Mendoza, et al v. Frenchman Hill, et al
| Fermin Mendoza and - Frenchman Hill Apartments Resident Association |
| - - Frenchman Hill Apartments Limited Partnership, Cambridge Management Inc, - Housing Authority of Grant County, John Poling, Washington State Housing Finance Commission and Kim Herman |
| 2:2003cv00494 |
| December 29, 2003 |
| US District Court for the Eastern District of Washington |
| Robert H Whaley |
| Civil Rights: Accomodations |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on May 16, 2005. A more recent docket listing may be available from PACER.
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| Filing 78 JUDGMENT in favor of Plaintiffs against Defendants with respect to Plaintiff's Section 1983 Due Process Claim for Declaratory Judgment. However, Judgment is in favor of Defendants and against Plaintiffs on all remaining claims. (RF, Case Administrator) |
Filing 77
ORDER ENTERING JUDGMENT AND DENYING PLAINTIFFS' REQUEST FOR ATTORNEY'S FEES denying #66 Motion for Attorney Fees. Signed by Judge Robert H. Whaley. (RF, Case Administrator)
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| Filing 76 Plaintiffs' Reply to Defendants' Responses to #66 MOTION for Attorney Fees MOTION to Reopen Case filed by Fermin Mendoza, Frenchman Hill Apartments Resident Association. (RF, Case Administrator) |
| Filing 75 Praecipe filed by - - Frenchman Hill Apartments Limited Partnership, Cambridge Management Inc, - Housing Authority of Grant County, John Poling: for Limited Partnership Defendants Opposition to Plaintiffs Motion to Reopen and Award Attorneys Fees. (Attachments: #1 Declaration of Service)(Miller, Jeffrey) |
| Filing 74 Praecipe filed by - - Frenchman Hill Apartments Limited Partnership, Cambridge Management Inc, - Housing Authority of Grant County, John Poling: for Limited Partnership Defendants Opposition to Plaintiffs Motion to Reopen and Award Attorneys Fees and Declaration of Service. (Attachments: #1 Declaration of Service)(Miller, Jeffrey) |
| Filing 73 Praecipe filed by Washington State Housing Finance Commission: Re #70 Response to Motion (Proposed) Order Denying Plaintiffs' Motion. (Tramountanas, Athan) |
| Filing 72 DECLARATION of Service by - - Frenchman Hill Apartments Limited Partnership, Cambridge Management Inc, - Housing Authority of Grant County, John Poling. (Miller, Jeffrey) |
| Filing 71 MEMORANDUM in Opposition re #66 MOTION for Attorney Fees MOTION to Reopen Case filed by - - Frenchman Hill Apartments Limited Partnership, Cambridge Management Inc, - Housing Authority of Grant County, John Poling. (Miller, Jeffrey) |
| Filing 70 RESPONSE to Motion re #66 MOTION for Attorney Fees MOTION to Reopen Case filed by Washington State Housing Finance Commission. (Tramountanas, Athan) |
| Filing 69 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Washington State Housing Finance Commission. Attorney John R. Nelson is withdrawing. Athan E Tramountanas is substituted as counsel for Defendant. (Tramountanas, Athan) |
| Filing 68 NOTICE of Hearing on Motion re #66 MOTION for Attorney Fees MOTION to Reopen Case: Motion Hearing set for 4/22/2005 at 06:30 PM Without Oral Argument for #66 , before Judge Robert H. Whaley (CR, Case Administrator) |
| Filing 67 DECLARATION by Steve Fredrickson in Support of #66 MOTION for Attorney Fees and MOTION to Reopen Case filed by Plaintiffs Fermin Mendoza and Frenchman Hill Apartments Resident Association. (RF, Case Administrator) |
| Filing 66 MOTION for Attorney Fees and MOTION to Reopen Case by all plaintiffs. (Attachments: #1 Text of Proposed Order)(RF, Case Administrator) |
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Filing 65
ORDER CLOSING FILE. Plaintiffs' Retaliatory Eviction Claim is DISMISSED WITHOUT PREJUDICE. Signed by Judge Robert H. Whaley. (RF, Case Administrator)
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| Filing 64 STIPULATION of Dismissal Stipulation to Voluntary Dismissal of Plaintiffs' Retaliatory Eviction Claim by Fermin Mendoza, - Frenchman Hill Apartments Resident Association. (Attachments: #1 Text of Proposed Order Proposed Order Dismissing Plaintiffs' Retaliatory Eviction Claim)(Lurie, Judith) |
