Case: Vargas v. Town of Smithtown

2:07-cv-05202 | U.S. District Court for the Eastern District of New York

Filed Date: Dec. 13, 2007

Closed Date: Aug. 28, 2019

Clearinghouse coding complete

Case Summary

On December 13, 2007, low-income minority individuals in need of affordable housing filed a lawsuit under the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964 against the Town of Smithtown in the United States District Court, Eastern District of New York. The plaintiffs, represented by both private counsel and public interest attorneys, asked the court for injunctive and monetary relief, claiming that Smithtown oper…

On December 13, 2007, low-income minority individuals in need of affordable housing filed a lawsuit under the Fair Housing Act, the Civil Rights Act of 1866, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964 against the Town of Smithtown in the United States District Court, Eastern District of New York. The plaintiffs, represented by both private counsel and public interest attorneys, asked the court for injunctive and monetary relief, claiming that Smithtown operated its voucher program with a residency preference that discriminated on the basis of race, color, and national origin. Specifically, the plaintiffs claimed that they and others similarly situated were intentionally excluded from participation in the Town's voucher program.

The plaintiffs moved for class certification and also sought for the parties' proposed settlement agreement to be approved on May 6, 2009.

On August 28, 2009, the court (Joanna Seybert) entered an order and final judgment approving the parties' settlement agreement. The final certified class consisted of "all African-American and Hispanic individuals who do not live or work in Smithtown, New York and who applied to the Smithtown Section 8 Voucher Program in 2002 or 2006 when the waitlist was opened and who subsequently were or would have been determined not eligible for the Section 8 Voucher Program because they did not live or work in Smithtown." Under the terms of the settlement the Town of Smithtown agreed to implement an anti-discrimination educational program for its employees, to affirmatively market the Section 8 Program to minority persons, to inform the public of its non-discriminatory policies, to maintain and preserve records for purposes of recordkeeping and reporting, and to pay $925,000 to the plaintiffs. This settlement remains in effect until 2019.

This case is closed.

Summary Authors

Gregory Pitt (8/1/2012)

Hope Brinn (5/26/2020)

People


Judge(s)
Attorney for Plaintiff

Birch, Nicole (District of Columbia)

Friedman, Stacy R. (New York)

Graham, Philip L. (New York)

Attorney for Defendant

Arntsen, David H (New York)

Dejong, Jeltje (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:07-cv-05202

Docket [PACER]

Sept. 27, 2011

Sept. 27, 2011

Docket
1

2:07-cv-05202

Complaint

Dec. 13, 2007

Dec. 13, 2007

Complaint

Class Action Lawsuit Filed Against the Town of Smithtown, New York to Halt a Discriminatory Residency Preference in its Section 8 Housing Voucher Program

No Court

Dec. 13, 2007

Dec. 13, 2007

Press Release
31

2:07-cv-05202

STIPULATION OF SETTLEMENT AND CONSENT DECREE

March 4, 2009

March 4, 2009

Settlement Agreement
42

2:07-cv-05202

PRELIMINARY ORDER FQR APPROVAL OF SETTLEMENT OF CLASS ACTION

July 1, 2009

July 1, 2009

Order/Opinion
49

2:07-cv-05202

ORDER AND FINAL JUDGMENT

Aug. 29, 2009

Aug. 29, 2009

Order/Opinion

Docket

Last updated Feb. 18, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Receipt # 347207) against Town of Smithtown $ 350, filed by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 12/18/2007)

Dec. 13, 2007

Dec. 13, 2007

Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 01/02/2008)

Jan. 2, 2008

Jan. 2, 2008

2

NOTICE of Appearance by Jeltje DeJong on behalf of Town of Smithtown (aty to be noticed) (DeJong, Jeltje) (Entered: 01/02/2008)

Jan. 2, 2008

Jan. 2, 2008

3

STIPULATION extending defendant's time to answer or move to January 17, 2008 by Town of Smithtown (DeJong, Jeltje) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

