Morris et al v. West Hayden Estates First Addition Homeowners Association, Inc.
Jeremy R Morris and Kristy L Morris |
West Hayden Estates First Addition Homeowners Association, Inc. |
2:2017cv00018 |
January 13, 2017 |
US District Court for the District of Idaho |
CDA - Northern Office |
Kootenai - Northern |
Ronald E. Bush |
Housing/Accommodations |
42 U.S.C. ยง 3601 |
Plaintiff |
Available Case Documents
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Filing 118 MEMORANDUM DECISION AND ORDER The Homeowners Association's Motion for Judgement as a Matter of Law Pursuant to Rule 50(b) is GRANTED. In the alternative, the Homeowner's Association is GRANTED a new trial pursuant to Rule 59. Further in t he alternative, the Court ORDERS remittitur. Plaintiffs will accept compensatory and punitive damages in the combined amount of $4.00. Plaintiffs may alternatively elect to proceed to a new trial. The Homeowners Association's Motion to Str ike Affidavits of Jeremy Morris, Lorilee Anne Addy, and Russell Deming (Dkt. 115 ) is DENIED. Plaintiffs' Motion for Injunctive Relief in the Form of De-Annexation from the West Hayden Estates Homeowners Association (Dkt. 107 ) is DENIED. Pla intiffs are PERMANENTLY ENJOINED from hosting a Christmas program in the West Hayden Estates that violates the CC&Rs in the manner described in this decision. Pursuant to Declaration Section 8.1, Plaintiffs are ORDERED to pay the Homeowners Associati ons attorney's fees stemming solely from the prosecution of the Homeowner Associations counterclaim. The Homeowner Association's counsel shall submit a petition for fees and costs within 10 days from the date of this decision. Plaintiffs 39; shall have 5 days thereafter to file any objections to the reasonableness of the costs and fees sought, and the Homeowners Association's counsel shall have 5 additional days to file a reply to any such objections. The Court will then issue an order setting the amount of fees and costs awarded. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
Filing 80 ORDER. Counsel shall confer and attempt to reach a stipulation to the admission of as many exhibits as possible and submit a Joint Exhibit List by 10/10/2018. (Motions in Limine due by 10/15/2018. Jury Trial set for 10/22/2018 01:30 PM in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) |
Filing 41 MEMORANDUM DECISION AND ORDER denying 28 Motion to Dismiss for Failure to State a Claim. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) |
Filing 18 MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Defendants Motion to Dismiss (Dkt. 5 ) is GRANTED as to Plaintiffs Idaho Human Rights Act claim. The claim is dismissed without prejudice. 2. Defendants Motion to Dismiss (Dkt. 5 ) is DENIED as to Plaintiffs Fair Housing Act claims. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
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