Case 3:16-cv-00513-MJR-RJD Document 1 Filed 05/10/16 Page 1 of 20 Page ID #1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION

PAUL LAMBERT, MARY HOLDER, )

BARBARA HOLDER, WILLIAM

)

FREY, PAMELA PURDIMAN,

)

SHAMEKA NELSON, and KIMBERLY )

SIMELTON, on behalf of themselves )

and all others similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

ALEXANDER COUNTY HOUSING )

AUTHORITY, JAMES WILSON,

)

THOMAS UPCHURCH, JOANNE

)

PINK, and MARTHA FRANKLIN,

)

an Illinois municipal corporation,

)

)

Defendants.

)

Case No. 3:16-cv-513 JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT INTRODUCTION
1. This lawsuit is brought on behalf of current and former residents of the Alexander County Housing Authority (“ACHA”) to remedy rampant race discrimination and family status discrimination as well as substantial rent overcharges. For years, ACHA and its agents have discriminated against residents of its McBride and Elmwood family housing developments based on their race and familial status, in violation of the Fair Housing Act, 42 U.S.C. § 3604, Title VI of the Civil Rights Act of 1964, and the Illinois Civil Rights Act of 2003. ACHA also has overcharged its residents for rent, in violation of the Brooke Amendment to the U.S. Housing Act, 42 U.S.C. § 1437a, in many instances collecting $100-$200 per month in excess of the limit permitted by federal law.