ORDER TO ANSWER re 3 Stipulation filed by Town of Smithtown. The Stipulation is So Ordered. Town of Smithtown answer due 1/17/2008. Ordered by Magistrate Judge William D. Wall on 1/3/08. (Hepworth, F.) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

4

NOTICE of Appearance by Tyler Joseph Smith on behalf of Corinne Vargas, Kisha Trent, Annie Smith, R.G. (notification declined) (Smith, Tyler) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

5

NOTICE of Appearance by Robin Linnett Nunn on behalf of Corinne Vargas, Kisha Trent, Annie Smith, R.G. (notification declined) (Nunn, Robin) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

6

SUMMONS Returned Executed by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. Town of Smithtown served on 12/14/2007, answer due 1/17/2008. (Nunn, Robin) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

7

STIPULATION re 1 Complaint Time to Move or Answer Extended to February 5, 2008 by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

ORDER TO ANSWER re 7 Stipulation. The Stipulation is adopted and So Ordered. Town of Smithtown answer due 2/5/2008. Ordered by Magistrate Judge William D. Wall on 1/11/08. (Hepworth, F.) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

8

ANSWER to 1 Complaint by Town of Smithtown. (DeJong, Jeltje) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

9

MOTION for Leave to Appear Pro Hac Vice by Robin Nunn on Behalf of Nicole Birch Filing fee $ 25, receipt number 02070000000002778764. by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Attachments: # 1 Exhibit 1 Affidavit of Robin Nunn in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit 2 Affidavit of Nicole Birch, # 3 Exhibit 3 (Proposed) Order Admitting Nicole Birch Pro Hac Vice, # 4 Exhibit 4 Certificate of Service by Regular Mail) (Nunn, Robin) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

Email Notification Test − DO NOT REPLY (Mahon, Cinthia) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

ORDER granting 9 Motion for Leave for Nicole Birch to Appear pro hac vice, contingent upon her payment of the required fee and registration for ECF. Ordered by Magistrate Judge William D. Wall on 2/8/08. (Hepworth, F.) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

10

SCHEDULING ORDER: An Initial Conference will be held on April 3, 2008. See attached for additional orders. Any request to adjourn this conference must be filed as a letter motion and must provide alternative dates agreeable to all parties. Ordered by Magistrate Judge William D. Wall on 3/3/08. (Attachments: # 1 WDW Individual Rules) (Hepworth, F.) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

11

Letter MOTION to Adjourn Conference on consent of all parties by Town of Smithtown. (DeJong, Jeltje) (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

ORDER granting 11 Motion to Adjourn Conference. The Initial Conference scheduled for 4/3/08 is adjourned to 5/2/08 at 10:30 a.m. If the parties believe that a settlement conference would be helpful, they should contact the court. Any request to adjourn the 5/2 conference must be made as a motion, with alternative dates acceptable to all parties set forth. Ordered by Magistrate Judge William D. Wall on 3/20/08. (Hepworth, F.) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

12

Proposed Scheduling Order by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

Minute Entry for proceedings held before Magistrate Judge William D. Wall:Initial Pretrial Conference held on 5/2/2008 (Hepworth, F.) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

14

STIPULATION of Confidentiality and (Proposed) Protective Order by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

PRETRIAL ORDER re 14 Stipulation filed by Kisha Trent, R.G., Annie Smith, Corinne Vargas. The Stipulation is So Ordered. Ordered by Magistrate Judge William D. Wall on 7/17/08. (Hepworth, F.) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

15

MOTION to Withdraw as Attorney For Plaintiffs by Nicole Birch by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Birch, Nicole) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

16

STIPULATION and (Proposed) Scheduling Order by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

ORDER re 16 Stipulation filed by Kisha Trent, R.G., Annie Smith, Corinne Vargas. The Stipulation/Proposed Scheduling Order is So Ordered. Ordered by Magistrate Judge William D. Wall on 8/22/08. (Hepworth, F.) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

