Case: National Fair Housing Alliance v. Department of Housing and Urban Development

COMPLAINT against DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SCOTT TURNER ( Filing fee $ 405 receipt number ADCDC-11774162) filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Miller, Lila) (Entered: 06/24/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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NOTICE of Appearance by Reed Colfax on behalf of NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL (Colfax, Reed) (Entered: 06/24/2025)

MOTION to Expedite Production of the Administrative Record, Limited Discovery, and Summary Judgment by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Exhibit Proposed Requests for Production of Documents, # 2 Exhibit Proposed Interrogatory, # 3 Exhibit Proposed Deposition Notice, # 4 Text of Proposed Order)(Miller, Lila) (Entered: 06/24/2025)

1 Exhibit Proposed Requests for Production of Documents

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2 Exhibit Proposed Interrogatory

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3 Exhibit Proposed Deposition Notice

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4 Text of Proposed Order

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SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/25/2025)

Case Assigned/Reassigned

Case Assigned to Judge Sparkle L. Sooknanan. (zmtm)

NOTICE of Appearance by Heidy L Gonzalez on behalf of All Defendants (Gonzalez, Heidy) (Entered: 06/26/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. After review of the Plaintiff's 1 Complaint and 3 Emergency Motion to Expedite Production of the Administrative Record, Limited Discovery, and Summary Judgment, the Court ORDERS the Parties to meet, confer, and file a Joint Status Report addressing the following issues by 12:00 PM on Friday, June 27, 2025: (1) a proposed schedule for discovery and summary judgment briefing, and (2) two proposed dates and times for a hearing on any summary judgment motion. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Sparkle L. Sooknanan on 6/26/2025. (lcrk)

Joint STATUS REPORT by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 06/27/2025)

.Order AND ~Util - Set/Reset Deadlines

Order on Motion to Expedite

MINUTE ORDER denying the Plaintiffs' 3 Emergency Motion to Expedite. When considering motions to expedite discovery, courts in this District generally consider the "reasonableness of the request in light of all surrounding circumstances." Am. Fedn of Lab. & Cong. of Indus. Orgs. v. Dept of Lab., No. 25-cv-339, 2025 WL 1142495, at *2 (D.D.C. Feb. 27, 2025) (cleaned up). These circumstances include: "(1) whether a preliminary injunction is pending; (2) the breadth of the discovery requests; (3) the purpose for requesting the expedited discovery; (4) the burden on the defendants to comply with the requests; and (5) how far in advance of the typical discovery process the request was made." Id. The second, third, and fourth factors all weigh in favor of the Plaintiffs. But because the first and fifth factors weigh strongly in favor of the Defendants, the Court exercises its "discretion" to deny the 3 motion. Id.The first factor favors the Defendants because the Plaintiffs have not sought preliminary injunctive relief. See, e.g., In re Fannie Mae Derivative Litig., 227 F.R.D. 142, 142-43 (D.D.C. 2005) (finding request for expedited discovery unreasonable where the plaintiff moved "for expedited discovery to enable him to make a record upon which to base a motion for preliminary injunction"). The Plaintiffs argue that their request for expedited summary judgment briefing counts as the "functional equivalent of a preliminary injunction motion." ECF No. 3 at 6 (citing "Morton v. District of Columbia, 38 F. Supp. 57, 62 (D.D.C. 2014)"). The Court assumes the Plaintiffs intended to cite Morris v. District of Columbia, 38 F. Supp. 3d 57 (D.D.C. 2014), to support this proposition. But Morris merely states that courts treat a preliminary injunction motion as a summary judgment motion when the preliminary injunction motion "disposes of the entire complaint." Id. at 63. It does not support expedited discovery in the absence of a preliminary injunction motion. The Plaintiffs also argue that "[c]ourts have weighed the first factor in plaintiffs' favor as long as the motion was forthcoming and the purpose of expedited discovery was to facilitate resolution of the coming motion." ECF No. 3 at 6 (citing Legal Tech. Grp., Inc. v. Mukerji, No. 17-cv-631, 2017 WL 7279398, at *3 (D.D.C. June 5, 2017); Am. Fedn of Lab. & Cong. of Indus. Orgs., 2025 WL 1142495). But the Plaintiffs have not indicated that a preliminary injunction motion is forthcoming. And in one of the cases it cites, the plaintiffs had already filed a TRO motion. See Am. Fedn of Lab. & Cong. of Indus. Orgs., 2025 WL 1142495, at *3 ("[P]laintiffs' two TRO motions have revealed the factual and legal issues critical to the impending preliminary injunction motion."). So this argument is not on point either.The fifth factor also favors the Defendants because the Plaintiffs seek discovery so far in advance of the typical discovery process that the Defendants have not yet filed their anticipated motion to dismiss. See Guttenberg v. Emery, 26 F. Supp. 3d 88, 99 (D.D.C. 2014) (saying request for expedited discovery came "well in advance of typical discovery" where it was filed while a motion to dismiss was pending (cleaned up)); Landwehr v. FDIC, 282 F.R.D. 1, 4 (D.D.C. 2010) (same); see also ECF No. 6 at 2 ("Defendants intend to file a motion to dismiss[.]"). The Plaintiffs cite two cases to counter this conclusion. See ECF No. 3 at 8 (citing All. for Retired Ams. v. Bessent, No. 25-cv-313, 2025 WL 1114350, at *3-4 (D.D.C. Mar. 20, 2025); New Mexico v. Musk, 770 F. Supp. 3d 192, 196-97, 203 (D.D.C. 2025)). But the first case held that this factor was "ambivalent" despite the fact that the expedited discovery motion preceded any motion to dismiss only because the court had already "resolved threshold arguments about its subject-matter jurisdiction that arose during the [c]ourt's consideration of Plaintiffs' Motion for Preliminary Injunction." All. for Retired Ams., 2025 WL 1114350, at *4. And in the second case, "[t]he parties concede[d] that the fifth factor--whether discovery occurs in advance of the typical process--support[ed] Defendants." New Mexico, 770 F. Supp. 3d at 203.The Plaintiffs are free to seek emergency relief from the Court at any time. Signed by Judge Sparkle L. Sooknanan on 6/28/2025. (lcas)

