Discovery Real Estate and Development, LLC v. Town of St. Francisville et al
| Discovery Real Estate and Development, LLC |
| Town of St. Francisville, Robert "Bobee" Leake, Robert Leake and Bobee |
| 3:2022cv00605 |
| August 30, 2022 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Scott D Johnson |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| None |
Docket Report
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Filing 31
RULING AND ORDER: Defendants' Motion to Dismiss Plaintiff's Claim under the Fair Housing Act for Lack of Subject Matter Jurisdiction, Failure to State a Claim, and/or to Dismiss or Stay under Colorado River Abstention (Doc. 18) filed by Defendants Town of St. Francisville and Robert "Bobee" Leake is GRANTED IN PART in that the Fair Housing Act claim brought by Plaintiff Discovery Real Estate and Development, LLC is DISMISSED WITHOUT PREJUDICE for lack of standing and ripeness. In all other respects, the FHA MTD is DENIED IN PART AS MOOT. IT IS FURTHER ORDERED that the Plaintiff's Application for Temporary Restraining Order and Motion for Preliminary Injunction (Doc. 3) is DENIED. Signed by Judge John W. deGravelles on 10/05/2022. (KDC)
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| Terminate Hearings (LLH) |
| Filing 30 Notice to Counsel: The parties previously represented that the hearing on the temporary restraining order could be decided with few witnesses and little evidence beyond what was submitted with briefs. On September 29, 2022, the parties filed witness and exhibits lists identifying seven potential witnesses and other exhibits not previously identified. Given this change, given the emergency nature of a motion for a temporary restraining order, and given the need to rule on an expedited basis, IT IS ORDERED that the October 6, 2022, hearing is CANCELLED and that the Court will decide the pending motions on the briefs. If injunctive relief is granted, the Court will schedule a preliminary injunction hearing on an expedited basis and will allow witnesses and further evidence in conjunction with that hearing.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 29 Exhibit List and Witness List by Robert Leake, Town of St. Francisville.. (Moore, Jonathan) |
| Filing 28 Exhibit List and Witness List by Discovery Real Estate and Development, LLC.. (Gambino, Anthony) |
| Filing 27 Notice to Counsel: A bench book of exhibits, one (1) copy from each party, (bates numbered), shall be delivered to chambers by 11:00 a.m. on Tuesday, October 4, 2022. If there are joint exhibits, the joint exhibit book is also due on by 11:00 a.m. on Tuesday, October 4, 2022. In addition to a bench book, electronic evidence files shall be provided to the Courtroom Deputy, by each party, using the Courts Electronic Evidence Online submission tool through CM/ECF by 5:00 p.m. on October 4, 2022. These files will be utilized BY THE COURT ONLY and will not be provided to an opposing party. Instructions for using evidence online submission can be found by using the following link to JERS web page: http://www.lamd.uscourts.gov/JERS. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
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Filing 26
ORDER granting #25 Motion for Extension of Time until 11/2/2022 to respond to #19 MOTION to Dismiss Count II for Lack of Subject Matter Jurisdiction /MOTION to Dismiss for Failure to State a Claim . Any Replies shall be filed by 11/16/2022. Signed by Judge John W. deGravelles on 09/27/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
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| Filing 25 Ex Parte MOTION for Extension of Time to File Response to #19 MOTION to Dismiss Count II for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim by Discovery Real Estate and Development, LLC (Attachments: #1 Proposed Order)(Blunt, Shelton) |
| Filing 24 MEMORANDUM in Opposition to #18 MOTION to Dismiss the FHA Claim Pursuant to Federal Rule 12(b)(1) for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim the FHA Claim for Mandatory Injunctive Relief Purusant to Rule 12(b)(6) and Motion to Stay or Dismiss Under the Colorado River Abstention Doctrine filed by Discovery Real Estate and Development, LLC. (Attachments: #1 Exhibit L Peremptory Exception, #2 Exhibit M Second Peremptory Exception, #3 Exhibit N Transcript of Hearing)(Blunt, Shelton) Modified on 9/27/2022 to remove duplicate description of attachments (JEG). |