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Filing 63
ORDER GRANTING, SUA SPONTE, PARTIAL SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS Status Conference set for 3/2/2005 at 2:30 PM with Telephonic Argument before Judge Robert H. Whaley. Signed by Judge Robert H. Whaley. (RF, Case Administrator)
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| Filing 62 OBJECTIONS re #60 Order on Motion for Summary Judgment Plaintiffs' Objection to Sua Sponte Entry of Summary Judgment for Defendants by Fermin Mendoza, - Frenchman Hill Apartments Resident Association. (Lurie, Judith) |
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Filing 61
ORDER STRIKING JURY TRIAL DATE, inter alia. All pretrial deadlines re #23 Scheduling Order are STRICKEN . Signed by Judge Robert H. Whaley. (CR, Case Administrator)
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Filing 60
ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT granting in part and denying in part #31 Motion for Summary Judgment . Signed by Judge Robert H. Whaley. (RF, Case Administrator)
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Filing 59
ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL DATE AND AMEND SCHEDULING ORDER granting #54 Stipulated Motion to Continue; Jury trial of 2/22/05 is STRICKEN AND RESET to 3/28/05 at 9:00 a.m., Spokane, WA before Judge Robert H. Whaley; all other pretrial ddls set forth in paragraphs 8-11 and 13-15 of Court's 11/9/04 Order #40 are hereby CONTINUED precisely three weeks; the court sets a Telephonic Pretrial Conference on 3/10/05 at 11:00 a.m., Spokane, WA before Judge Robert H. Whaley and the parties shall call the Court's conference line.. Signed by Judge Robert H. Whaley. (LE, Case Administrator)
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| Filing 58 OBJECTIONS re #57 Supplement, Plaintiffs' Objection to Limited Partnership Defendants' Supplemental Legal Authorities by Fermin Mendoza, - Frenchman Hill Apartments Resident Association. (Lurie, Judith) |
| Filing 57 SUPPLEMENT re #41 Memorandum in Opposition to Motion, #47 Reply Memorandum, #31 Motion for Summary Judgment Limited Partnership Defendants' Notice of Supplemental Legal Authorities Re: Whether a "State Actor" Being Involved Does, By Itself, Trigger the Due Process Clause by - Housing Authority of Grant County, John Poling. (Attachments: #1 Certificate of Service)(Snyder, David) |
| Filing 56 Minute Entry for proceedings held before Judge Robert H. Whaley : Motion Hearing held on 1/6/2005 re #31 Motion for Summary Judgment filed by Fermin Mendoza,, - Frenchman Hill Apartments Resident Association,. (Reported/Recorded by: Mark Snover) (MF, Courtroom Deputy) |
| Filing 55 NOTICE of Hearing on Motion - By Court Oral Argument Requested re #31 Motion for Summary Judgment, #54 Joint MOTION to Continue Trial Date and Amend Scheduling Order: Motion Hearing set for 1/6/2005 at 01:30 PM Spokane for #31 and for #54 , before Judge Robert H. Whaley (MF, Courtroom Deputy) |
| Filing 54 Joint MOTION to Continue Trial Date and Amend Scheduling Order by Washington State Housing Finance Commission. (Attachments: #1)(Nelson, John) |
| Filing 53 NOTICE of Change of Address by Carol S Vaughn (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 52 NOTICE of Hearing on Motion - By Court Oral Argument Requested re #31 Motion for Summary Judgment: Motion Hearing set on 12/9/04 is reset to 12/20/2004 at 02:30 PM Spokane for #31 , before Judge Robert H. Whaley (MF, Courtroom Deputy) |
| Filing 51 DECLARATION by Judith Lurie in Support re #31 Motion for Summary Judgment In Reply filed by - Frenchman Hill Apartments Resident Association, Fermin Mendoza. (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 50 DECLARATION by Florence R. Brassier in Support re #31 Motion for Summary Judgment In Reply filed by - Frenchman Hill Apartments Resident Association, Fermin Mendoza. (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 49 STATEMENT OF LR 56.1(c) Reply to Housing Finance Commission FACTS re #31 Motion for Summary Judgment filed by - Frenchman Hill Apartments Resident Association, Fermin Mendoza. (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 48 STATEMENT OF LR 56.1(c) Reply to Frenchman Hill Limited Partnership FACTS re #31 Motion for Summary Judgment filed by - Frenchman Hill Apartments Resident Association, Fermin Mendoza. (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 47 REPLY MEMORANDUM re #31 Motion for Summary Judgment filed by - Frenchman Hill Apartments Resident Association, Fermin Mendoza. (Attachments: #1 Certificate of Service)(Vaughn, Carol) |