17

MEDIATION INSTRUCTIONS sent to Counsel. By 9/24/08, Counsel are to select a Mediator, schedule the first mediation session, and electronically file (ECF) and confirm in writing to the ADR Administrator, Gerald P. Lepp, the name of the mediator, and the date, time, and place of the first mediation session. For a list of the EDNY Mediators and their qualifications, see the Court's website at "www.nyed.uscourts.gov/adr". The Confidentiality Stipulation which is attached to this notice is to be signed at the mediation session by all participants, including the mediators, and sent by FAX (718) 613−2368 to the ADR Administrator. In accordance with Administrative Order 2004−08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases (pro se cases are excluded). (Luo, Xue) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

18

STIPULATION Regarding Mediation and (Proposed) Order by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PRETRIAL ORDER re 18 Stipulation filed by Kisha Trent, R.G., Annie Smith, Corinne Vargas. The terms of the Stipulation are so ordered, to the extent that they do not conflict with any requirements of the mediatior. Ordered by Magistrate Judge William D. Wall on 9/15/08. (Hepworth, F.) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

ORDER REFERRING CASE to Mediation on consent.Selection of Mediator due by 10/2/2008. Ordered by Magistrate Judge William D. Wall on 9/15/08. (Talbott, Thomas) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

19

MEDIATION INSTRUCTIONS sent to Counsel. Attached is Letter of Instructions. By 9/30/08, Counsel are to select a Mediator, schedule the first mediation session, and electronically file (ECF) and confirm in writing to the ADR Administrator, Gerald P. Lepp, the name of the mediator, and the date, time, and place of the first mediation session. For a list of the EDNY Mediators and their qualifications, see the Court's website at "www.nyed.uscourts.gov/adr". The Confidentiality Stipulation which is attached to this notice is to be signed at the mediation session by all participants, including the mediators, and sent by FAX (718) 613−2368 to the ADR Administrator. In accordance with Administrative Order 2004−08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases (pro se cases are excluded). (Luo, Xue) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

20

First MOTION to Compel Compliance with Court's August 22 Order and Scheduling of 30(b)(6) Deposition by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Attachments: # 1 Exhibit 1 to 5) (Smith, Tyler) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

21

RESPONSE in Opposition re 20 First MOTION to Compel Compliance with Court's August 22 Order and Scheduling of 30(b)(6) Deposition filed by Town of Smithtown. (DeJong, Jeltje) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

22

Letter Mediator Selection by Corinne Vargas, Kisha Trent, Annie Smith, R.G., Town of Smithtown (Nunn, Robin) (Entered: 10/02/2008)

Oct. 2, 2008

Oct. 2, 2008

23

MOTION for Extension of Time to Complete Discovery, MOTION to Adjourn Conference by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

ORDER granting 23 Motion for Extension of Time to Complete Discovery; granting 23 Motion to Adjourn Conference; granting 15 Motion to Withdraw as Attorney. Attorney Nicole Birch terminated; withdrawing 20 Motion to Compel. The court adopts and So Orders the Proposed Stipulation and Order. The pretrial conference scheduled for 4/23/09 id adjourned to 6/22/09 at 2:00 p.m. The oral argument scheduled for 10/23/08 is cancelled, inasmuch as the plaintiff has deemed the motion withdrawn pursuant to the stipulation. Ordered by Magistrate Judge William D. Wall on 10/10/08. (Hepworth, F.) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

MEDIATION INSTRUCTIONS sent to Counsel. The first mediation session is to be held on November 20, 2008. The Mediator and Counsel are to select a place for the mediation session and inform the ADR Administrator, Gerald P. Lepp. Tel: (718)613−2577, Fax: (718)613−2368, Email: gerald_p_lepp@nyed.uscourts.gov. (Luo, Xue) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

24

SELECTION OF MEDIATOR Lela P. Love rep by Lela P. Love has been selected as Mediator. The first mediation session will be held on 11/20/2008 at 10:00 a.m. at 125 Broad Street, New York. One week before the first mediation session, Counsel shall file with the Mediator their clients mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjustor, and client or client representative with full settlement authority. The Confidentiality Stipulation which is attached to this electronic notice will be signed at the mediation session by all participants and the Mediator and returned to the ADR Administrator, Gerald P. Lepp, by fax (718) 613−2368. Contact information for the Mediator: Lela P. Love, Benjamin Cordozo Law School, 55 Fifth Avenue, New York, NY 10003, Phone: 212−790−0365, Fax: 212−790−0256, E−Mail: love@ymail.yu.edu. Report of Mediation due by 1/18/2009. (Luo, Xue) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

