Case: Greater New Orleans Fair Housing Action Center v. US Dept. of Housing and Urban Development

1:08-cv-01938 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 12, 2008

Closed Date: 2011

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Case Summary

On November 12, 2008, the Greater New Orleans Fair Housing Action Center and the National Fair Housing Alliance, along with African-American homeowners from Louisiana, filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of more than 20,000 families, against the U.S. Department of Housing & Urban Development ("HUD") and the Executive Director of the Louisiana Recovery Authority ("LRA") under 42 U.S.C. §§ 3604(a), 3605(a), 3608(d), (e)(5) and 42 U.S.C. § 5304(b)(2). …

The plaintiffs, represented by both private counsel and the NAACP Legal Defense Fund, alleged that HUD's "Road Home" program has a discriminatory and disparate impact on African Americans. They asked the court for declaratory and injunctive relief. Specifically, the plaintiffs sought an injunction requiring the LRA to recalculate Road Home awards to homeowners in New Orleans using a formula that does not have a disparate impact on African Americans.

In response to the devastation of Hurricane Katrina, HUD established the Road Home program, an $11 billion housing redevelopment program. Road Home was designed to compensate individuals whose homes were damaged by Hurricane Katrina. The Road Home Program was administered by the LRA. The LRA awarded grants to homeowners based on the lesser of the pre-Katrina value of a home or the cost to rebuild the home. It capped grant amounts at $150,000. A number of covenants, including a covenant to rebuild within a certain amount of time, accompanied the grants. Because home values in predominantly African-American neighborhoods are lower than the values of similar homes in white neighborhoods, Plaintiffs alleged that African-Americans homeowners were likely to receive grant amounts based on the pre-storm value of their homes rather than the cost of rebuilding. On the other hand, Plaintiffs alleged that white homeowners with higher-valued yet similar homes were likely to receive grants based on the cost to rebuild. Plaintiffs alleged this would result in disparate impact, because white homeowners would receive higher grants than African-American homeowners; in turn, the result would be an uneven recovery that harmed African-American residents of Louisiana. For example, one African-American homeowner had a home that the LRA estimated had a pre-storm value of $1,400 but would have cost over $150,000 to rebuild. According to the formula, she would have received an essentially useless grant of $1,400.

On May 5, 2009, LRA filed a motion to dismiss plaintiffs' complaint and also moved to transfer the matter to a district court in Louisiana. Co-defendant HUD opposed the motion. The District Court originally set a hearing on the motion for June 2010, but the hearing was continued. The District Court Judge (Judge Henry Kennedy) did not rule on the motion to dismiss until September 7, 2010, most likely because shortly after the defendants filed motions to dismiss, the plaintiffs filed two motions for temporary restraining orders and preliminary injunctions, the results of which were appealed to the D.C. Circuit.

On October 12, 2009, Louisiana provided low- and moderate-income homeowners who had received a Road Home grant based on the pre-storm value of their home with the opportunity to receive Additional Compensation Grants in an effort to provide grantees with grants based on the estimate cost of damage.

On June 6, 2010, plaintiffs filed a motion for a temporary restraining order and preliminary injunction preventing the Louisiana from spending any remaining funds from the Road Home Program until the merits of the plaintiffs' case are resolved. Plaintiffs filed this motion because the LRA was set to sunset on June 30, 2010 and all remaining Road Home funds were scheduled to transfer to Louisiana's Office of Community Development, which would repurpose the funds for another program. On June 29, 2010, the District Court (Judge Henry Kennedy) found the plaintiffs were likely able to establish a prima facie case of racial discrimination, but even so denied the plaintiffs' motion. He held that the Eleventh Amendment barred him from providing retroactive relief to African-American homeowners who had already received grants under the formula.

On July 21, 2010, the plaintiffs filed a narrower motion for a temporary restraining order and preliminary injunction requesting only prospective relief. Judge Kennedy granted this motion, and prohibited Louisiana from disbursing funding based on the value of a person's home.