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2. ACHA has engaged in a pattern and practice of segregating its public housing developments by race, even though the United States Department of Justice previously found that it engaged in the same conduct more than 40 years ago.
3. ACHA also has engaged in a pattern and practice of not maintaining the Elmwood and McBride developments – which are occupied almost exclusively by African-American tenants – so that they have deteriorated to the point that they are nearly uninhabitable. McBride and Elmwood apartments, which are located in Cairo, Illinois, are infested with mice, roaches, and bedbugs. For years, Elmwood and McBride residents made request for repairs, and ACHA ignored them or repaired them in a substandard manner. Both developments also have long suffered from serious security problems. Despite these safety issues, ACHA failed to provide security guards or cameras.
4. Meanwhile, ACHA has adequately maintained its Connell Smith development in satisfactory condition and provided both security cameras and security guards. Until very recently, approximately half of Connell Smith residents were white, and almost all were over the age of fifty.
5. ACHA has refused to place families with children in certain public housing developments, such as Connell Smith, in order to prevent African American families from living in majority white public housing developments.
JURISDICTION AND VENUE 6. This Court has jurisdiction over Plaintiffs’ claims pursuant to 28 U.S.C. §§ 1331 (federal question), 1343 (color of state law), 3613 (Fair Housing Act), and 1367 (supplemental jurisdiction).
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7. Plaintiffs seek declaratory and injunctive relief against the ACHA, pursuant to 28 U.S.C. §§ 2201 and 2202.
8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because ACHA violated federal law in this judicial district.
PARTIES 9. Paul Lambert is a 65-year-old African-American man who has lived in ACHA’s Elmwood development since approximately 1978. He lives in a three-bedroom unit with his wife, Bessie, and 21-year-old disabled son, Sharonne. 10. Mary Holder is a 68-year-old African-American woman who has lived in ACHA’s McBride development since approximately 1992. She lives alone in a two-bedroom unit. 11. Barbara Holder is a 70-year-old African-American woman who has lived in ACHA’s McBride development since approximately 1970. She lives alone in a three-bedroom unit. 12. Pamela Purdiman is a 41-year-old African-American woman who has lived in ACHA’s Elmwood development since approximately September 2015. Before that, she lived in ACHA’s McBride Development between April 2001 and August of 2012 or 2013. She lives alone in a two-bedroom unit. When she lived in McBride, she lived with her minor children. 13. William Frey is a 55-year-old Caucasian man who has lived in ACHA’s Shoemaker development since approximately June 2015. He lives alone in a one-bedroom unit. 14. Kimberly Simelton is a 41-year-old Caucasian woman who has lived in ACHA’s Elmwood development on and off since approximately 1994. She has been in her current unit since approximately 2008. She lives in a three-bedroom unit with her husband, Kenneth
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Simelton, and her 19-year-old daughter. Her daughter has always lived with her in her ACHA unit.
15. Shameka Nelson is an African-American woman who lives with her seven children, ages one to twelve, in a six-bedroom unit in ACHA’s McBride development.
16. Defendant Alexander County Housing Authority is an Illinois municipal corporation, created and existing under the Illinois Housing Authorities Act, 310 Ill. Comp. Stat. 10/1 et seq. ACHA is a public housing agency within the meaning of 42 U.S.C. § 1437. ACHA is a recipient of federal financial assistance and is considered to be a program or activity with operations subject to Title VI. 24 C.F.R. § 1.2(f). ACHA operates 478 public housing units within Alexander County.
17. Defendant James Wilson was ACHA’s Executive Director from 1989 to 2013. He continued working for ACHA on a part-time consultant basis from 2013 to 2015. He returned to the Executive Director position for an 11-day period in early 2015.
18. Defendant Martha Franklin worked as ACHA’s Executive Director from April 2013 to January 2015. She has worked as ACHA’s Finance Director from 2015 to the present.
19. Defendant Thomas Upchurch worked as ACHA’s Executive Director from approximately March 2015 to October 2015.
20. Defendant Joanne Pink worked as ACHA’s Executive Director from October 2015 to January 2016.
21. In February 2016, the U.S. Department of Housing and Urban Development (“HUD”) took over the operations of ACHA pursuant to 24 C.F.R. § 907.
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FACTUAL ALLEGATIONS HISTORY OF RACE DISCRIMINATON AT ACHA 22. ACHA has had a long history of discriminating against African-American residents based on their race. 23. In 1974, the U.S. Department of Justice filed a lawsuit against ACHA for intentionally segregating its two main public housing complexes by race. At the time, Elmwood was reserved for white residents, and Pyramid Courts (now McBride) was reserved for AfricanAmerican residents. 24. The lawsuit was eventually settled, and ACHA agreed to stop segregating its housing based on race. ACHA agreed to prioritize occupancy such that Pyramid Courts would have 71 white residents (out of 237), and Elmwood would have 39 black tenants (out of 159).
Defendants Have Segregated Residents on the Basis of Race And Perpetuated Racial Segregation
25. Today, ACHA has returned to its discriminatory past by engaging in a pattern and practice of segregating residents on the basis of race. Approximately 97% of the residents living in McBride and Elmwood are African-American, while white households predominate in the developments of Meadows, Johnson, Sunset Terrace, King, and Connell Smith. This is true even though African-Americans make up just 36% of the residents within Alexander County, ACHA’s service area.
Defendants Fail to Maintain McBride and Elmwood, Forcing The Residents To Live In Squalor
26. ACHA, through its Executive Directors, have engaged in a pattern and practice of allowing the McBride and Elmwood developments to deteriorate, while preserving and maintaining the Connell Smith development in satisfactory condition. Defendants have engaged
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in a pattern and practice of allowing the housing conditions at McBride and Elmwood to deteriorate because of the residents’ race, African-American.