MINUTE ORDER: In light of the 6 Joint Status Report, the Court orders the Defendants to file their motion to dismiss by July 4, 2025. The Plaintiffs shall file their response by July 11, 2025, and the Defendants shall file any reply by July 18, 2025. Signed by Judge Sparkle L. Sooknanan on 6/28/2025. (lcas)

Order

MOTION to Dismiss by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/04/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Relief from Local Rule 7(n) re 7 MOTION to Dismiss by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/04/2025)

RESPONSE re 9 Emergency MOTION for Briefing Schedule filed by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/07/2025)

1 Text of Proposed Order

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Emergency MOTION for Temporary Restraining Order by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Text of Proposed Order)(Miller, Lila) (Entered: 07/07/2025)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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10 Exhibit

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11 Text of Proposed Order

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Emergency MOTION for Briefing Schedule by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for a Briefing Schedule)(Miller, Lila) (Entered: 07/07/2025)

1 Text of Proposed Order Granting Plaintiffs' Motion for a Briefing Schedule

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MINUTE ORDER granting in part the Plaintiffs' 9 Emergency Motion for Briefing Schedule. Having considered the Defendants' 10 Response to the Plaintiffs' 9 Emergency Motion for Briefing Schedule, the Court ORDERS the Defendants to file their response to the 11 Motion for Temporary Restraining Order by July 16, 2025, and the Plaintiffs to file their reply by July 21, 2025. The Court further directs the Parties to appear for oral argument on July 24, 2025, at 10:00 AM in Courtroom 14 before Judge Sparkle L. Sooknanan. The Court's briefing schedule for the Defendants' 7 Motion to Dismiss remains unchanged. See Minute Order (June 28, 2025). Signed by Judge Sparkle L. Sooknanan on 7/8/2025. (lcas)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines AND Set/Reset Hearings

Memorandum in opposition to re 7 MOTION to Dismiss filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Text of Proposed Order Denying Defendants' Motion to Dismiss)(Miller, Lila) (Entered: 07/11/2025)

1 Text of Proposed Order Denying Defendants' Motion to Dismiss

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Memorandum in opposition to re 8 MOTION for Relief from Local Rule 7(n) re 7 MOTION to Dismiss filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Text of Proposed Order Denying Defendants' Motion for Relief from Local Rule 7(n))(Miller, Lila) (Entered: 07/11/2025)

1 Text of Proposed Order Denying Defendants' Motion for Relief from Local Rul

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NOTICE of Appearance by Robert William Hunter on behalf of NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL (Hunter, Robert) (Entered: 07/11/2025)