The plaintiffs filed an interlocutory appeal to the District Court's denial of its first motion for a temporary restraining order and a preliminary injunction on July 21, 2010. The LRA appealed the District Court's decision to grant the plaintiff's second preliminary injunction.

On September 7, 2010, Judge Kennedy granted in part and denied in part the LRA's motion to dismiss and denied the LRA's motion to transfer. Judge Kennedy allowed plaintiffs claims against the LRA's executive director under 42 U.S.C. § 3604(a), but limited the claim to prospective relief. He dismissed all other claims against Louisiana. Louisiana appealed, but on December 30, 2010, the D.C. Circuit Court (per curiam) ordered that to the appeal held in abeyance until it resolved the pending appeals on the motions for temporary restraining orders and preliminary injunctions.

On April 8, 2011, a D.C. Circuit Court panel (Judge Judith Rogers, Judge Brett Kavanaugh, and Judge Stephen Williams) determined that plaintiffs had not demonstrated a likelihood of success on the merits of the case, and affirmed the District Court's denial of the plaintiffs' first motion and reversed the District Court's granting of the plaintiffs' second motion. In an opinion joined by Judge Kavanaugh, Judge Williams wrote that the plaintiffs failed to put forward convincing evidence of disparate impact.

In July 2011, the parties reached a settlement in the matter. According to the settlement, the October 2009 program providing for additional compensation grants aided the majority of injured African-American homeowners. In addition, Louisiana agreed to reward approximately 1,300 homeowners in four parishes approximately $62 million in additional compensation. The parties reserved the additional funds for homeowners who received Road Home compensation based on the pre-storm value of their home. In order to qualify for additional funding, the homeowners who received grants based on the pre-storm value of their home must: (1) live in one of the four Louisiana parishes most impacted by Hurricanes Katrina and Rita; (2) have an original grant that was significantly constrained by their homes pre-storm value; (3) have a home in which the pre-storm value was at or below the fifty-fifth percentile of the parish. Further, eligible recipients must have been unable to complete repairs and return to their homes as of May 1, 2011, or must have returned without repairing the property, which must be uninhabitable according to local laws and ordinances. The agreement also provided recipients of this additional grant money additional time to comply with the rebuilding covenants that accompanied their original grants.

The plaintiffs voluntarily dismissed the suit, in light of the settlement, which does not provide for court enforcement.

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Summary Authors

Benjamin Clark (11/16/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4210482/parties/greater-new-orleans-fair-housing-action-center-v-united-states-department/

Judge(s)

Brown, Janice Rogers (District of Columbia)

Attorney for Plaintiff

Adegbile, Debo Patrick (New York)

Blacksher, M. Lucia (Louisiana)

Colangelo, Matthew B. (District of Columbia)

Coleman, Llezlie Green (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Brown, Janice Rogers (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Kennedy, Henry Harold Jr. (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorney for Plaintiff

Adegbile, Debo Patrick (New York)

Blacksher, M. Lucia (Louisiana)

Colangelo, Matthew B. (District of Columbia)

Coleman, Llezlie Green (District of Columbia)

Goldblatt, Craig (District of Columbia)

Hewitt, Damon Todd (New York)

Moore, ReNika C (New York)

Payton, John A. (District of Columbia)

Romer-Friedman, Peter (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Smith, Johnathan James (New York)

Tenny, Daniel (District of Columbia)

Weinstein, Randall (District of Columbia)

Williams, Morgan (Louisiana)

Yang, Jenny R. (District of Columbia)

Attorney for Defendant

Culotta, Renee G (Louisiana)

Heffernan, Timothy Edward (Virginia)

Hertz, Michael F. (District of Columbia)

Krouse, Allen J. III (Louisiana)

Phillips, Channing D (District of Columbia)

Rees, Daniel (Louisiana)

Risey, Suzanne M. (Louisiana)

Sitcov, Michael (District of Columbia)

Taylor, Jeff (District of Columbia)

Todd, James D. (District of Columbia)

Von Baxter, Felix (District of Columbia)

West, Tony (District of Columbia)

Other

Conley, Danielle (District of Columbia)