| Filing 46 CERTIFICATE OF SERVICE by Frenchman Hill Apartments Limited Partnership re #44 Response to Motion, #45 Response to Statement of Material Facts, (RF, Case Administrator) |
| Filing 45 Limited Partnership Defendants' Response to Plaintiffs' Statement of Material Facts in support of their #31 Motion for Summary Judgment filed by Frenchman Hill Apartments Limited Partnership. (Attachments: #1 pgs 21-33)(RF, Case Administrator) |
| Filing 44 Limited Partnership Defendants' RESPONSE to Motion re #31 Motion for Summary Judgment filed by Frenchman Hill Apartments Limited Partnership. (Attachments: #1 Pages 21-22)(RF, Case Administrator) |
| Filing 43 STATEMENT OF LR 56.1(b) Precluding Summary Judgment FACTS re #31 Motion for Summary Judgment filed by Kim Herman, Washington State Housing Finance Commission. (Nelson, John) |
| Filing 42 DECLARATION by Mark Flynn in Opposition re #31 Motion for Summary Judgment filed by Kim Herman, Washington State Housing Finance Commission. (Nelson, John) |
| Filing 41 MEMORANDUM in Opposition re #31 Motion for Summary Judgment filed by Kim Herman, Washington State Housing Finance Commission. (Nelson, John) |
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Filing 40
ORDER granting #39 Stipulated Motion to Continue Trial Date and Amend Scheduling Order. Trial is continued to 2/22/05. Motion for Summary Judgment is continued to 12/9/04 at 1:30. Signed by Judge Robert H. Whaley. (RF, Case Administrator)
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| Set/Reset Deadlines as to #31 Motion for Summary Judgment, Motion Hearing set for 12/9/2004 at 01:30 PM Spokane before Judge Robert H. Whaley (RF, Case Administrator) |
| Set/Reset Hearings: Jury Trial set for 2/22/2005 09:00 AM in Spokane before Judge Robert H. Whaley. (RF, Case Administrator) |
| Filing 39 Joint MOTION to Continue Trial Date and Amend Scheduling Order by Washington State Housing Finance Commission. (Attachments: #1 Text of Proposed Order)(Nelson, John) |
| Filing 38 PROPOSED RECEIVED Order Granting motion for summary judgment, declaratory judgment and permanent injunction [31-1] submitted by plaintiff (CR) |
| Filing 37 Notice by plaintiff of hearing setting motion for summary judgment [31-1] ;oral argument 11:00 11/18/04 Spokane, WA (CR) |
| Filing 36 Declaration of Judith Lurie by plaintiff in support of motion for summary judgment [31-1] (CR) |
| Filing 35 Declaration of Elda Verduzco by plaintiff in support of motion for summary judgment [31-1] (CR) |
| Filing 34 Declaration of Fermin Mendoza by plaintiff in support of motion for summary judgment [31-1] (CR) |
| Filing 33 Statement of facts by plaintiff in support of motion for summary judgment [31-1] (CR) |
| Filing 32 Memorandum of Law by plaintiff in support of motion for summary judgment [31-1] (CR) |
| Filing 31 MOTION by plaintiff for summary judgment (CR) |
| Filing 30 ANSWER and AFFIRMATIVE DEFENSES by defendant WA State Housing and defendant Kim Herman to Plaintiff's First Amended Complaint (RF) |
| Filing 29 ANSWER by defendants Frenchman Hill, Cambridge Mgmt Inc, Housing Authority and John Poling to Amended Complaint (RF) |
| Filing 28 Notice of IRS Ruling Rendering Plaintiffs' Federal Claims Moot by defendants (RF) |
| Filing 27 FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF re:complaint [1-1] (RF) |
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Filing 26
STIPULATION AND ORDER EXTENDING PRETRIAL DEADLINES by Judge Robert H. Whaley See order for deadlines re: identification of expert witnesses (cc: all counsel) (RF)