27. For several years, units located at McBride and Elmwood – including those occupied by Plaintiffs – have been infested with roaches, mice, and bedbugs. Despite residents’ complaints, ACHA has done little to nothing to address the problem.
28. Many of the units at McBride and Elmwood have mold as well as plumbing and electrical deficiencies. Defendants have been aware of these problems for years, yet they have failed to meaningfully address them.
29. There is significant gun violence and other crime at McBride and Elmwood, yet ACHA has done very little to increase security at these developments. At the same time, ACHA has devoted security resources to Connell Smith and Shoemaker, where there is far less crime and no gun violence.
30. While ACHA was under the control of Defendants Wilson and Franklin, ACHA wasted resources on excessive employee retirement bonuses, unnecessary post retirement contracts, and unjustified travel expenses. These unjustified expenses are chronicled in an August 23, 2015 article entitled, “Chaos in Cairo” published by the newspaper, The Southern Illinoisan.
31. In part because of these unjustified payouts to current and former employees, ACHA has been unable to address the serious pest and rodent infestations or other conditions problems at McBride and Elmwood.
32. Wilson, Upchurch, Pink, and Franklin all worked as ACHA Executive Director during relevant time periods. None of them took action to meaningfully alleviate the pest and
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rodent problems at McBride and Elmwood, nor did they take action to meaningfully alleviate the crime, mold, and plumbing problems.
HUD Finds That ACHA Discriminated Against Residents Based On Race 33. On September 30, 2014, HUD issued a letter to ACHA finding that it had violated Title VI of the Civil Rights Act (“Title VI”), 42 U.S.C. § 2000d. See Exhibit A (HUD letter to ACHA). HUD determined that ACHA violated Title VI by engaging in intentional racial segregation in McBride and Elmwood. Id. 34. HUD also found that ACHA was well aware of the security and conditions issues at McBride and Elmwood, but failed to provide adequate maintenance and security resources to either development. 35. HUD concluded that ACHA’s segregation of the developments by race and its corresponding failure to maintain McBride and Elmwood resulted in an adverse impact on African-American families and residents. 36. Despite these findings, ACHA, Wilson, Franklin, Upchurch, and Pink continued their pattern and practice of segregating families based on race and familial status and continued to allow the conditions at McBride and Elmwood to deteriorate because of the residents’ race. ACHA’s Enforces A Rule That Discriminates Against Families With Children 37. All of ACHA’s 478 units are designated as family public housing. 38. However, for at least the past ten years, ACHA, through its Executive Directors, have implemented a rule prohibiting families with children from living in Connell Smith, Shoemaker, and several of the scattered site developments and improperly reserved them for seniors and people with disabilities.
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39. Neither Connell Smith nor Shoemaker nor the scattered-site programs satisfy the Fair Housing Act’s definition of “housing for older persons” as defined at 42 U.S.C. § 3607(b)(2).
40. ACHA never sought to re-designate Connell Smith, Shoemaker, or the scatted site programs under PIH Notice 2005-2 prior to implementing this rule barring families with minor children and designating certain buildings as senior/disabled housing.
41. Wilson, Upchurch, Pink, and Franklin worked as ACHA Executive Director during relevant time periods. They all enforced the rule prohibiting families with children from living in Connell Smith, Shoemaker and the scattered site developments
ACHA Charges Residents More Than Thirty Percent of Their Adjusted Income For Rent
42. In 1969 the United States Congress enacted legislation, known as the “Brooke Amendment” to ensure that low-income public housing residents pay no more than a certain percentage of their income toward rent, which includes reasonable utility expenses. 42 U.S.C. § 1437(a)(a)(1); 24 C.F.R. § 583.351; 24 C.F.R. § 5.611.
43. This federal law and implementing regulations prohibit ACHA from requiring public housing residents to pay more than 30% of their adjusted income towards rent. Id. Despite this federal mandate, for at least the past ten years, ACHA has had a practice or policy of charging residents more than 30% of their adjusted income for rent, in violation of the Brooke Amendment and its implementing regulations.
44. On information and belief, during each year that they lived in a ACHA unit, Plaintiffs signed a lease with ACHA that provided as follows:
The amount of the Total Tenant Payment and Tenant Rent shall be determined by the [Public Housing Authority] in accordance with HUD regulations and requirements and in accordance with the [Public Housing Authority’s] Admissions and Occupancy Policy.
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See Exhibit B (Copy of Sample Residential Lease Agreement). 45. Mary Holder lives alone in a two-bedroom unit located at 522 McBride Court,
Cairo, IL 46. At the time of her most recent rent determination, Mary Holder’s monthly gross
income was approximately $833. ACHA charges her $234 per month in income-based rent. 47. According to HUD regulations, Mary Holder’s adjusted income is approximately
$433, and she should not pay more than thirty percent of that amount, or approximately $130, in income-based rent.
48. Barbara Holder lives alone in a three-bedroom unit located at 809 McBride Court, Cairo, IL.
49. At the time of her most recent rent determination, Barbara Holder’s monthly gross income was approximately $837. ACHA charges her $238 per month in income-based rent.
50. According to HUD regulations, Barbara Holder’s adjusted income is approximately $437, and she should not pay more than thirty percent of that amount, or approximately $131, in income-based rent.
51. William Frey lives alone in a one-bedroom unit located at 410 Shoemaker, 1100 Halliday Ave., Cairo, IL.
52. At the time of his most recent rent determination, Frey’s monthly gross income was approximately $733. ACHA charges him $210 per month in income-based rent.
53. According to HUD regulations, Frey’s adjusted income is approximately $333, and he should not pay more than thirty percent of that amount, or approximately $100, in income-based rent.
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54. Shameka Nelson lives with her seven children, ages 1 – 12, in a six-bedroom unit