Ginsberg, Benjamin L. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:08-cv-01938	Docket GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	July 22, 2011	July 22, 2011 Docket
1 1:08-cv-01938	Complaint for Declaratory and Injunctive Relief	Nov. 12, 2008	Nov. 12, 2008 Complaint
22 1:08-cv-01938	MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendant UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	March 6, 2009	March 6, 2009 Pleading / Motion / Brief
28 1:08-cv-01938	DEFENDANT’S MOTION TO DISMISS AND MOTION TO TRANSFER GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	May 5, 2009	May 5, 2009 Pleading / Motion / Brief
33 1:08-cv-01938	DEFENDANT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S RESPONSE TO MOTION TO DISMISS AND MOTION TO TRANSFER BY DEFENDANT, EXECUTIVE DIRECTOR OF THE LOUISIANA RECOVERY AUTHORITY GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. of Housing and Urban Development U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	June 5, 2009	June 5, 2009 Pleading / Motion / Brief
34 1:08-cv-01938	PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTIONS TO DISMISS AND MOTION TO TRANSFER GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	June 5, 2009	June 5, 2009 Pleading / Motion / Brief
38 1:08-cv-01938	REPLY OF DEFENDANT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF ITS MOTION TO DISMISS GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	July 8, 2009	July 8, 2009 Pleading / Motion / Brief
39 1:08-cv-01938	REPLY MEMORANDUM OF DEFENDANT EXECUTIVE DIRECTOR IN SUPPORT OF HIS MOTION TO DISMISS AND MOTION TO TRANSFER GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	July 8, 2009	July 8, 2009 Pleading / Motion / Brief
50-1 1:08-cv-01938	PLAINTIFFS’ MEMORANDUM AND POINTS OF AUTHORITIES IN SUPPORT OF THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	June 2, 2010	June 2, 2010 Pleading / Motion / Brief
59 1:08-cv-01938	ORDER Denying plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT	June 29, 2010	June 29, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210482/greater-new-orleans-fair-housing-action-center-v-united-states-department/

Last updated June 1, 2026, 7:40 p.m.