| Filing 23 REPLY in Support of #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Discovery Real Estate and Development, LLC. (Attachments: #1 Exhibit J - Email to Laurie Walsh with Revised Site Plan Submittal, #2 Exhibit K - Email from Laurie Walsh with Moratorium)(Blunt, Shelton) Modified on 9/27/2022 to remove duplicate description of attachments (JEG). |
| Filing 22 AMENDED Notice to Counsel: In order to give the Court adequate time to prepare for hearing, the deadline for Plaintiff's reply brief is amended and shall be filed by 8:00 a.m. on September 27, 2022. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 21 Certificate of Interested Persons by Robert Leake, Town of St. Francisville (Moore, Jonathan) |
| Filing 20 MEMORANDUM in Opposition to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit List, #2 Exhibit A - Map Showing Resubdivision, #3 Exhibit B - Letter Regarding Engineering Report, #4 Exhibit C - Ordinance 2020-4, Sewer Capacity Ordinance, #5 Exhibit D - Ordinance 2021-1, Levy 1/2 Sales Tax (sewerage treatment facilities), #6 Exhibit E - Ordinance 2021-3, Sewer Capacity Ordinance - Amended and Extended, #7 Exhibit F - Ordinance 2022-4, Sewer Bond Financing, #8 Exhibit G - Ordinance 2022-7, Sewer Capacity Ordinance - Renewed and Extended, #9 Exhibit H - Town Preliminary Staff Report, #10 Exhibit I - Scott Sanchez E-Mail Re Density, #11 Exhibit J - State Court Petition (20th Judicial District Court), #12 Exhibit K - State Court Order - Exceptions and Injunction (20th Judicial District Court), #13 Exhibit L - 2022 Changes - Ordinance 2022-1 Text Amendment to CZO)(Moore, Jonathan) |
| Filing 19 MOTION to Dismiss Count II for Lack of Subject Matter Jurisdiction, MOTION to Dismiss for Failure to State a Claim by All Defendants (Attachments: #1 Memorandum in Support, #2 Exhibit List, #3 Exhibit H - Town Preliminary Staff Report, #4 Proposed Order)(Moore, Jonathan) Modified on 9/22/2022 to remove duplicate description of attachment 1 (JEG). |
| Filing 18 MOTION to Dismiss the FHA Claim Pursuant to Federal Rule 12(b)(1) for Lack of Subject Matter Jurisdiction, MOTION to Dismiss for Failure to State a Claim the FHA Claim for Mandatory Injunctive Relief Purusant to Rule 12(b)(6) and Motion to Stay or Dismiss Under the Colorado River Abstention Doctrine by All Defendants (Attachments: #1 Memorandum in Support, #2 Exhibit List, #3 Exhibit A - Map Showing Resubdivision, #4 Exhibit B - Letter regarding Engineering Report, #5 Exhibit C - Ordinance 2020-4, Sewer Capacity Ordinance, #6 Exhibit D - Ordinance 2021-1, Levy 1/2 Sales Tax (sewage treatment facilities), #7 Exhibit E - Ordinance 2021-3, Sewer Capacity Ordinance - Amended and Extended, #8 Exhibit F - Ordinance 2022-4, Sewer Bond Financing, #9 Exhibit G - Ordinance 2022-7, Sewer Capacity Ordinance - Renewed and Extended, #10 Exhibit H - Town Preliminary Staff Report, #11 Exhibit I - Scott Sanchez E-Mail Re Density, #12 Exhibit J - State Court Petition (20th Judicial District Court), #13 Exhibit K - State Court Order - Exceptions and Injunction (20th Judicial District Court), #14 Exhibit L - 2022 Changes - Ordinance 2022-1 Text Amendment to CZO, #15 Proposed Order)(Moore, Jonathan) Modified on 9/22/2022 to remove duplicate description of attachment 1 (JEG). |
| Filing 17 Notice to Counsel: In order to give the Court adequate time to prepare for hearing, the deadline for Plaintiff's reply brief is amended and shall be filed by 8:00 a.m. on October 3, 2022. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
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Filing 16
ORDER granting #15 Request for Expedited Consideration. IT IS FURTHER ORDERED that the #15 Consent MOTION for Extension of Time to File Response is granted as set forth in document. IT IS FURTHER ORDERED that the remaining deadlines identified in the Courts Notice (Doc. 14) shall remain and are not modified by this Order. Signed by Judge John W. deGravelles on 9/14/2022. (JEG)
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| Filing 15 Consent MOTION for Extension of Time to File Response to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by All Defendants (Attachments: #1 Proposed Order)(Moore, Jonathan). Added MOTION for Expedited Consideration on 9/14/2022 (JEG). |