located at 422 McBride in Cairo, IL. She has lived in that unit since 2012.

55. At the time of her most recent rent determination, Nelson’s monthly gross income

was approximately $1,597 per month. ACHA charges her $395 per month in income-based rent.

56.

According to HUD regulations, Nelson’s adjusted income is zero. As a result,

she should not pay more than the minimum rent of $50 per month.

57. ACHA did not calculate rent for Plaintiffs Mary Holder, Barbara Holder, Frey,

and Nelson in accordance with HUD regulations. 24 C.F.R. § 583.351; 24 C.F.R. § 5.611.

Specifically, ACHA charged Mary Holder, Barbara Holder, Frey, and Nelson more than 30% of

their adjusted income for rent.

58. As a result, ACHA breached its leases with Mary Holder, Barbara Holder, Frey,

and Nelson causing them substantial monetary injury.

59. Mary Holder, Barbara Holder, Frey, and Nelson substantially performed their

obligations under their residential leases with ACHA.

60. Wilson, Upchurch, Pink, and Franklin worked as ACHA’s Executive Director

during the past two years and were responsible for ensuring that residents’ rent was calculated in

accordance with HUD regulations. They were aware of the manner that ACHA calculated

residents’ rent, yet they did nothing to correct the rent overcharges.

CLASS ACTION ALLEGATIONS

61. Plaintiffs Lambert, Mary Holder, Barbara Holder, Purdiman, and Nelson bring

their race discrimination claims under the Fair Housing Act on behalf of themselves and all

others similarly situated pursuant to Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil

Procedure.