ECF Number	Description	Date	Link Date / Link
	SUMMONS Issued(4) as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PAUL RAINWATER, U.S. Attorney and U.S. Attorney General (tr) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008
	Summons Issued as to AUSA	Nov. 12, 2008	Nov. 12, 2008
	SUMMONS Issued(4) as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PAUL RAINWATER, U.S. Attorney and U.S. Attorney General (tr)	Nov. 12, 2008	Nov. 12, 2008
1	COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PAUL RAINWATER ( Filing fee $ 350, receipt number 4616016220) filed by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD. (Attachments: # 1 Civil Cover Sheet)(tr) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008 Clearinghouse
2	Corporate Disclosure Statement by GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER. (tr) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008
3	Corporate Disclosure Statement by NATIONAL FAIR HOUSING ALLIANCE. (tr) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008
4	NOTICE of Appearance by Daniel Tenny on behalf of all plaintiffs (Tenny, Daniel) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008
5	NOTICE of Appearance by Llezlie Lloren Green on behalf of all plaintiffs (Green, Llezlie) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008
6	NOTICE of Firm Name Change by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Tenny, Daniel) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- M. Lucia Blacksher, :Firm- Greater New Orleans Fair Housing Action Center, :Address- 228 St. Charles Avenue, STE 1035, New Orleans, LA 70130. Phone No. - 504-208-5050. Motion For Pro Hac Vice Admission of M. Lucia Blacksher by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Attachments: # 1 Declaration of M. Lucia Blacksher, # 2 Proposed Order)(Green, Llezlie) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Debo Adegbile, Matthew Colangelo, Damon T. Hewitt, Renika C. Moore, :Firm- NAACP Legal Defense and Educational Fund, Inc., :Address- 99 Hudson Street, 16th Floor, New York, NY 10013. Phone No. - 212-965-2200. Motion for Pro Hac Vice Admission by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Attachments: # 1 DECLARATION OF DEBO ADEGBILE, # 2 DECLARATION OF MATTHEW COLANGELO, # 3 DECLARATION OF DAMON T. HEWITT, # 4 DECLARATION OF RENIKA C. MOORE, # 5 PROPOSED ORDER)(Green, Llezlie) (Entered: 11/18/2008)	Nov. 18, 2008	Nov. 18, 2008
	MINUTE ORDER granting 7 Motion for Pro Hac Vice Admission of M. Lucia Blacksher. Ms. Blacksher is admitted pro hac vice to appear in this matter on behalf of plaintiffs. Signed by Judge Henry H. Kennedy, Jr. on November 19, 2008. (NP) (Entered: 11/19/2008)	Nov. 19, 2008	Nov. 19, 2008
	MINUTE ORDER granting 8 Motion for Pro Hac Vice Admission. Debo P. Adegbile, Matthew Colangelo, Damon T. Hewitt, and ReNika C. Moore are admitted pro hac vice to appear in this matter on behalf of plaintiffs. Signed by Judge Henry H. Kennedy, Jr. on November 19, 2008. (NP) (Entered: 11/19/2008)	Nov. 19, 2008	Nov. 19, 2008
	MINUTE ORDER granting 7 Motion for Pro Hac Vice Admission of M. Lucia Blacksher. Ms. Blacksher is admitted pro hac vice to appear in this matter on behalf of plaintiffs. Signed by Judge Henry H. Kennedy, Jr. on November 19, 2008. (NP)	Nov. 19, 2008	Nov. 19, 2008
	Order on Motion for Leave to Appear Pro Hac Vice	Nov. 19, 2008	Nov. 19, 2008
	MINUTE ORDER granting 8 Motion for Pro Hac Vice Admission. Debo P. Adegbile, Matthew Colangelo, Damon T. Hewitt, and ReNika C. Moore are admitted pro hac vice to appear in this matter on behalf of plaintiffs. Signed by Judge Henry H. Kennedy, Jr. on November 19, 2008. (NP)	Nov. 19, 2008	Nov. 19, 2008
9	NOTICE of Appearance by James D. Todd on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Todd, James) (Entered: 01/07/2009)	Jan. 7, 2009	Jan. 7, 2009
10	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 01/07/2009)	Jan. 7, 2009	Jan. 7, 2009
	MINUTE ORDER granting 10 Consent Motion for Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Accordingly, defendant's response to plaintiffs' complaint is due on February 12, 2009. Signed by Judge Henry H. Kennedy, Jr. on January 8, 2009. (NP) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009
	Defendant's answer is due on February 12, 2009. Signed by Judge Henry H. Kennedy, Jr. on January 8, 2009. (NP) (Entered: 01/08/2009)	Jan. 8, 2009	Jan. 8, 2009
