Massachusetts Fair Housing Center and Housing Works Inc., v. United States Department of Housing and Urban Development and Ben Carson
Plaintiff: Housing Works, Inc. and Massachusetts Fair Housing Center
Defendant: Secretary Ben Carson and United States Department of Housing and Urban Development
Amicus Curiae: National Housing Law Project, Public Justice Center, National Consumer Law Center, Kansas Appleseed, Shriver Center on Poverty Law and Nebraska Appleseed
Case Number: 3:2020cv11765
Filed: September 28, 2020
Court: US District Court for the District of Massachusetts
Presiding Judge: Mark G Mastroianni
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:551
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2020 Filing 32 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #19 Motion for Leave to Appear Pro Hac Vice. ALLOWED. Added Clayton Pasley, Katherine Walz, Renee M. Williams, Marie Claire Tran-Leung, and Eric Sirota. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)
November 23, 2020 Filing 31 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #30 Consent MOTION for Extension of Time to 30 days for defendant HUD to File Answer to plaintiff's #1 Complaint. (Lindsay, Maurice)
November 20, 2020 Filing 30 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Ben Carson, United States Department of Housing and Urban Development. (Attachments: #1 Text of Proposed Order)(Todd, James)
October 25, 2020 Filing 29 Judge Mark G. Mastroianni: ORDER entered: PRELIMINARY INJUNCTION. For the reasons stated in Memorandum and Order, the court ALLOWS Plaintiffs Motion for a Preliminary Injunction Under 5 U.S.C. 705 to Postpone the Effective Date of HUDs Unlawful New Rule (Dkt. No. 11). It is so Ordered. See attached Memorandum and Order. (Rivera, Christina) (Main Document 29 replaced on 10/27/2020) (Lindsay, Maurice).
October 16, 2020 Filing 28 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Counsel appear for Motion Hearing held on 10/16/2020 re #11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Housing Works, Inc., Massachusetts Fair Housing Center. Arguments heard. Matter taken under advisement. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Lewis, Makarious, Lee, Sampton, Todd) (Healy, Bethaney)
October 16, 2020 Filing 27 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting in part and denying in part #25 Motion for Leave to File Reply Brief and Supplemental Declarations. The court allows Plaintiffs' motion to the extent it seeks leave to file a reply brief, but denies the motion as to the request to file supplemental declarations. As the government argues, the supplemental declarations come too late for purposes of the preliminary injunction, especially given that the factual assertions could have been raised in Plaintiffs' original filings in support of the injunction request. The court will, however, consider the legal arguments raised in the reply brief. (Figueroa, Tamara)
October 15, 2020 Filing 26 MEMORANDUM in Opposition re #25 MOTION for Leave to File Reply Brief and Supplemental Declarations in Support of Plaintiffs' Motion Under 5 U.S.C. Section705 to Postpone the Effective Date of HUD's Unlawful New Rule filed by Ben Carson, United States Department of Housing and Urban Development. (Andrapalliyal, Vinita)
October 15, 2020 Filing 25 MOTION for Leave to File Reply Brief and Supplemental Declarations in Support of Plaintiffs' Motion Under 5 U.S.C. Section705 to Postpone the Effective Date of HUD's Unlawful New Rule by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Makarious, Mina)
October 14, 2020 Filing 24 MEMORANDUM in Opposition re #11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Ben Carson, United States Department of Housing and Urban Development. (Attachments: #1 Exhibit A: Plaintiff Mass. Fair Hous. Ctr.'s 2018 Comment, #2 Exhibit B: Plaintiff Mass. Fair Hous. Ctr.'s 2019 Comment)(Todd, James)
October 14, 2020 Filing 23 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #16 Consent Motion for Leave to File Excess Pages, #20 Assented to Motion for Leave to File Amicus Brief in Support of Plaintiffs, and #22 Assented to Motion for Leave to File Amicus Brief. In addition, the parties will be limited to 25 minutes each for oral argument. (Lindsay, Maurice)
October 13, 2020 Filing 22 Assented to MOTION for Leave to File Amicus Brief by National Consumer Law Center. (Attachments: #1 Exhibit Attachment A Proposed Amicus Brief)(Rossman, Stuart)
October 13, 2020 Filing 21 NOTICE of Appearance by Stuart T. Rossman on behalf of National Consumer Law Center (Rossman, Stuart)
October 13, 2020 Filing 20 Assented to MOTION for Leave to File Amicus Brief in Support of Plaintiffs by Kansas Appleseed, National Housing Law Project, Nebraska Appleseed, Public Justice Center, Shriver Center on Poverty Law. (Attachments: #1 Exhibit Brief of Amicus Curiae)(Daniels, Joshua)
October 13, 2020 Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Eric Sirota, Marie Claire Tran-Leung, Clayton Pasley, Katherine Walz, Renee M. Williams Filing fee: $ 500, receipt number 0101-8460921 by National Housing Law Project, Shriver Center on Poverty Law. (Attachments: #1 Exhibit Exhibit A - Declarations of Eric Sirota, Marie Claire Tran-Leung, Clayton Pasley, Katherine Walz, and Renee M. Williams in Support of Motion for Admission Pro Hac Vice)(Daniels, Joshua)
October 13, 2020 Filing 18 NOTICE of Appearance by Joshua M. Daniels on behalf of National Housing Law Project, Shriver Center on Poverty Law, Kansas Appleseed, Nebraska Appleseed, Public Justice Center (Daniels, Joshua)
October 13, 2020 Filing 17 NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of Ben Carson, United States Department of Housing and Urban Development (Andrapalliyal, Vinita)
October 13, 2020 Filing 16 Consent MOTION for Leave to File Excess Pages for Defendants' Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction and a Stay Under 5 U.S.C. 705 by Ben Carson, United States Department of Housing and Urban Development. (Attachments: #1 Text of Proposed Order)(Todd, James)
October 13, 2020 Filing 15 NOTICE of Appearance by James D. Todd, Jr on behalf of Ben Carson, United States Department of Housing and Urban Development (Todd, James)
October 6, 2020 Filing 14 ELECTRONIC NOTICE of Motion Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Motion Hearing set for 10/16/2020 at 10:15 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. (Figueroa, Tamara)
October 6, 2020 Filing 13 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered re: #11 Motion for Preliminary Injunction. Defendant shall file any opposition to Plaintiffs' Motion for Preliminary Injunction by October 14, 2020. The court intends to hold a hearing on October 16, 2020; notice of the hearing will issue separately. Plaintiff shall serve Defendant with this order as soon as possible. (Figueroa, Tamara)
October 6, 2020 Filing 12 MEMORANDUM in Support re #11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule filed by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: #1 Exhibit Declaration of Meris Bergquist, #2 Exhibit Declaration of Armen Merjian, #3 Exhibit Declaration of Jo-Ann Barbour, #4 Exhibit Declaration of William Berman, #5 Exhibit Declaration of Andrew DeFranza, #6 Exhibit Declaration of Jane Edmonstone, #7 Exhibit Declaration of Lewis Finfer, #8 Exhibit Declaration of Lisa Guisbond, #9 Exhibit Declaration of Joseph Michalakes, #10 Exhibit Declaration of Lisa Owens, #11 Exhibit Declaration of Dinanyili Paulino, #12 Exhibit Declaration of Brenda Torpy, #13 Exhibit Declaration of Dwaign Tyndal, #14 Exhibit Declaration of Ted Wimpey, #15 Exhibit Declaration of John Woods)(Makarious, Mina) (Attachment 9 replaced on 10/6/2020)PDF Attachment for Exhibit 9 had an error upon uploading Modified on 10/6/2020 (Zamorski, Michael).
October 6, 2020 Filing 11 MOTION for Preliminary Injunction Under 5 U.S.C. Sec. 705 to Postpone Effective Date of HUD's Unlawful New Rule by Housing Works, Inc., Massachusetts Fair Housing Center.(Makarious, Mina)
September 29, 2020 Filing 10 NOTICE of Appearance by Oren M. Sellstrom on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Sellstrom, Oren)
September 29, 2020 Filing 9 CORPORATE DISCLOSURE STATEMENT by Housing Works, Inc.. (Makarious, Mina)
September 29, 2020 Filing 8 CORPORATE DISCLOSURE STATEMENT by Massachusetts Fair Housing Center. (Makarious, Mina)
September 29, 2020 Filing 7 NOTICE of Appearance by Lauren A. Sampson on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Sampson, Lauren)
September 29, 2020 Filing 6 NOTICE of Appearance by Annie Lee on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Lee, Annie)
September 29, 2020 Filing 5 NOTICE of Appearance by Scott P. Lewis on behalf of Housing Works, Inc., Massachusetts Fair Housing Center (Lewis, Scott)
September 28, 2020 Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Healy, Bethaney)
September 28, 2020 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Healy, Bethaney)
September 28, 2020 Filing 2 Case transferred to Western Division (Springfield). (Pacho, Arnold)
September 28, 2020 Filing 1 COMPLAINT against United States Department of Housing and Urban Development, Ben Carson Filing fee: $ 400, receipt number 0101-8437693 (Fee Status: Filing Fee paid), filed by Housing Works, Inc., Massachusetts Fair Housing Center. (Attachments: #1 Civil Category Sheet, #2 Civil Cover Sheet, #3 Exhibit A to Complaint, #4 Exhibit B to Complaint)(Makarious, Mina) Modified docket text on 9/28/2020 (Pacho, Arnold).

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Plaintiff: Housing Works, Inc.
Represented By: Mina S. Makarious
Represented By: Lauren A. Sampson
Represented By: Annie Lee
Represented By: Scott P. Lewis
Represented By: Oren M. Sellstrom
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Plaintiff: Massachusetts Fair Housing Center
Represented By: Mina S. Makarious
Represented By: Lauren A. Sampson
Represented By: Annie Lee
Represented By: Scott P. Lewis
Represented By: Oren M. Sellstrom
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Defendant: Secretary Ben Carson
Represented By: James D. Todd, Jr
Represented By: Vinita B. Andrapalliyal
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Defendant: United States Department of Housing and Urban Development
Represented By: James D. Todd, Jr
Represented By: Vinita B. Andrapalliyal
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Amicus curiae: National Housing Law Project
Represented By: Renee M. Williams
Represented By: Katherine Walz
Represented By: Joshua M. Daniels
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Amicus curiae: Public Justice Center
Represented By: Joshua M. Daniels
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Amicus curiae: National Consumer Law Center
Represented By: Stuart T. Rossman
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Amicus curiae: Kansas Appleseed
Represented By: Joshua M. Daniels
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Amicus curiae: Shriver Center on Poverty Law
Represented By: Marie Claire Tran-Leung
Represented By: Clayton Pasley
Represented By: Joshua M. Daniels
Represented By: Eric Sirota
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Amicus curiae: Nebraska Appleseed
Represented By: Joshua M. Daniels
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