| Filing 14 NOTICE: The hearing on Plaintiff's Application for Temporary Restraining Order and Motion for Preliminary Injunction (Doc. 3) ("Motion") is hereby set for October 6, 2022, at 9:00 a.m. in Courtroom 1. Defendant shall file any opposition or responsive pleadings to the Motion by Monday, September 19, 2022, at noon. Plaintiff may file a reply by Friday, September 23, 2022, at noon. The parties shall submit their witness and exhibit list for the hearing by Thursday, September 29, 2022. No discovery will be allowed in advance of the hearing at this time. Issues related to standing will be decided on the pleading at this time. Should the Court's position change in light of the parties' briefing, the Court will issue a new order allowing discovery and re-setting the hearing on the Motion.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) |
| Filing 13 Memorandum and Proposed Preliminary Scheduling Order by Robert Leake, Town of St. Francisville (Attachments: #1 Exhibit A - Proposed Discovery Requests, #2 Exhibit B - Sewer Capacity Ordinance 2020-4, #3 Exhibit C - Amended and Extended Sewer Capacity Ordinance 2021-3, #4 Exhibit D - Renewed and Extended Sewer Capacity Ordinance 2022-7, #5 Exhibit E - State Court Petition, #6 Exhibit F - State Court Order re Discovery Request for Injunctive Relief, #7 Exhibit G - Planning Commission Preliminary Staff Report)(Moore, Jonathan) Modified on 9/13/2022 to edit title of document (JEG). |
| Filing 12 Proposed Briefing Schedule by Discovery Real Estate and Development, LLC (Blunt, Shelton) Modified on 9/13/2022 to edit title of document (JEG). |
| Filing 11 Minute Entry for proceedings held before Judge John W. deGravelles: A Status Conference was held on 9/9/2022 by zoom. Discussions regarding procedural mechanism for the request for temporary restraining order continued. The Court will allow the parties to continue to discuss this matter amongst themselves and orders that the parties file a brief, no later than 5:00 p.m. on Monday, September 12, 2022 as set forth in document. (JEG) |
| Filing 10 Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference by zoom held on 9/7/2022. The Court advised Counsel that the #3 Motion for Temporary Restraining Order will not be granted on the pleadings. The Court continues today's status conference to 9/9/2022 at 09:00 AM by video before Judge John W. deGravelles. The parties have not had any settlement discussions regarding this case. (EDC) |
| Filing 9 Notice to Counsel: Status Conference before the District Judge set for 9/7/2022 at 11:00 AM by zoom before Judge John W. deGravelles. Counsel for Plaintiff is responsible for advising counsel for Defendants of the date and time of this conference.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) |
| Filing 8 NOTICE OF Conventional Filing in Clerk's Office of Exhibit I by Discovery Real Estate and Development, LLC re #1 Complaint. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) |
| Filing 7 Exhibit(s) to #1 Complaint, by Discovery Real Estate and Development, LLC. (Attachments: #1 Exhibit A. West Feliciana Comprehensive Plan, #2 Exhibit B. Comprehensive Zoning Ordinance, #3 Exhibit C. Act of Sale, #4 Exhibit D. Parker District Master Plan, #5 Exhibit E. Architect Drawings, #6 Exhibit F. Email, #7 Exhibit G. Email, #8 Exhibit H. Official Zoning Map, #9 Exhibit I. Audio Recording)(Gambino, Anthony) |
| Filing 6 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Complaint. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (JEG) |
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Filing 5
ORDER granting #2 MOTION for Leave to File Exhibit Conventionally filed by Discovery Real Estate and Development, LLC. Signed by Judge John W. deGravelles on 08/31/2022. (KDC)
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| Filing 4 Certificate of Interested Persons by Discovery Real Estate and Development, LLC identifying Affiliate/Interested Person Scott Sanchez, Affiliate/Interested Person Michael Powers for Discovery Real Estate and Development, LLC. (Gambino, Anthony) |
| Filing 3 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Discovery Real Estate and Development, LLC (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Blunt, Shelton). Added MOTION for Preliminary Injunction on 8/31/2022 (JEG). |
| Filing 2 MOTION for Leave to File Exhibit Conventionally by Discovery Real Estate and Development, LLC (Attachments: #1 Proposed Order)(Blunt, Shelton) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2471132.), filed by Discovery Real Estate and Development, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Blunt, Shelton) |
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