	Order on Motion for Extension of Time to	Jan. 8, 2009	Jan. 8, 2009
	MINUTE ORDER granting 10 Consent Motion for Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Accordingly, defendant's response to plaintiffs' complaint is due on February 12, 2009. Signed by Judge Henry H. Kennedy, Jr. on January 8, 2009. (NP)	Jan. 8, 2009	Jan. 8, 2009
	Set Deadlines	Jan. 8, 2009	Jan. 8, 2009
	Defendant's answer is due on February 12, 2009. Signed by Judge Henry H. Kennedy, Jr. on January 8, 2009. (NP)	Jan. 8, 2009	Jan. 8, 2009
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 11/14/2008. (Tenny, Daniel) (Entered: 01/13/2009)	Jan. 13, 2009	Jan. 13, 2009
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 11/14/2008, answer due 2/12/2009 (Tenny, Daniel) (Entered: 01/13/2009)	Jan. 13, 2009	Jan. 13, 2009
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on served on 11/14/2008, answer due 2/12/2009(Tenny, Daniel) Modified on 1/13/2009 to include service and answer dates(tr). (Entered: 01/13/2009)	Jan. 13, 2009	Jan. 13, 2009
14	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint (Second Request) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 02/06/2009)	Feb. 6, 2009	Feb. 6, 2009
	MINUTE ORDER granting 14 Consent Motion for a Second Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Defendant's answer is due February 20, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 9, 2009. (NP) (Entered: 02/09/2009)	Feb. 9, 2009	Feb. 9, 2009
	RESET DEADLINES. The Department of Housing and Urban Development's answer is due February 20, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 9, 2009. (NP) (Entered: 02/09/2009)	Feb. 9, 2009	Feb. 9, 2009
	Order on Motion for Extension of Time to	Feb. 9, 2009	Feb. 9, 2009
	MINUTE ORDER granting 14 Consent Motion for a Second Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Defendant's answer is due February 20, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 9, 2009. (NP)	Feb. 9, 2009	Feb. 9, 2009
	Set Deadlines	Feb. 9, 2009	Feb. 9, 2009
	RESET DEADLINES. The Department of Housing and Urban Development's answer is due February 20, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 9, 2009. (NP)	Feb. 9, 2009	Feb. 9, 2009
15	STIPULATION To Extent Deadline To Seek Class Certification by GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER. (Attachments: # 1 Proposed Order)(Sellers, Joseph) (Entered: 02/10/2009)	Feb. 10, 2009	Feb. 10, 2009
16	ORDER extending deadline for seeking class certification. Signed by Judge Henry H. Kennedy, Jr. on February 11, 2009. (NP) (Entered: 02/11/2009)	Feb. 11, 2009	Feb. 11, 2009
17	Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint (Third Request) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 02/20/2009)	Feb. 20, 2009	Feb. 20, 2009
18	NOTICE Of Attorney Name Change by GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER (Coleman, Llezlie) (Entered: 02/23/2009)	Feb. 23, 2009	Feb. 23, 2009
19	NOTICE Of Firm Name Change by GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER (Coleman, Llezlie) (Entered: 02/23/2009)	Feb. 23, 2009	Feb. 23, 2009
	MINUTE ORDER granting 17 Consent Motion for a Third Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Defendant U.S. Department of Housing and Urban Development's Answer is due on March 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 24, 2009. (NP) (Entered: 02/24/2009)	Feb. 24, 2009	Feb. 24, 2009
	RESET DEADLINES. The Department of Housing and Urban Development's answer is due March 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 24, 2009. (NP) (Entered: 02/24/2009)	Feb. 24, 2009	Feb. 24, 2009
	Order on Motion for Extension of Time to	Feb. 24, 2009	Feb. 24, 2009
	MINUTE ORDER granting 17 Consent Motion for a Third Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to Plaintiffs' Complaint. Defendant U.S. Department of Housing and Urban Development's Answer is due on March 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 24, 2009. (NP)	Feb. 24, 2009	Feb. 24, 2009
	Set Deadlines	Feb. 24, 2009	Feb. 24, 2009
	RESET DEADLINES. The Department of Housing and Urban Development's answer is due March 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on February 24, 2009. (NP)	Feb. 24, 2009	Feb. 24, 2009