RESPONSE re 11 Emergency MOTION for Temporary Restraining Order filed by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Affidavit of Kevin R. Cooke, Jr., # 2 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/16/2025)

1 Affidavit of Kevin R. Cooke, Jr.

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2 Text of Proposed Order

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REPLY to opposition to motion re 7 Motion to Dismiss filed by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 07/18/2025)

REPLY to opposition to motion re 8 Motion for Miscellaneous Relief Motion for Relief from Rule 7(n) filed by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 07/18/2025)

REPLY to opposition to motion re 11 Motion for TRO, filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Exhibit A, Second Declaration of Erin Kemple)(Miller, Lila) (Entered: 07/21/2025)

ENTERED IN ERROR..... MOTION for Leave to File Amicus Brief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Amicus Brief)(Hill, Brook) Modified on 7/22/2025; entered in error at the request of counsel (zdp). (Entered: 07/21/2025)

MOTION for Leave to File Amicus Brief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, FRED FREIBERG. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit [Proposed] Amicus Brief)(Hill, Brook) Modified on 7/22/2025 to add party/ correct docket text(zjm). (Entered: 07/21/2025)

Minute Entry for Motion Hearing held before Judge Sparkle L. Sooknanan on 7/24/2025. Oral arguments submitted on Plaintiffs' Motion 11 for Temporary Restraining Order. Motion taken under advisement; forthcoming Order. The Defendant is directed to file a Status Report by 12:00 pm on Friday, July 25, 2025. (lsj)

Motion Hearing AND ~Util - Set/Reset Deadlines

MINUTE ORDER granting the 20 Motion for Leave to File Amicus Brief. The Court will treat the motion's attachment, ECF No. 20-2, as the amicus brief. Signed by Judge Sparkle L. Sooknanan on 7/24/2025. (lcas)

Order on Motion for Leave to File Amicus Brief

TRANSCRIPT OF MOTION HEARING before Judge Sparkle L. Sooknanan held on July 24, 2025; Page Numbers: 1-84. Date of Issuance: July 25, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/15/2025. Redacted Transcript Deadline set for 8/25/2025. Release of Transcript Restriction set for 10/23/2025.(Reeves, Sonja) (Entered: 07/25/2025)

STATUS REPORT Pursuant to the Court's July 24, 2025 Minute Order by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 07/25/2025)

RESPONSE re 22 Status Report filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 07/25/2025)

MEMORANDUM OPINION re the Plaintiffs' 11 Motion for Temporary Restraining Order. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 7/28/2025. (lcas)

ORDER granting in part the Plaintiffs' 11 Motion for Temporary Restraining Order. See the 24 Memorandum Opinion for details. Signed by Judge Sparkle L. Sooknanan on 7/28/2025. (lcas) (Entered: 07/28/2025)

Joint STATUS REPORT Pursuant to the July 28, 2025 Memorandum Opinion and Order, ECF No. 25, by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 07/29/2025)

STATUS REPORT by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 07/30/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/01/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/04/2025)

RESPONSE re 29 Status Report filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 08/06/2025)

MOTION for Leave to Appear by Telephone or Video for August 11, 2025 Status Conference by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/07/2025)

MINUTE ORDER: In light of the Defendants' 29 Status Report and the Plaintiffs' 30 Response, the Court directs the Parties to appear for a status conference on August 11, 2025, at 2:00 PM in Courtroom 14 before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 8/7/25. (lcdl)

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER granting the Defendants' 31 Motion to Appear via Videoconference. The Defendants' counsel may appear at the hearing set for Monday, August 11, 2025, via Zoom. Signed by Judge Sparkle L. Sooknanan on 8/8/2025. (lcdl)

.Order

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/11/2025)

ORDER: In light of the Parties' 26 Joint Status Report and the hearing held on August 11, 2025, the Court grants in part preliminary injunctive relief to the Plaintiffs. See the attached document for details. Signed by Judge Sparkle L. Sooknanan on 8/11/2025. (lcas) (Entered: 08/11/2025)

Status Conference

Minute Entry for hybrid Status Conference held before Judge Sparkle L. Sooknanan on 8/11/2025. Forthcoming Order. (Court Reporter: Elizabeth Davila) (lsj)

