D.J. v. Columbia at Sylvan Hills, L.P. et al
| D.J. |
| Housing Authority of the City of Atlanta, Columbia Residential, LLC and Columbia at Sylvan Hills, L.P. |
| 1:2019cv02232 |
| May 16, 2019 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 |
| None |
Docket Report
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| Filing 29 SUPPLEMENTAL BRIEF in Opposition re #5 MOTION for Preliminary Injunction Supplemental Brief in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Columbia Residential, LLC, Columbia at Sylvan Hills, L.P.. (Attachments: #1 Affidavit Declaration of Kimberly Vanjohnson, #2 Affidavit Declaration of Aaron Lawrence, #3 Affidavit Declaration of Erika Parks, #4 Affidavit Declaration of Mario D. Breedlove)(Breedlove, Mario) Modified on 7/2/2019 to edit event selected (dob). |
| Filing 28 SUPPLEMENTAL BRIEF in support re #5 MOTION for Preliminary Injunction Supplemental Brief for Motion for Preliminary Injunction filed by D.J.. (Attachments: #1 Exhibit Ex I - 2019-06-03 Transcript of testimony from Dorothy Adike, #2 Exhibit Ex J - HUD-DOJ Joint Statement 5-2004)(Carder, Anne) Modified on 7/2/2019 to edit event selected (dob). |
Filing 27
ORDER setting Evidentiary Hearing for 7/17/2019 at 10:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. Signed by Judge Michael L. Brown on 6/19/2019. (dob)
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| Filing 26 ANSWER to #3 COMPLAINT by Columbia Residential, LLC, Columbia at Sylvan Hills, L.P.. Discovery ends on 11/12/2019.(Breedlove, Mario) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 25 TRANSCRIPT of Proceedings (TRO) held on 06/03/2019, before Judge Michael L. Brown. Court Reporter/Transcriber Jana B. Colter, FAPR, RMR, CRR, CRC. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (Attachments: #1 Notice of Filing Transcript) (jbc) |
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Filing 24
ORDER granting #23 Motion to Continue. Evidentiary Hearing set for 7/17/2019 with time and location to be determined before Judge Michael L. Brown to consider whether to convert the temporary restraining order into a preliminary injunction. Signed by Judge Michael L. Brown on 6/10/2019. (dob)
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| Filing 23 Consent MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction by D.J.. (Attachments: #1 Text of Proposed Order 2019-06-07 Proposed Order Continuing Date of PI Hearing and Briefing Schedule)(Smith, Wingo) |
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Filing 22
ORDER. The Court GRANTS Plaintiff's motion for injunctive relief. (Dkt. 5.) Under Federal Rule of Civil Procedure 65 and pending a further hearing on a renewed motion for a preliminary injunction, the Court ENJOINS and RESTRAINS Defendants Columbia from pursuing a lease termination or eviction against Plaintiff for a period of fourteen days. The Court ORDERS that any violation of the term(s) of this order will be punishable by contempt and other appropriate relief that this Court finds just and proper. The Court sets an evidentiary hearing on June 17, 2019, at 3:00 p.m., to consider whether to convert this temporary restraining order into a preliminary injunction. The Court instructs the parties to provide additional evidence and caselaw addressing the specific facts in this case, including the potential risk Plaintiff may pose to other residents. The parties should file their briefs with the Court no later than 5:00 P.M. on June 13, 2019. Signed by Judge Michael L. Brown on 6/5/2019. (bgt)
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| Set Deadlines/Hearings: Evidentiary Hearing set for 6/17/2019 at 3:00 PM in ATLA Courtroom 1906 before Judge Michael L. Brown. (bgt) |
| Filing 21 Notice for Leave of Absence for the following date(s): June 25, 2019-July 2, 2019, by David E. Langford. (Langford, David) |
| Filing 20 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 6/3/2019 re #5 MOTION for Preliminary Injunction filed by D.J., #4 MOTION for Permission to Proceed Anonymously filed by D.J. Argument made by both parties. Plaintiff presented Dorothy Adike as a witness. The Court GRANTED a temporary restraining order for fourteen (14) days. The Court will hold an additional hearing on the preliminary injunction request on June 17, 2019. The parties shall brief, no later than 5:00 PM EDT on June 13, 2019, the issues addressed by the Court. A written order is forthcoming. (Court Reporter Jana Colter)(dob) |