	MINUTE ORDER granting 21 Consent Motion for Extension of Time for Defendant to Respond to Plaintiff's Complaint. Accordingly, defendants' answer is due April 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on March 6, 2009. (NP) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009
	RESET DEADLINE: Defendants' answer is due April 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on March 6, 2009. (NP) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009
	Order on Motion for Leave to Appear Pro Hac Vice	March 6, 2009	March 6, 2009
	Order on Motion for Extension of Time to File Response/Reply	March 6, 2009	March 6, 2009
	Set Deadlines	March 6, 2009	March 6, 2009
	MINUTE ORDER granting 20 Motion for Pro Hac Vice Admissions. Allen J. Krouse, III, Renee Gluth Culotta, and Suzanne Marie Risey are admitted pro hac vice to appear in this matter on behalf of defendants. Signed by Judge Henry H. Kennedy, Jr. on March 6, 2009. (NP)	March 6, 2009	March 6, 2009
	MINUTE ORDER granting 21 Consent Motion for Extension of Time for Defendant to Respond to Plaintiff's Complaint. Accordingly, defendants' answer is due April 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on March 6, 2009. (NP)	March 6, 2009	March 6, 2009
	RESET DEADLINE: Defendants' answer is due April 6, 2009. Signed by Judge Henry H. Kennedy, Jr. on March 6, 2009. (NP)	March 6, 2009	March 6, 2009
20	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Suzanne Marie Risey, Allen J. Krouse, III, Renee Gluth Culotta, :Firm- Frilot L.L.C., :Address- 1100 Poydras Street, 36th Floor, New Orleans, LA 70163. Phone No. - 504-599-8016. Fax No. - 504-599-8116 by PAUL RAINWATER (Attachments: # 1 Declaration Declaration of Suzanne Marie Risey, # 2 Declaration Declaration of Allen J. Krouse, III, # 3 Declaration Declaration of Renee Gluth Culotta, # 4 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admissions)(Heffernan, Timothy) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009
21	Consent MOTION for Extension of Time to File Response/Reply by PAUL RAINWATER (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time for Defendant Paul Rainwater, Executive Director of the Louisiana Recovery Authority to Respond to Plaintiffs' Complaint)(Heffernan, Timothy) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009
22	MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Declaration of Jessie Handforth Kome in Support of Motion to Dismiss, # 2 Text of Proposed Order)(Todd, James) (Entered: 03/06/2009)	March 6, 2009	March 6, 2009 Clearinghouse
23	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER served on 2/16/2009, answer due 3/9/2009 (Coleman, Llezlie) Modified on 3/11/2009 (jf, ). (Entered: 03/10/2009)	March 10, 2009	March 10, 2009
	NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 23 Summons Returned Executed was entered in error and counsel was instructed to refile said pleading as to the correct party served. (jf, ) (Entered: 03/11/2009)	March 11, 2009	March 11, 2009
	NOTICE OF ERROR re 24 Summons Returned Executed; emailed to lgreen@cohenmilstein.com, cc'd 14 associated attorneys −− The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Counsel is advised to refile return of service with proper documentation (tr, ) (Entered: 03/11/2009)	March 11, 2009	March 11, 2009
	Notice of Error	March 11, 2009	March 11, 2009
	NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 23 Summons Returned Executed was entered in error and counsel was instructed to refile said pleading as to the correct party served. (jf, )	March 11, 2009	March 11, 2009
	Notice of QC	March 11, 2009	March 11, 2009
	NOTICE OF ERROR re 24 Summons Returned Executed; emailed to lgreen@cohenmilstein.com, cc'd 14 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Counsel is advised to refile return of service with proper documentation (tr, )	March 11, 2009	March 11, 2009
24	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PAUL RAINWATER served on 2/16/2009, answer due 4/6/2009 (Coleman, Llezlie) Modified on 3/11/2009 (tr). (Entered: 03/11/2009)	March 11, 2009	March 11, 2009
25	STIPULATION Regarding Scheduling by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD. (Attachments: # 1 Text of Proposed Order)(Tenny, Daniel) (Entered: 03/20/2009)	March 20, 2009	March 20, 2009
26	ORDER granting Stipulation Regarding Scheduling. Signed by Judge Henry H. Kennedy, Jr. on March 23, 2009. (NP) (Entered: 03/23/2009)	March 23, 2009	March 23, 2009