NOTICE Following August 11, 2025 Status Conference by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Gonzalez, Heidy) (Entered: 08/12/2025)

TRANSCRIPT OF PROCEEDINGS before Judge Sparkle L. Sooknanan, held on 8-11-2025; Page Numbers: 1 - 48. Date of Issuance: 8-13-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/3/2025. Redacted Transcript Deadline set for 9/13/2025. Release of Transcript Restriction set for 11/11/2025.(Davila, Elizabeth) (Entered: 08/13/2025)

MINUTE ORDER: In light of the Defendants' 34 Notice, the Court directs the Parties to appear for a status conference on August 25, 2025, at 2:00 PM in Courtroom 14 before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 8/13/2025. (lcdl)

.Order AND ~Util - Set/Reset Hearings

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2025. (Miller, Lila) (Entered: 08/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 7/2/2025 (Miller, Lila) (Entered: 08/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT TURNER served on 7/2/2025 (Miller, Lila) (Entered: 08/20/2025)

NOTICE by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Gonzalez, Heidy) (Entered: 08/22/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 08/25/2025)

Status Conference AND ~Util - Set/Reset Deadlines

Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: Status Conference held on 8/25/2025. The parties discuss the status of HUD applications. Joint Status Report due by 9/2/2025. (Court Reporter Liz Davilla) (znbn)

NOTICE of Appearance by Alexandra Lee Yeatts on behalf of All Defendants (Yeatts, Alexandra) (Entered: 08/26/2025)

Joint STATUS REPORT by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 09/02/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Yeatts, Alexandra) (Entered: 09/08/2025)

NOTICE OF WITHDRAWAL OF APPEARANCE as to SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Attorney Alexandra Lee Yeatts terminated. (Yeatts, Alexandra) (Entered: 09/09/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 09/15/2025)

STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 09/22/2025)

MOTION for Hearing re 47 Status Report by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 09/24/2025)

NOTICE by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT re 48 Motion for Hearing (Gonzalez, Heidy) (Entered: 09/24/2025)

RESPONSE re 47 Status Report filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (See Docket Entry 48 to view document) (zjm) (Entered: 09/26/2025)

Order on Motion for Hearing AND Set/Reset Deadlines

MINUTE ORDER denying the Plaintiffs' 48 Motion for Hearing. The Court ORDERS the Parties to meet and confer and file a Joint Status Report by September 25, 2025, at 2:00 PM, addressing whether a hearing is necessary to address the concerns raised by the Plaintiffs. If after meeting and conferring with the Defendants, the Plaintiffs' concerns remain, the Plaintiffs may file another motion for a status conference. Signed by Judge Sparkle L. Sooknanan on 9/24/2025. (lcdl)

Joint STATUS REPORT and Request for Status Conference by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 09/25/2025)

MOTION for Hearing by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (See Docket Entry 50 to view document) (zjm) Modified on 9/26/2025 (zjm). (Entered: 09/26/2025)

.Order AND ~Util - Set/Reset Deadlines/Hearings

MINUTE ORDER: In light of the Parties' 50 Joint Status Report, the Court directs the Parties to appear for a status conference on September 29, 2025, at 11:30 AM, via Zoom before Judge Sparkle L. Sooknanan. Signed by Judge Sparkle L. Sooknanan on 9/25/2025. (lcdl)

Hearing

Response to (non-motion) Document

MOTION Suspend Lapse Date for Fourteen Days by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Attachments: # 1 Text of Proposed Order)(Miller, Lila) (Entered: 09/29/2025)

1 Text of Proposed Order

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STATUS REPORT by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 09/29/2025)

Status Conference AND ~Util - Set/Reset Deadlines

Status Conference

Minute Entry for proceedings held before Judge Sparkle L. Sooknanan: VTC Status Conference held on 9/29/2025. Plaintiffs' Submission due by 5:00PM on 9/29/2025. Defendants' Response due by 12:00PM on 9/30/2025. (Court Reporter: Lorraine Herman) (zkh)

Status Report Order

MINUTE ORDER: The Court ORDERS the Defendants to file a notice informing the Court once the Department of Housing and Urban Development has executed the obligation letters for the FY24 FHIP funds. Signed by Judge Sparkle L. Sooknanan on 9/29/2025. (lcdl)

NOTICE of FY24 FHIP Obligation Completion by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Gonzalez, Heidy) (Entered: 09/30/2025)

