Housing Council, Massachusetts Fair Housing Center, San Antonio Fair Housing Council, Inc.. (MAP) (Entered: 04/16/2025)