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62. Plaintiffs Lambert, Mary Holder, Barbara Holder, Purdiman, and Nelson bring their claims on behalf of a proposed “McBride Elmwood Race Discrimination Subclass” defined as, “All current and former African-American ACHA public housing residents who lived in McBride or Elmwood in the past two years.”
63. Plaintiffs Simelton and Nelson bring their familial status discrimination claims under the Fair Housing Act on behalf of themselves and all others similarly situated pursuant to Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure.
64. Simelton and Nelson bring their claims on behalf of a proposed “McBride Elmwood Familial Status Discrimination Subclass” defined as, “All current and former ACHA public housing residents who lived in McBride or Elmwood in the past two years with minor children.”
65. Plaintiffs Mary Holder, Barbara Holder, Frey, and Nelson bring their claims under 42 U.S.C. § 1983 and their ACHA residential leases on behalf of themselves and all others similarly situated pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure.
66. Mary Holder, Barbara Holder, Frey, and Nelson bring their claims on behalf of a proposed “Rent Overcharge Subclass” defined as, “All current and former residents of ACHAowned public housing units who – in the past ten years – paid more than $50 per month in income-based rent.”
67. Numerosity. The classes are so numerous that joinder of all of their members is impracticable. Upon information and belief, each subclass is comprised of more than 1,000 individuals. The putative class members are unlikely to press their claims on an individual basis because as residents of public housing, all putative class members have limited incomes, and the value of their individual claims is modest.
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68. Commonality and Predominance. Common questions of fact and law predominate over questions affecting individual class members. Questions of law and fact common to the classes include:
a) whether ACHA discriminated against residents in McBride and Elmwood based on their race by refusing to maintain those developments and by prohibiting them from living in Connell Smith and certain scattered site developments. b) whether ACHA discriminated against residents in McBride and Elmwood based on their familial status by refusing to allow families with children to live in Connell Smith and Shoemaker and certain scattered site developments. c) whether ACHA charged residents more than 30% of their adjusted income for rent, in violation of 42 U.S.C. § 1437a; d) whether ACHA breached its public housing lease with class members by not charging rent in accordance with HUD regulations 69. Typicality and Adequacy. Plaintiffs’ claims are typical of the classes as a whole. All of the Plaintiffs’ claims arise from the same unlawful practices: ACHA’s policy of overcharging residents for rent in violation of the United States Housing Act, 42 U.S.C. § 1437(a) and its implementing regulations, and discriminating against residents in McBride and Elmwood based on their race and familial status. Plaintiffs do not present claims that are unique to themselves and instead bring claims typical to the class members. Proposed class representatives and class counsel will fairly and adequately protect the interests of the classes as a whole. Plaintiffs do not have any interests antagonistic to those of other class members. By filing this action, Plaintiffs have displayed an interest in vindicating their rights, as well as the claims of others who are similarly situated. Plaintiffs are represented by experienced counsel. 70. Superiority. A class action is superior to other available methods for the fair and efficient adjudication of this controversy because it will: a. avoid the heavy burden of multiple, duplicative suits;
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b. avoid the virtually impossible task of getting all class members to intervene as party-plaintiffs in this action;
c. allow the Court, upon adjudication of defendant’s liability, to determine the claims of all class members; and
d. allow the Court to enter appropriate final monetary relief with respect to the classes as a whole.
71. Injunctive and Declaratory Relief. ACHA has acted or refused to act on grounds that apply generally to the Rule 23(b)(2) class as a whole, so that final injunctive or declaratory relief is appropriate respecting the class as a whole. For years, ACHA has discriminated against the residents of McBride and Elmwood based on their race and familial status, in violation of the Fair Housing Act, Title VI, and the Illinois Civil Rights Act.
INJURY TO THE PLAINTIFFS 72. Defendants’ actions threaten Plaintiffs with imminent and irreparable injury, including deteriorating housing, crime, discrimination, segregation, and the overpayment of rents. 73. Defendants’ actions have the purpose and effect of limiting housing opportunities for racial minorities and families with children. 74. Defendants’ actions disproportionately deny housing opportunities in Alexander County to racial minorities and families with children. 75. According to the 2014 American Community Survey, Alexander County contains an estimated total of 7,821 people, of whom 59.7% are non-Hispanic white and 35.9% are African-American. African-Americans in Alexander County are disproportionately poor. 53.8% of African-American households in Alexander County earn incomes below the federal poverty line, compared to 19.7% of non-Hispanic white households. In 2014, 85.7% of AfricanAmerican households in Alexander County were income eligible for federally assisted housing,
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compared to 59.8% of non-Hispanic white households in Alexander County. While AfricanAmericans comprise 35.9% of Alexander County’s population, approximately 45.2% of Alexander County households who are eligible for federally assisted housing are AfricanAmerican.
76. According to the 2014 American Community Survey, Alexander County contains 2,826 households, of which 25.7% include children under the age of 18. Families with children under the age of 18 in Alexander County are disproportionately poor. 60.3% of such households earn incomes below the federal poverty line, compared to 30.3% of households overall. In 2014, 80.3% of Alexander County households with children under the age of 18 were income eligible for federally assisted housing, compared with 46.1% of Alexander County households with no children under the age of 18 in the household.
77. African-Americans also disproportionately reside in ACHA’s public housing. Almost 80% of ACHA’s units contain a head of household who is African-American.
78. Through their actions described above, Defendants have acted negligently, intentionally, maliciously, and with willful, malicious, wanton, and reckless disregard for federal and state fair housing and non-discrimination laws.
79. Defendants’ actions have caused and will continue to create a severe hardship for plaintiffs.
80. Plaintiffs have no adequate remedy at law.
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LEGAL CLAIMS COUNT I – FAIR HOUSING ACT CLAIM DISPARATE TREATMENT BASED ON RACE (On Behalf of the McBride Elmwood Race Discrimination
Subclass Against All Defendants) 81. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 82. Defendants, through their actions and the actions of their agents, intentionally discriminated against African-Americans living at McBride and Elmwood based on their race, in violation of 42 U.S.C. § 3604.