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| Filing 25 PROPOSED RECEIVED Stipulation and Order Extending Pretrial Deadlines submitted by plaintiffs and defendants (RF) |
| Filing 24 Notice of Association of Counsel by defendant Frenchman Hill, defendant Cambridge Mgmt Inc, defendant Housing Authority, defendant John Poling of attorney Thomas Fitzgerald Ahearne and Jeffrey S Miller (RF) |
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Filing 23
Scheduling Conference Order by Senior Judge Wm. Fremming Nielsen (discovery to be complete 9/14/04; Disp mtn ddl: 9/21/04; Mtn in limine ddl: 11/2/04; proposed PTO due 11/12/04; telephonic pretrial conf set for 10:30 11/29/04 Spokane, WA; Jury Trial set 9:00 12/13/04 Spokane, WA) (cc:all counsel) (CR)
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| Filing 22 MINUTES: Telephonic Scheduling Conf Hearing Location: Spokane CR/ER: Debra Clark before Judge Robert H. Whaley (CP) |
| Filing 21 Joint Status Conference Certificate and Discovery Plan (RF) |
| Sched Conference Notice ;telephonic sched conf 9:00 6/2/04 Spokane, WA (MF) |
| Sched Conference Notice ;telephonic sched conf 11:30 6/3/04 Spokane, WA (MF) |
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Filing 20
AGREED ORDER GRANTING PRELIMINARY INJUNCTION by Judge Robert H. Whaley granting motion for temporary restraining order [2-1], granting motion preliminary injunction [2-2] (cc: all counsel) (RF)
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| Filing 19 PROPOSED RECEIVED Agreed Order Granting Preliminary Injunction submitted by plaintiff (RF) |
| Filing 18 ANSWER and Affirmative Defenses by defendant WA State Housing Finance Commission and defendant Kim Herman (RF) |
| Filing 17 ANSWER of Defendant's Frenchman Hill Apartments Limited Partnership, Cambridge Mgmt Inc, Housing Authority of Grant County and John Poling (RF) |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE for defendants Frenchman Hill Apartments Limited Partnership, Cambridge Mgmt Inc, Housing Authority of Grant County, and John Poling; Atty Harold J Moberg appearing (RF) |
| Filing 15 Affidavit of Harold Moberg re: Acceptance of Service by defendant Frenchman Hill Apartments, defendant Cambridge Mgmt Inc, defendant Housing Authority, and defendant John Poling (RF) |
| Law Clerk assigned to case is 1 (NS) |
| Filing 14 SUMMONS/RETURN OF SERVICE executed upon defendant - - Frenchman Hill, defendant Cambridge Mgmt Inc, defendant - Housing Authority, defendant John Poling, defendant WA State Housing, defendant Kim Herman (RF) |
| Filing 13 Affidavit of John Nelson re: Acceptance of Service by defendants WA State Housing and Kim Herman (RF) |
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Filing 12
TEMPORARY RESTRAINING ORDER by Chief Judge Fred Van Sickle : Plaintiff's Motion for TRO is GRANTED (cc: all counsel) (RF)
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| Filing 11 Proof of service by plaintiff of: #1-10 (CR) |
| Filing 10 PROPOSED RECEIVED Preliminary Injunction [2-2] submitted by plaintiff (CR) |
| Filing 9 Notice by plaintiff of hearing setting motion preliminary injunction [2-2] (CR) |
| Filing 8 PROPOSED RECEIVED Temporary Restrining Order [2-1] submitted by plaintiff (CR) |
| Filing 7 Notice by plaintiff of hearing setting motion for temporary restraining order [2-1] (CR) |
| Filing 6 Declaration of Florence R Brassier by plaintiff in support of motion for temporary restraining order and preliminary injunction [2-1] [2-2] (CR) |
| Filing 5 Declaration of Fermin Mendoza by plaintiff in support of motion for temporary restraining order and preliminary injunction [2-1] [2-2] (CR) |
| Filing 4 Memorandum of Authorities by plaintiff in support of motion for temporary restraining order/preliminary injunction [2-1] [2-2] (CR) |
| Filing 3 Memorandum of Authorities by plaintiff in support of motion for temporary restraining order/preliminary injunction [2-1][2-2] [2-2] (CR) |
| Filing 2 MOTION by plaintiff for temporary restraining order and preliminary injunction (CR) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief (Summons(es) issued) Fee-status: pd Receipt #: 055626 (CR) |
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