	Reset Deadlines: Answer due by 5/6/2009; Response to Dispositive Motions due by 6/5/2009. (tj ) (Entered: 03/25/2009)	March 25, 2009	March 25, 2009
	Set/Reset Deadlines	March 25, 2009	March 25, 2009
	Reset Deadlines: Answer due by 5/6/2009; Response to Dispositive Motions due by 6/5/2009. (tj )	March 25, 2009	March 25, 2009
27	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to PAUL RAINWATER served on 2/16/2009, answer due date 4/6/2009. (Coleman, Llezlie) Modified on 3/26/2009 to correct docket text to reflect document filed (tr). (Entered: 03/25/2009)	March 25, 2009	March 25, 2009
28	MOTION to Dismiss, MOTION to Transfer Case by PAUL RAINWATER (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order regarding Motion to Dismiss, # 6 Text of Proposed Order regarding Motion to Transfer)(Culotta, Renee) (Entered: 05/05/2009)	May 5, 2009	May 5, 2009 Clearinghouse
29	Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss MOTION to Transfer Case by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 05/14/2009)	May 14, 2009	May 14, 2009
	Order on Motion for Extension of Time to File Response/Reply	May 18, 2009	May 18, 2009
	MINUTE ORDER granting 29 Consent Motion for Extension of Time for Defendant U.S. Department of Housing and Urban Development to Respond to 28 Motion to Dismiss and Motion to Transfer. Defendant U.S. Department of Housing and Urban Development must file any response on or before June 12, 2009. Signed by Judge Henry H. Kennedy, Jr. on May 18, 2009. (lchhk1)	May 18, 2009	May 18, 2009
30	NOTICE of Appearance by Jenny R. Yang on behalf of all plaintiffs (Yang, Jenny) (Entered: 05/19/2009)	May 19, 2009	May 19, 2009
31	NOTICE OF WITHDRAWAL OF APPEARANCE as to GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER. Attorney M. Lucia Blacksher terminated. (Blacksher, M.) (Entered: 05/27/2009)	May 27, 2009	May 27, 2009
32	Unopposed MOTION Leave to File Consolidated Response Not to Exceed 65 Pages re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Attachments: # 1 Text of Proposed Order)(Tenny, Daniel) (Entered: 06/03/2009)	June 3, 2009	June 3, 2009
	Order on Motion for Miscellaneous Relief	June 4, 2009	June 4, 2009
	MINUTE ORDER granting 32 Unopposed Motion to File Consolidated Memorandum in Response to Motions to Dismiss and Motion to Transfer. Accordingly, plaintiffs may file a single consolidated response to 22 Defendant U.S. Department of Housing and Urban Development's Motion to Dismiss and 28 Defendant Paul Rainwater's Motion to Dismiss and Motion to Transfer, not to exceed 65 pages. Signed by Judge Henry H. Kennedy, Jr. on June 4, 2009. (lchhk1)	June 4, 2009	June 4, 2009
33	Memorandum in opposition to re 28 MOTION to Dismiss MOTION to Transfer Case filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 06/05/2009)	June 5, 2009	June 5, 2009 Clearinghouse
34	Memorandum in opposition to re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case filed by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit List, # 3 Exhibit A 2005 Act, # 4 Exhibit B. 2006 Act, # 5 Exhibit C 2007 Act, # 6 Exhibit D Feb 13 2006 Regulation, # 7 Exhibit E Oct 30 2006 Regulation, # 8 Exhibit F Dec 11 2007 Regulation, # 9 Exhibit G Aug 8 2008 Regulation, # 10 Exhibit H Appeals and Second Disbursements, # 11 Exhibit I Filing an Appeal)(Sellers, Joseph) (Entered: 06/05/2009)	June 5, 2009	June 5, 2009 Clearinghouse
35	STIPULATION re 34 Memorandum in Opposition,, to Extend Time for Defendants' Replies by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 06/11/2009)	June 11, 2009	June 11, 2009
36	Unopposed MOTION for Leave to File Excess Pages by PAUL RAINWATER (Attachments: # 1 Text of Proposed Order)(Culotta, Renee) (Entered: 07/02/2009)	July 2, 2009	July 2, 2009
37	MOTION to Withdraw as Attorney (Daniel Tenny) by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Attachments: # 1 Text of Proposed Order)(Tenny, Daniel) (Entered: 07/02/2009)	July 2, 2009	July 2, 2009
	Order on Motion for Leave to File Excess Pages	July 6, 2009	July 6, 2009
	MINUTE ORDER granting 36 Unopposed Joint Motion to Exceed Page Limitation for Defendants, Paul Rainwater and U.S. Department of Housing and Urban Development (HUD). Accordingly, defendant Rainwater may exceed the page limitation of his reply brief by an additional fifteen pages and defendant HUD may exceed the page limitation of its reply brief by an additional five pages. Signed by Judge Henry H. Kennedy, Jr. on July 6, 2009. (lchhk1)	July 6, 2009	July 6, 2009