RESPONSE re 53 MOTION Suspend Lapse Date for Fourteen Days filed by SCOTT TURNER, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Gonzalez, Heidy) (Entered: 09/30/2025)

REPLY to opposition to motion re 53 Motion for Miscellaneous Relief filed by NATIONAL FAIR HOUSING ALLIANCE, TENNESSEE FAIR HOUSING COUNCIL. (Miller, Lila) (Entered: 09/30/2025)

Order on Motion for Miscellaneous Relief

MINUTE ORDER: On September 29, 2025, the Plaintiffs filed a 53 Motion to Suspend Lapse Date for Fourteen Days. The Plaintiffs ask the Court to "order that the September 30th lapse date for the Fiscal Year 2024 appropriation for the Fair Housing Initiatives Program ('FHIP') be suspended for fourteen days." ECF No. 53, at 1. The Plaintiffs suggest that this relief is necessary to preserve their ability to assert challenges to award determinations. Id. at 3-4. To begin, it is unclear whether the Plaintiffs' Motion constitutes a motion to modify the Court's 33 Order granting a preliminary injunction, or whether the Motion itself seeks a new temporary restraining order or preliminary injunction. See Fed. R. Civ. P. 65. Either way, the Plaintiffs do not meet their burden to show they are entitled to relief. See, e.g., Open Top Sightseeing USA v. Mr. Sightseeing, LLC, 48 F. Supp. 3d 87, 90 (D.D.C. 2014) (plaintiffs have the burden to establish entitlement to preliminary injunctive relief); Nguyen v. DHS, 460 F. Supp. 3d 27, 33 (D.D.C. 2020) (same for temporary restraining orders). The Plaintiffs' claims in this case were based on the Defendants' alleged refusal to issue Private Enforcement Initiative ("PEI") grants and to award new FHIP grants. See Compl. ¶¶ 117-46, ECF No. 1. They sought an order requiring the Defendants "[e]nsure all outstanding FY2024 FHIP funds are obligated before September 30," implement ongoing PEI awards, and "[i]ssue awards and finalize contracts for the FY2024 NOFOs." Compl. at 34. After issuing an 25 Order granting a temporary restraining order, the Court issued an 33 Order granting a preliminary injunction. The preliminary injunction ordered the Defendants "to comply with their statutory obligations to make funds available under the Fair Housing Initiatives Program . . . before the appropriations lapse on September 30, 2025." ECF No. 33, at 1. Today, September 30, 2025, the Defendants filed a 55 Notice stating that "all FY24 FHIP funds have been obligated." The Plaintiffs have not disputed that representation. At this point, it appears the Plaintiffs have received the relief they requested in their Complaint. And it appears that the Defendants have complied with the Court's preliminary injunction. Before yesterday, the Plaintiffs never indicated that they were asking the Court to suspend the lapse date for the Fiscal Year 2024 FHIP funds to facilitate potential challenges to award determinations. Nor do the Plaintiffs articulate any alleged violation of law by the Defendants that could justify the Court exercising its "equitable authority" to suspend the lapse date. See ECF No. 53, at 3. Even assuming that this Court can "order that funds be held available beyond their statutory lapse date if equity so requires," Nat'l Ass'n of Reg'l Councils v. Costle, 564 F.2d 583, 588 (D.C. Cir. 1977), the Plaintiffs have not established that equity requires that relief here. The most that the Plaintiffs have to say is that this relief is "appropriate" because "HUD shifted back its timeline for awards without notice." ECF No. 53, at 5. The Parties appear to agree, however, that any Plaintiffs whose applications might have been denied because of scoring errors can receive money from sources other than the Fiscal Year 2024 funds. ECF No. 53, at 2; ECF No. 56, at 5. So, the Plaintiff's concerns now seem to be focused on potential "challenges to award determinations that do not relate to scoring or eligibility." ECF No. 57, at 1-2. But the Plaintiffs admit that they are not aware of a basis for any such challenge, nor do they explain what such a challenge would look like. See id. at 1. At bottom, although the Court understands that the Plaintiffs would prefer to have the opportunity to challenge award determinations before passage of the lapse date, that was not the basis of their claims in this case, and they do not identify anything that gives them the right to do so. Accordingly, the Court denies the Plaintiffs' 53 Motion. Signed by Judge Sparkle L. Sooknanan on 9/30/2025. (lcdl)

Status Report Order