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ORAL ORDER granting Plaintiff's #4 Motion for Permission to Proceed Anonymously. Plaintiff shall be permitted to proceed in this case by the initials "D.J." Ordered by Judge Michael L. Brown on 6/3/2019. (bgt)
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| Filing 19 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by Columbia Residential, LLC, Columbia at Sylvan Hills, L.P.. (Breedlove, Mario) |
| Filing 18 NOTICE of Appearance by Mario Damian Breedlove on behalf of Columbia Residential, LLC, Columbia at Sylvan Hills, L.P. (Breedlove, Mario) |
| Filing 17 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction by Defendant Housing Authority of the City of Atlanta filed by D.J.. (Smith, Wingo) |
| Filing 16 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction and Exhibit filed by Housing Authority of the City of Atlanta. (Attachments: #1 Exhibit PBRA Agreement Between Defendants AHA and Columbia at Sylvan Hills)(Langford, David) |
| Filing 15 Return of Service Executed by D.J.. Columbia Residential, LLC served on 5/24/2019, answer due 6/14/2019. (Smith, Wingo) |
| Filing 14 Return of Service Executed by D.J.. Columbia at Sylvan Hills, L.P. served on 5/24/2019, answer due 6/14/2019. (Smith, Wingo) |
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Filing 13
ORDER Setting Hearing on Motion #5 MOTION for Preliminary Injunction : Motion Hearing set for 6/3/2019 at 02:00 PM in ATLA Courtroom 1906 before Judge Michael L. Brown. Signed by Judge Michael L. Brown on 5/24/2019. (dob)
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| Filing 12 NOTICE of Appearance by David E. Langford on behalf of Housing Authority of the City of Atlanta (Langford, David) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Housing Authority of the City of Atlanta. Housing Authority of the City of Atlanta waiver mailed on 5/17/2019, answer due 7/16/2019. (Langford, David) |
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Filing 10
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
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| Filing 9 Electronic Summons Issued as to Columbia Residential, LLC. (cmd) |
| Filing 8 Electronic Summons Issued as to Columbia at Sylvan Hills, L.P. (cmd) |
| Filing 7 Electronic Summons Issued as to Housing Authority of the City of Atlanta. (cmd) |
| Submission of #5 MOTION for Preliminary Injunction, #4 MOTION for Permission to Proceed Anonymously to District Judge Michael L. Brown. (cmd) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Alan J. Baverman. (cmd) |
| Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by D.J. (cmd) |
| Filing 5 MOTION for Preliminary Injunction by D.J. (Attachments: #1 Brief, #2 Exhibit A - Declaration of Bette Brotherton, #3 Exhibit B - Declaration of Plaintiff (Redacted), #4 Exhibit C - Declaration of Anne Carder, #5 Exhibit D - 2019-04-06 Notice of Lease Termination and Demand for Possession (Redacted), #6 Exhibit E - 2018-05-31 Informal Review Decision (Redacted), #7 Exhibit F - 2018-09-15 Letter to Mario Breedlove (Redacted), #8 Exhibit G - 2019-04-11 Letter from Mario Breedlove denying accommodation request (Redacted), #9 Exhibit H - 2019-04-22 Letter to Mario Breedlove (Redacted))(cmd) |
| Filing 4 MOTION for Permission to Proceed Anonymously by D.J. (Attachments: #1 Brief, #2 Text of Proposed Order)(cmd) |
| Filing 3 COMPLAINT filed by D.J. (Attachments: #1 Civil Cover Sheet)(cmd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 2
ORDER GRANTING Plaintiff's #1 Application for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Alan J. Baverman on 5/16/2019. (cmd)
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| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by D.J. (Attachments: #1 Complaint, #2 Plaintiff's Motion to Proceed Anonymously, #3 Memorandum in Support of Motion to Proceed Anonymously, #4 Proposed Order to Proceed Anonymously, #5 Motion for Preliminary Injunction, #6 Memorandum in Support of Motion for Preliminary Injunction, #7 Exhibit A - Declaration of Bette Brotherton, #8 Exhibit B - Declaration of Plaintiff, #9 Exhibit C - Declaration of Anne Carder, #10 Exhibit D - Notice of Lease Termination and Demand for Possession, #11 Exhibit E - Informal Review Decision, #12 Exhibit F - Letter to Mario Breedlove, #13 Exhibit G - Letter from Mario Breedlove, #14 Exhibit H - Letter to Mario Breedlove, #15 Certificate of Interested Persons, #16 Summons Housing Authority of the City of Atlanta, #17 Summons Columbia House at Sylvan Hills, #18 Summons Columbia Residential, #19 Civil Cover Sheet)(cmd) |
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