25

MOTION for Leave to Appear Pro Hac Vice Karlo Ng Filing fee $ 25, receipt number 02070000000003193740. by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

26

MOTION for Leave to Appear Pro Hac Vice Joseph D. Rich Filing fee $ 25, receipt number 02070000000003193756. by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 10/17/2008)

Oct. 17, 2008

Oct. 17, 2008

ORDER granting 25 Motion for Leave for Karlo Ng to Appear pro hac vice, contingent upon her payment of the required fee and registration for ECF. Ordered by Magistrate Judge William D. Wall on 10/20/08. (Hepworth, F.) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

ORDER granting 26 Motion for Leave for Joseph D. Rich to Appear pro hac vice, contingent upon his payment of the required fee and registration for ECF. Ordered by Magistrate Judge William D. Wall on 10/20/08. (Hepworth, F.) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

27

Letter Re: Status of Case Following Mediation by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

28

Letter Updating the Court on the Status of the Case by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Nunn, Robin) (Entered: 01/09/2009)

Jan. 9, 2009

Jan. 9, 2009

29

Letter status by Town of Smithtown (Arntsen, David) (Entered: 01/27/2009)

Jan. 27, 2009

Jan. 27, 2009

30

Letter status by Town of Smithtown (Arntsen, David) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

31

STIPULATION of Settlement and Consent Decree by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Nunn, Robin) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

32

Letter Transmitting Courtesy Copy of (Proposed) Preliminary Order For Approval of Settlement of Class Action by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Attachments: # 1 Proposed Order) (Nunn, Robin) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

33

NOTICE of Hearing: Settlement Conference (for preliminary approval of class action settlement) set for 4/23/2009 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

34

MOTION to Certify Class , Preliminarily Approve the Class Action Settlement and Approve the Form and Manner of Notice and Plan of Allocation by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 05/06/2009)

May 6, 2009

May 6, 2009

35

MEMORANDUM in Support re 34 MOTION to Certify Class , Preliminarily Approve the Class Action Settlement and Approve the Form and Manner of Notice and Plan of Allocation filed by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 05/06/2009)

May 6, 2009

May 6, 2009

36

AFFIDAVIT/DECLARATION in Support re 34 MOTION to Certify Class , Preliminarily Approve the Class Action Settlement and Approve the Form and Manner of Notice and Plan of Allocation filed by Corinne Vargas, Kisha Trent, Annie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Nunn, Robin) (Entered: 05/06/2009)

May 6, 2009

May 6, 2009

37

NOTICE of Hearing: Settlement Conference (for preliminary approval of class action settlement) set for 6/9/2009 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) (Entered: 05/12/2009)

May 12, 2009

May 12, 2009

38

MOTION to Adjourn Conference Currently Set for June 9, 2009 to a Date After June 15, 2009 − On Consent by Corinne Vargas, Kisha Trent, Annie Smith, R.G.. (Nunn, Robin) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

ORDER granting 38 Motion to Adjourn Conference. Ordered by Judge Joanna Seybert on 6/8/2009. (Baran, Charles) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

Set/Reset Hearings: Settlement Conference (for preliminary approval of class action settlement) set for 6/16/2009 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

39

Letter MOTION to Adjourn Conference by Town of Smithtown. (Arntsen, David) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

ORDER granting 39 Motion to Adjourn Conference. Ordered by Judge Joanna Seybert on 6/10/2009. (Baran, Charles) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

Set/Reset Hearings: Settlement Conference (for preliminary approval of class action settlement) set for 6/29/2009 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

ORDER In light of the pending proceedings before Judge Seybert, the conference before Judge Wall scheduled for 6/22 is adjourned without date. Ordered by Magistrate Judge William D. Wall on 6/16/2009. (Hepworth, F.) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