	Order on Motion to Withdraw as Attorney	July 6, 2009	July 6, 2009
	ORDER granting 37 Motion of Withdrawal as Attorney for Daniel Tenny. Attorney Tenny is terminated from this case. Signed by Judge Henry H. Kennedy, Jr. on July 6, 2009. (lchhk1)	July 6, 2009	July 6, 2009
38	REPLY to opposition to motion re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Todd, James) (Entered: 07/08/2009)	July 8, 2009	July 8, 2009 Clearinghouse
39	REPLY to opposition to motion re 28 MOTION to Dismiss MOTION to Transfer Case filed by PAUL RAINWATER. (Attachments: # 1 Exhibit D)(Culotta, Renee) (Entered: 07/08/2009)	July 8, 2009	July 8, 2009 Clearinghouse
40	ERRATA by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 38 Reply to opposition to Motion filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Errata Corrected Copy of Reply)(Todd, James) (Entered: 07/10/2009)	July 10, 2009	July 10, 2009
41	MOTION for Hearing re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case by DAPHNE JONES, EDWARD RANDOLPH, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, NATIONAL FAIR HOUSING ALLIANCE, GLORIA BURNS, RHONDA DENTS, ALMARIE FORD (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 07/23/2009)	July 23, 2009	July 23, 2009
42	Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Hearing re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case MOTION for Hearing re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 08/06/2009)	Aug. 6, 2009	Aug. 6, 2009
43	Memorandum in opposition to re 41 MOTION for Hearing re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case MOTION for Hearing re 22 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 28 MOTION to Dismiss MOTION to Transfer Case filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Todd, James) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009
	Order on Motion for Extension of Time to File Response/Reply	Aug. 10, 2009	Aug. 10, 2009
	MINUTE ORDER granting nunc pro tunc 42 Unopposed Motion for Extension of Time for Defendant U.S. Department of Housing and Urban Development to File Opposition to Plaintiffs' Motion for a Hearing. Signed by Judge Henry H. Kennedy, Jr. on August 10, 2009. (lchhk1)	Aug. 10, 2009	Aug. 10, 2009
44	NOTICE OF WITHDRAWAL OF APPEARANCE as to GLORIA BURNS, RHONDA DENTS, ALMARIE FORD, GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, DAPHNE JONES, NATIONAL FAIR HOUSING ALLIANCE, EDWARD RANDOLPH. Attorney Matthew Colangelo terminated. (Colangelo, Matthew) (Entered: 01/14/2010)	Jan. 14, 2010	Jan. 14, 2010
	Order on Motion for Hearing	March 3, 2010	March 3, 2010
	MINUTE ORDER denying 41 Plaintiffs' Motion for an Oral Hearing on Defendants' Motions to Dismiss and Transfer. Signed by Judge Henry H. Kennedy, Jr. on March 3, 2010. (NP)	March 3, 2010	March 3, 2010
45	ORDER scheduling a hearing on the parties' motions to dismiss on June 4, 2010, at 3:00 pm, to address issues specified in the Court's Order. Signed by Judge Henry H. Kennedy, Jr. on May 24, 2010. (NP) (Entered: 05/24/2010)	May 24, 2010	May 24, 2010

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 12, 2008

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Greater New Orleans Fair Housing Action Center; National Fair Housing Alliance; African-American homeowners from Louisiana

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

Department of Housing and Urban Development

State

Louisiana Recovery Authority

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Commerce Power

Federalism (including 10th Amendment)

Other Dockets:

District of District of Columbia 1:08-cv-01938

U.S. Court of Appeals for the District of Columbia Circuit 10-05257

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Develop anti-discrimination policy

Preliminary relief denied

Amount Defendant Pays: $62,000,000

Issues

General/Misc.:

Funding

Housing

Housing assistance

Public assistance grants

Racial segregation

Discrimination Area:

Disparate Impact

Housing Sales/Rental

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation

Case Summary of Greater New Orleans Fair Housing Action Center v. US Dept. of Housing and Urban Development, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11242/ (last updated 11/16/2012).