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Civil Rights Litigation Clearinghouse
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Case Name Robidoux v. Rosengren FH-CA-0008
Docket / Court 2:06-cv-02334 ( E.D. Cal. )
State/Territory California
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On October 23, 2006, tenants of the Villa Serrano Apartments, filed a lawsuit under the Fair Housing Act of 1968 against owners and operators of the Villa Serrano Apartments in the United States District Court of California, Eastern District. The tenants, represented by private counsel, asked the ... read more >
On October 23, 2006, tenants of the Villa Serrano Apartments, filed a lawsuit under the Fair Housing Act of 1968 against owners and operators of the Villa Serrano Apartments in the United States District Court of California, Eastern District. The tenants, represented by private counsel, asked the court for monetary, declaratory, and injunctive relief, claiming that the defendants discriminated against families with children in violation of the Fair Housing Act.

On May 25, 2005, the defendants gave all tenants a notice which declared that children under the age of 18 must be accompanied by a parent or adult when playing on the defendant's property, and that repeat violations of this rule could result in termination of the offending tenant's lease. In July of 2005, the defendants gave notice to the tenants that children were no longer permitted to play in the parking lot area. Tenants with children also claimed that there children were harassed by management and threatened with eviction for imagined violations and undefined misbehavior.

The tenants claimed that the apartment owners' and operators' actions resulted in a loss of housing opportunities, violations of the tenants' civil rights, deprivation of the full use and enjoyment of the tenants' tenancy, and severe emotional distress, humiliation, and bodily injury.

On March 31, 2009, the parties reached a settlement through mediation, under which the defendants agreed to pay the tenants $240,000.

After several trips to the Ninth Circuit on the issue of attorney fees, the parties entered a settlement as to the minors' compromise and the case was closed. We have no information as to the details of the settlement.

Gregory Pitt - 07/30/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Discrimination-basis
Family discrimination
Plaintiff Type
Private Plaintiff
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. ยงยง 3601 et seq.
Defendant(s) Owners of Villa Serrano Apartments
Plaintiff Description Tenants of the Villa Serrano Apartments
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
2:06-CV-02334 (E.D. Cal.) 08/19/2011
FH-CA-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/23/2006
FH-CA-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Summary Judgment 10/03/2008
FH-CA-0008-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Settlement 03/21/2009
FH-CA-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Partial Grant of Approval of the Compromise of Plaintiffs' Claims) 05/29/2009 (2009 U.S.Dist.LEXIS 49598) (E.D. Cal.)
FH-CA-0008-0011.pdf | LEXIS | Detail
Document Source: LexisNexis
Opinion and Order (Denying Plaintiffs' Motion for Reconsideration) 07/08/2009 (2009 U.S.Dist.LEXIS 58359) (E.D. Cal.)
FH-CA-0008-0012.pdf | LEXIS | Detail
Document Source: LexisNexis
Opinion and Memorandum (Ninth Circuit) 01/21/2011 (2011 U.S.App.LEXIS 1217)
FH-CA-0008-0010.pdf | LEXIS | Detail
Document Source: LexisNexis
Opinion and Order (Ninth Circuit Recall of Mandate) 02/18/2011 (2011 U.S.App.LEXIS 3393)
FH-CA-0008-0009.pdf | LEXIS | Detail
Document Source: LexisNexis
Opinion (Ninth Circuit) 03/30/2011 (638 F.3d 1177)
FH-CA-0008-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order (Plaintiffs to File New Proposed Settlement) 06/07/2011 (E.D. Cal.)
FH-CA-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion to Approve Minors' Compromises 06/16/2011
FH-CA-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order (Granting Motion to Approve Minor's Compromise) 07/28/2011 (E.D. Cal.)
FH-CA-0008-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bea, Carlos T. (Ninth Circuit)
FH-CA-0008-0008 | FH-CA-0008-0009 | FH-CA-0008-0010
Drozd, Dale Alan (E.D. Cal.) [Magistrate]
FH-CA-0008-9000
Karlton, Lawrence K. (E.D. Cal.)
FH-CA-0008-0002 | FH-CA-0008-0003 | FH-CA-0008-0011 | FH-CA-0008-0012 | FH-CA-0008-9000
Noonan, John T. Jr. (Ninth Circuit)
FH-CA-0008-0008 | FH-CA-0008-0009 | FH-CA-0008-0010
Paez, Richard A. (Ninth Circuit, C.D. Cal.)
FH-CA-0008-0008 | FH-CA-0008-0009 | FH-CA-0008-0010
Monitors/Masters None on record
Plaintiff's Lawyers Fagan, Stuart E. (California)
FH-CA-0008-0001 | FH-CA-0008-0004 | FH-CA-0008-0006 | FH-CA-0008-0007 | FH-CA-0008-9000
Defendant's Lawyers Altmann, Justin Scott (California)
FH-CA-0008-9000
Campbell, Mark A. (California)
FH-CA-0008-9000
Lewis, Luther R. (California)
FH-CA-0008-9000
Scarborough, Tiffany P. (California)
FH-CA-0008-9000
Schachter, Alesa M. (California)
FH-CA-0008-9000
Other Lawyers None on record

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