SMALL et al v. THE ANCHORAGE HOMEOWNERS ASSOCIATION, LLC et al
| EXECUTIVES, LLC, ART SMALL and LYNETTE SMALL |
| F. BRADFORD JOHNSON, TRUDY JOHNSON, SGA ENTERPRISES, INC. and THE ANCHORAGE HOMEOWNERS ASSOCIATION, LLC |
| 1:2018cv01605 |
| May 25, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Sarah Evans Barker |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 405 Fair Housing Act |
| Plaintiff |
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Filing
75
ORDER ON DEFENDANTS' MOTIONS TO DISMISS: Plaintiffs' claims are, to a great extent, insufficiently pleaded. Perhaps some claims can be salvaged by more careful pleadings, though other claims likely cannot be. The Court grants the AHOA's motion [Filing No. 42 ] and SGA's motion [Filing No. 38 ]. As for the Johnsons' motion [Filing No. 40 ], the Court grants it in part and denies it in part. Only one claim survives Defendants' motions to dismiss: the Smalls' 42 U.S.C. § 3617 claim against the Johnsons. Therefore, the following claims are dismissed: * Count I - 42 U.S.C. § 3604(a) * Count II - 42 U.S.C. § 3604(b) * Count III - 42 U.S.C. § 3604(c) * Count IV - I.C. § 32-26-10-1 (spite fence) * Count V - 42 U.S.C. § 3617, but only in regard to Executive s' claim * Count VI - Tortious Interference with Quiet Enjoyment. Count VII - Defamation per quod * Count VIII - Defamation per se * Count IX - I.C. § 32-25.5-3-3 (access to the AHOA's records) The Court dismi sses these claims without prejudice. Plaintiffs may amend their complaint to remedy its shortcomings, if they can, within 14 days, but if they do so, they shall be mindful of the limitations set forth in Rule 11(b). See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/21/2019. (SWM)
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