40

Minute Order for proceedings held before Judge Joanna Seybert: Settlement Conference (Preliminary Class Action Approval Hearing) held on 6/29/2009; granting 34 Motion for preliminary approval of Class action settlement. Plaintiffs to submit proposed order which includes revisions directed by the Court. Settlement Conference (Final Approval Hearing) set for 8/28/2009 at 10:00am in Courtroom 1030 before Judge Joanna Seybert. (Court Reporter S. Picozzi) (Baran, Charles) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

41

Letter Submitting Revised Preliminary Order and Notice of Pendency by Corinne Vargas, Kisha Trent, Annie Smith, R.G. (Attachments: # 1 Exhibit A − (Revised) Preliminary Order for Approval of Settlement of Class Action, # 2 Exhibit B − Notice of Pendency of Class Action and Proposed Settlement of Class Action and Settlement Hearing) (Nunn, Robin) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

43

NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING − A Proposed Settlement and Fairness Hearing is scheduled for 8/28/09 at 10:00AM. BY ORDER OF THE COURT dated 7/1/09. (Valle, Christine) (Entered: 07/02/2009)

July 1, 2009

July 1, 2009

44

Letter from Juliette Johnson as potential class member. (Brienza, Lauren) (Entered: 08/20/2009)

Aug. 4, 2009

Aug. 4, 2009

47

Letter from Louis San Juan to Clerk of Court undated Re: 8/28/09 Fairness Hearing. (Valle, Christine) (Entered: 08/27/2009)

Aug. 12, 2009

Aug. 12, 2009

45

AFFIDAVIT/AFFIRMATION by Town of Smithtown (Arntsen, David) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

46

MOTION for Settlement by R.G., Annie Smith, Kisha Trent, Corinne Vargas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Memorandum in Support, # 10 Affidavit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Affidavit, # 18 Exhibit, # 19 Exhibit, # 20 Memorandum in Support) (Nunn, Robin) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

48

Minute Entry for proceedings held before Judge Joanna Seybert:Settlement Conference/Final Approval Hearing held on 8/28/2009. Appearances: For plaintiffs: Robin Nunn, Karlo Ng, Tyler Smith. For defendants: David Arntsen, Charles Borghardt, Jeltje de Jong. Also present: Elaine Leanard from Town of Smithtown. Settlement approved as stated on record. Attorney fees approved as stated on record. Settlement order issued to parties following conference. (Court Reporter Dominick Tursi.) (Ryan, Mary) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

49

ORDER AND FINAL JUDGMENT in favor of R.G., Annie Smith, Corinne Vargas, Kisha Trent against Town of Smithtown; Application GRANTED. The Clerk of Court is directed to mark this matter closed. Ordered by Judge Joanna Seybert on 8/28/09. C/ECF (Valle, Christine) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

50

STATUS REPORT Compliance Report by Town of Smithtown (Arntsen, David) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

51

Letter Pursuant to the Order and Final Judgment dated August 28, 2009 by R.G., Annie Smith, Kisha Trent, Corinne Vargas (Attachments: # 1 Exhibit A − Declaration Of Michael Rosenbaum, # 2 Exhibit B− Smithtown Settlement Chart, # 3 Exhibit C− Declaration of Joseph D. Rich) (Nunn, Robin) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 2007

Closing Date: Aug. 28, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American and Hispanic individuals who do not live or work in Smithtown, New York and who applied to the Smithtown Section 8 Voucher Program in 2002 or 2006 when the waitlist was opened and who subsequently were or would have been determined not eligible for the Section 8 Voucher Program because they did not live or work in Smithtown.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Town of Smithtown, City

Case Details

Causes of Action:

42 U.S.C. § 1983

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.

Constitutional Clause(s):

Equal Protection

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

Amount Defendant Pays: 925,000

Order Duration: 2009 - 2019

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Comply with advertising/recruiting requirements

Provide antidiscrimination training

Reporting

Recordkeeping

Issues

General:

Housing

Racial segregation

Discrimination-area:

Disparate Treatment

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic