Freedom's Path at Dayton v. Dayton Metropolitan Housing Authority
| Freedom's Path at Dayton |
| Dayton Metropolitan Housing Authority |
| 3:2016cv00466 |
| November 10, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| ADAMS |
| Walter H. Rice |
| Housing/Accommodations |
| 28 U.S.C. ยง 1331 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
186
ENTRY and ORDER denying Dayton Metropolitan Housing Authority's Motion for Award of Attorney's Fees 167 . Signed by Judge Thomas M. Rose on 10/6/2022. (csm)
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Filing
154
ORDER denying 146 Defendants Motion in Limine to Preclude Plaintiff Dayton Veterans Residences Limited Partnership d/b/a Freedom's Path at Dayton from Presenting Developer Fees as Damages. Signed by Judge Thomas M. Rose on June 13, 2022. (jab)
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Filing
142
ENTRY AND ORDER granting in part and denying in part Plaintiff's First Requests for Judicial Notice 82 and granting in part and denying in part Plaintiff's Second Request for Judicial Notice 88 . Signed by Judge Thomas M. Rose on 6/3/2022. (csm)
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Filing
137
ORDER granting 86 Motion in Limine and granting 106 Motion for Leave to File. Signed by Judge Thomas M. Rose on June 1, 2021. (jab)
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Filing
136
ENTRY AND ORDER denying Defendant Dayton Metropolitan Housing Authority's Supplemental Motion in Limine to Limit Trial Testimony and Exclude Plaintiff's Trial Materials Pursuant to the Law of the Case 117 . Signed by Judge Thomas M. Rose on 5/26/2022. (csm)
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Filing
132
ENTRY AND ORDER denying Defendant Dayton Metropolitan Housing Authority's Motion for Non-Jury Trial 120 . Signed by Judge Thomas M. Rose on 5/24/2022. (csm)
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Filing
110
CLERK'S JUDGMENT. Signed on 1/5/2021. (kma)
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Filing
102
ORDER OF RECUSAL. Judge Walter H. Rice recused. Case reassigned to Judge Thomas M. Rose for all further proceedings. Signed by Judge Walter H. Rice on 2/4/2020. (kma)
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Filing
66
ORDER OF REFERENCE - Pursuant to 28 U.S.C. §636(b)(1)(A), (B), and (C), and §636(b)(3), the above-captioned action is hereby referred to United States Magistrate Judge Michael J. Newman, for purposes of conducting a mediation. Signed by Judge Walter H. Rice on 2/12/2019. (srb)
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Filing
65
DECISION AND ENTRY OVERRULING IN PART AND SUSTAINING IN PART DAYTON METROPOLITAN HOUSING AUTHORITY'S MOTION FOR SUMMARY JUDGMENT (DOC. # 40 ); OVERRULINGPLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. # 41 ); OVERRULING DAYTON METROP OLITAN HOUSING AUTHORITY'S MOTION TO STRIKE (DOC. # 48 ); CONFERENCECALL SET FOR APRIL 10, 2019, AT 5:00 P.M.- The Court OVERRULES Greater Dayton Premier Management's Motion to Strike Declaration of Craig Taylor, Doc. #48, and Freedom' s Path's Motion for Partial Summary Judgment, Doc. #41. Greater Dayton Premier Management's Motion for Summary Judgment, Doc. #40, is SUSTAINED IN PART and OVERRULED IN PART. Greater Dayton Premier Management is entitled tosummary judgment on Plaintiff's claims of intentional discrimination and disparate impact. However, genuine issues of material fact preclude summary judgment on Plaintiff's "reasonable accommodation" claim under the ADA and the FHA. The Court will convene a conference call on Wednesday, April 10, 2018, at 5:00 p.m. (EDT), to set a new trial date, a new deadline for filing pretrial motions, and to discuss the parties' interest in mediation. Signed by Judge Walter H. Rice on 3/25/19. (kma)
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Filing
51
ENTRY GRANTING DAYTON METROPOLITAN HOUSING AUTHORITY'S MOTION FOR LEAVE TO EXCEED MEMORANDA PAGE LIMIT- Upon Defendant Dayton Metropolitan Housing Authority's motion and for good cause shown, DMHA is hereby granted leave to submit its Reply Memorandum in Support of Motion for Summary Judgment exceeding the page limitation contained in this Court's General Order No. Day 12-01 - Pretrial and Trial Procedures. DMHA's Reply Memorandum in Support of Motion for Summary Judgment shall not exceed 27 pages in length. Signed by Judge Walter H. Rice on 7/3/18. (kma)
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Filing
45
DECISION AND ENTRY- IT IS THEREFORE ORDERED THAT: 1. Defendants Motion for Protective Order (Doc. # 28 ) is denied; and 2. Plaintiffs Motion to Compel Discovery and Request for Attorneys Fees and Expenses (Doc. # 29 ) is granted, in part, and denied, in part.. Signed by Magistrate Judge Sharon L. Ovington on 6/13/18. (kma)
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Filing
19
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 17 ); OVERRULING DEFENDANT'S MOTION TO DISMISS UNDER 12(b)( 1) AND 12(b)(6) (DOC. # 7 )- Based on the reasoning and citations of authority set f orth by United States Magistrate Judge Sharon L. Ovington in her Report and Recommendations, Doc. # 1 7 , as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entir ety. The Court notes that, although the parties were notified of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Accordingly, the Court OVERRULES Defendant's Motion to Dismiss Under 12(b)(1) and 12(b)(6), Doc. # 7 . Signed by Judge Walter H. Rice on 9/6/17. (kma)
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Filing
17
REPORT AND RECOMMENDATIONS In light of the above discussion concerning Plaintiffs present, non-speculative injury in fact, supra, § III, particularly its financial injury, and given GDPMs opposition to Plaintiffs assertion of standing and the me rits of its claims, the amended complaint asserts sufficient allegations to make Plaintiffs FHA claim ripe and fit for adjudication.Deferring consideration of the parties dispute over Plaintiffs FHA claim will cause them hardship by leaving unresolve d the issue of whether Plaintiff is entitled to relief in the form of damages, declaration, or injunction. IT IS THEREFORE RECOMMENDED THAT: Defendant GDPMs Motion to Dismiss under 12(b)(1) and 12(b)(6) (Doc. # 7 ) be denied. Objections to R&R due by 9/5/2017. Signed by Magistrate Judge Sharon L. Ovington on 8/22/17. (kma)
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Filing
8
DECISION AND ENTRY OVERRULING AS MOOT DEFENDANT'S MOTION TO DISMISS UNDER 12(b)(1) AND 12(b)(6) (DOC. # 5 )- Given the subsequent filing of the Amended Complaint, Doc. # 6 , and the Motion to Dismiss the Amended Complaint, Doc. # 7 , Defendant's earlier Motion to Dismiss Under 12(b)( 1) and 12(b)(6), Doc. # 5 , is OVERRULED AS MOOT. Signed by Judge Walter H. Rice on 2/14/17. (kma)
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| Defendant: Dayton Metropolitan Housing Authority | |
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| Plaintiff: Freedom's Path at Dayton | |
| Represented By: | Mark R Brown |
| Represented By: | James Kellogg Green |
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