COUNT II – FAIR HOUSING ACT CLAIM DISPARATE IMPACT BASED ON RACE (On Behalf of the McBride Elmwood Race Discrimination
Subclass Against All Defendants) 83. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 84. Defendants’ actions as described above have had an adverse disparate impact upon Plaintiffs as African-Americans, without any legitimate justification and therefore, constitute a violation of the Fair Housing Act, 42 U.S.C. §§ 3604.
COUNT III – FAIR HOUSING ACT CLAIM PERPETUATION OF RACIAL SEGREGATION (On Behalf of the McBride Elmwood Race Discrimination Subclass
Against All Defendants) 85. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 86. Defendants’ actions as described above perpetrate segregation on the basis of race in violation of the Fair Housing Act § 3604.
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COUNT IV – FAIR HOUSING ACT CLAIM FAILURE TO AFFIRMATIVELY FURTHER FAIR HOUSING (On behalf of the McBride Elmwood Race Discrimination and Familial Status
Discrimination Subclasses against ACHA) 87. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 88. ACHA is a “person” within the meaning of 42 U.S.C. § 1983, and its actions described herein were taken under color of state law. 89. By engaging in the actions and omissions described above, and failing to take meaningful action to remedy these egregious civil rights violations, ACHA has violated its duty to affirmatively further fair housing, in violation of 42 U.S.C. § 3608(e)(5). By breaching its duty to affirmatively further fair housing, ACHA deprived Plaintiffs of rights secured to them by federal law, in violation of 42 U.S.C. § 1983.
COUNT V – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (On behalf of the McBride Elmwood Race Discrimination Subclass against ACHA)
90. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein.
91. ACHA, through its actions and the actions of its agents, are liable for the violation of Plaintiffs’ rights under Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000d et seq., under which, “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
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COUNT VI – ILLINOIS CIVIL RIGHTS ACT OF 2003 CLAIM (On behalf of the McBride Elmwood Race Discrimination Subclass against ACHA)
92. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein.
93. ACHA, through its actions and the actions of its agents, are liable for the violation of Plaintiffs’ rights under the Illinois Civil Rights Act of 2003, 740 Ill. Comp. Stat. Ann. 23/5, under which, “[n]o unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender; or (2) utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
COUNT VII – FAIR HOUSING ACT CLAIM DISPARATE TREATMENT BASED ON FAMILIAL STATUS (On Behalf of the McBride Elmwood Familial Status Discrimination
Subclass Against All Defendants)
94. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein.
95. Defendants, through their actions and the actions of their agents, intentionally discriminated against families with minor children, in violation of 42 U.S.C. § 3604.
COUNT VIII – FAIR HOUSING ACT CLAIM DISPARATE IMPACT BASED ON FAMILIAL STATUS (On Behalf of the McBride Elmwood Familial Status Discrimination
Subclass Against All Defendants) 96. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein.
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97. Defendants’ actions as described above will have an adverse disparate impact upon plaintiffs as families with minor children, without any legitimate justification and therefore, constitute a violation of the Fair Housing Act, 42 U.S.C. §§ 3604.
COUNT IX – CHARGING RENT ABOVE THE STATUTORY CEILING 42 U.S.C. § 1437a(a)(1)
(On Behalf of the Rent Overcharge Subclass Against All Defendants) 98. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 99. Defendants are “persons” within the meaning of 42 U.S.C. § 1983, and their actions described herein were taken under color of state law. 100. Defendants violated 42 U.S.C. § 1437a and its implementing regulations by charging the Rent Overcharge Subclass more than 30% of their adjusted income for rent.
COUNT X – BREACH OF ACHA’S RESIDENTIAL LEASE STATE LAW BREACH OF CONTRACT CLAIM
(On Behalf of the Rent Overcharge Subclass Against ACHA) 101. Plaintiffs re-allege paragraphs 1 to 80 of this Complaint and incorporate them herein. 102. Defendant ACHA breached its duties under its respective leases with the Rent Overcharge Subclass in that since at least 2006, ACHA charged the Rent Overcharge Subclass more than 30% of their adjusted income for rent as required by ACHA’s standard residential lease.
RELIEF REQUESTED WHEREFORE, Plaintiffs respectfully request that this Court: a. Declare that the acts and omissions of the Defendants, as set forth above, violate the Fair Housing Act of 1968, as amended, 42 U.S.C. § 3601 et seq., the Illinois Civil Rights Act
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of 2003, 740 Ill. Comp. Stat. Ann. 23/5, and the United States Housing Act of 1937, 42 U.S.C. § 1437a and its implementing regulations;
b. Declare that the acts and omissions of the Defendants, as set forth above, violate ACHA’s residential public housing lease;
c. Enter a preliminary and permanent injunction, without bond or upon a nominal bond, enjoining ACHA from discriminating against the members of the McBride and Elmwood subclass based on their race or familial status and directing ACHA to take all affirmative steps necessary to remedy the effects of the illegal, discriminatory conduct described herein and to prevent similar occurrences in the future;
d. Enter a preliminary and permanent injunction, without bond or upon a nominal bond, enjoining ACHA from terminating the assistance of any public housing tenant with income based rents for the non-payment of rent until such time as income-based rents are properly recalculated in accordance with federal law and implementing regulations;
e. Award monetary relief in the amount of all rent overcharges, compensatory damages, punitive damages, and prejudgment interest in an amount to be proven at trial;
f. Enter an order requiring Defendants to pay Plaintiffs’ reasonable costs and attorneys’ fees for the prosecution of this action, pursuant to 42 U.S.C. § 3613(c)(2), 740 Ill. Comp. Stat. Ann. 23/5(c), and 42 U.S.C. § 1988;
g. Certify the Rent Overcharge Subclass, the McBride Elmwood Familial Status Discrimination Subclass, and the McBride Elmwood Race Discrimination Subclass defined above and appoint the undersigned attorneys as Class Counsel; and
h. Grant Plaintiffs such further relief as this Court deems just and proper.
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Jury Demand Plaintiffs demand trial by jury on all issues as to which a jury trial is available. DATED: May 10, 2016
By: /s/ Christopher J. Wilmes Attorneys for Plaintiffs,
Christopher J. Wilmes HUGHES, SOCOL, PIERS, RESNICK, & DYM, LTD. 70 W. Madison Street, Suite 4000 Chicago, Illinois 60602 312-580-0100 Katherine E. Walz Kevin Herrera* SARGENT SHRIVER NATIONAL CENTER ON POVERTY LAW 50 East Washington Street, Suite 500 Chicago, Illinois 60602 312-263-3830 Attorneys for Plaintiffs *Pro hac vice admission to be sought
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 Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 1 of 27 Page ID #367

