Treece et al v. Harlan
Plaintiff: Dwayne Treece and Phallon Treece
Defendant: Clifford Harlan
Case Number: 2:2017cv10153
Filed: October 4, 2017
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Orleans
Presiding Judge: Susie Morgan
Presiding Judge: Daniel E. Knowles
Nature of Suit: Housing/Accommodations
Cause of Action: 42 U.S.C. ยง 3601
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 23, 2022 Opinion or Order Filing 460 ORDER AND REASONS: IT IS ORDERED that Defendants' 424 motion for summary judgment is GRANTED IN PART, insofar as it seeks summary judgment on Harlan's claims under 42 U.S.C. §§ 3604(a) and (b) for discrimination against his pro spective buyers and Harlan's 42 U.S.C. § 3617 claim for interference with his rights under §§ 3604(a) and (b) to sell his unit to families. In all other respects, Defendants' motion for summary judgment is DENIED. Signed by Judge Susie Morgan on 3/23/2022. (pp)
October 29, 2021 Opinion or Order Filing 420 ORDER AND REASONS: IT IS ORDERED that Plaintiffs Dwayne Treece, Phallon Treece, and Clifford Harlan's 401 motion to revise or modify partial summary judgment is GRANTED. The 2/12/2021, 377 Order and Reasons granting summary judgment in fav or of Defendants is modified as follows: IT IS HEREBY ORDERED that Plaintiffs' 212 Motion for Partial Summary Judgment is DENIED. Defendants' 204 Motion for Partial Summary Judgment is GRANTED IN PART. Defendants are entitled to summar y judgment that Plaintiffs have no claim against them for disparate impact discrimination under 42 U.S.C. § 3604(a).IT IS FURTHER ORDERED that Defendants Perrier Condominium Owners Association Inc., Katherine E. Acuff, Christopher J. Jablonowski, and Hanna M Haile's 391 motion to enter final judgment is DENIED. Signed by Judge Susie Morgan on 10/28/2021.(pp)
September 9, 2021 Opinion or Order Filing 406 ORDER AND REASONS: IT IS ORDERED, for the foregoing reasons, that Defendants' 386 motion to disqualify Cashauna Hill as counsel to Plaintiffs Dwayne and Phallon Treece, is GRANTED. Signed by Judge Susie Morgan on 9/9/2021. (pp)
February 12, 2021 Opinion or Order Filing 377 ORDER AND REASONS - IT IS HEREBY ORDERED that Plaintiffs' 212 Motion for Partial Summary Judgment is DENIED. Defendants' 204 Motion for Partial Summary Judgment is GRANTED. Defendants are entitled to summary judgment that Plaintiffs have no claim against them under 42 U.S.C. § 3604(a) or under § 3617 based on a violation of § 3604(a). Signed by Judge Susie Morgan on 2/12/2021. (sbs)
April 2, 2020 Opinion or Order Filing 352 ORDER AND REASONS denying 340 MOTION to Lift Stay and Reconsider Order Denying Haile's Motion for Partial Summary Judgment. Signed by Judge Susie Morgan on 4/2/2020. (sbs)
March 23, 2020 Opinion or Order Filing 344 ORDER AND REASONS denying 336 Motion to Lift Stay and Reconsider Order Granting in Part Plaintiffs' Motion for Partial Summary Judgment and Denying Defendants' Motion for Partial Summary Judgment. Signed by Judge Susie Morgan on 3/23/2020. (sbs)
February 14, 2020 Opinion or Order Filing 332 ORDER AND REASONS - IT IS ORDERED that Defendants' 204 motion for partial summary judgment is DENIED. IT IS FURTHER ORDERED that Plaintiffs' 212 motion for partial summary judgment is GRANTED IN PART. Plaintiffs are entitled to summar y judgment that there is a substantial statistical disparity between the effect of Perrier Condominium's square foot and 400 square foot occupancy limits on families with children and households without children. IT IS FURTHER ORDERED that Plai ntiffs' motion for partial summary judgment is DEFERRED IN PART. The Court has made no finding regarding whether the "robust causality" requirement of Plaintiffs' prima facie case has been met. IT IS FURTHER ORDERED that Plainti ffs' motion for partial summary judgment is DENIED IN PART as there are disputed issues of material fact regarding the Defendants' justifications for enforcing an occupancy limit and whether there are nondiscriminatory alternatives to serve those interests. IT IS FURTHER ORDERED that Defendants' 207 motion in limine to exclude the testimony of Dr. Bradford is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' 206 motion in limine to exclude the testimony of Dr. Robins is G RANTED. IT IS FURTHER ORDERED that this action be ADMINISTRATIVELY CLOSED and STAYED. The Clerk of Court shall mark this action as "CLOSED" for statistical purposes. This Court shall retain jurisdiction, and these cases shall be restored to the trial docket upon motion of a party either upon the U.S. Supreme Court's denial of the petition for a writ of certiorari or, if the petition is granted, issuance of an opinion in Inclusive Communities. Signed by Judge Susie Morgan. (bwn)
December 2, 2019 Opinion or Order Filing 174 ORDER AND REASONS - IT IS ORDERED, for the reasons herein, that Defendants' 117 motion for summary judgment that they are exempt from liability under § 3603(b)(2) is DENIED, and summary judgment is GRANTED in favor of Plaintiffs that the § 3603(b)(2) exemption does not apply. IT IS FURTHER ORDERED that Defendants' motion for summary judgment that they are not liable to Plaintiffs under § 3604(c) is GRANTED. IT IS FURTHER ORDERED that Defendants' motion for summa ry judgment that they are not liable to Plaintiffs under § 3617 is DENIED. IT IS FURTHER ORDERED that Defendants Acuff, Jablonowski, and Haile's motion for summary judgment that they are not personally liable to Plaintiffs is DENIED. Signed by Judge Susie Morgan. (bwn)
October 12, 2018 Opinion or Order Filing 41 ORDER AND REASONS granting in part and denying in part 30 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Susie Morgan. (bwn)
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Plaintiff: Dwayne Treece
Represented By: John Nelson Adcock
Represented By: Elizabeth Joanne Owen
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Plaintiff: Phallon Treece
Represented By: John Nelson Adcock
Represented By: Elizabeth Joanne Owen
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Defendant: Clifford Harlan
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