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION

PAUL LAMBERT, MARY HOLDER,

)

BARBARA HOLDER, PAMELA

)

PURDIMAN, SHAMEKA NELSON,

)

KIMBERLY SIMELTON, CHENA BRAZIL, )

KIMBERLY MCALLISTER, DENIESHIA )

CHILDRESS, KELSEY LOWE, ANGELA )

MITCHELL, LATONYA LEE, DESHAWNA )

WASHAM, CARLOS TRENTON,

)

CHARMAINE LAMBERT, AARON HALL, )

CORETTA CORNELIUS, TANISHA

)

JOHNSON, AUDREY TABOR, BEVERLY )

DAVIS, MYRA RAYFORD, SHENUNITH )

ELLIS, LENECA BALDWIN, SHAWNYA )

WILLIAMS, CHAUNCEY DAVIS, LILLIE )

JONES, TIARRA BEDFORD, JEANETTE )

DAVIS, JACQUELINE VAUGHN, DANIELLE )

LOWE, ELISHA LEE, CHARLOTTE VIEL, )

THERAS HEARD, and MONICA WOODSON, )

on behalf of themselves and all others

)

similarly situated,

)

)

)

Plaintiffs,

)

)

v.

)

)

ALEXANDER COUNTY HOUSING

)

AUTHORITY, JAMES WILSON,

)

and MARTHA FRANKLIN,

)

an Illinois municipal corporation,

)

)

Defendants.

)

Case No. 3:16-cv-513-MJR-RJD
Judge Michael Reagan Magistrate Judge Reona J. Daly

THIRD AMENDED CLASS ACTION COMPLAINT

INTRODUCTION

1. This lawsuit is brought on behalf of Paul Lambert, Mary Holder, Barbara Holder,

Pamela Purdiman, Shameka Nelson, Kimberly Simelton, Chena Brazil, Kimberly McAllister,

Kelsey Lowe, Angela Mitchell, LaTonya Lee, DeShawna Washam, Carlos Trenton, Charmaine

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Lambert, Aaron Hall, Coretta Cornelius, Tanisha Johnson, Audrey Tabor, Beverly Davis, Myra Rayford, Shenunith Ellis, Leneca Baldwin, Shawnya Williams, Chauncey Davis, Lillie Jones, Tiarra Bedford, Jeanette Davis, Deniesha Childress, Jacqueline Vaughn, Danielle Lowe, Elisha Lee, Charlotte Viel, Theras Heard, and Monica Woodson, who are current and former residents of the Alexander County Housing Authority (“ACHA”) to remedy rampant race discrimination and family status discrimination. For years, ACHA and its agents have discriminated against residents of its McBride and Elmwood family housing developments based on their race and familial status, in violation of the Fair Housing Act, 42 U.S.C. § 3604, Title VI of the Civil Rights Act of 1964, and the Illinois Civil Rights Act of 2003.
2. ACHA has engaged in a pattern and practice of segregating its public housing developments by race, even though the United States Department of Justice previously found that it engaged in the same conduct more than 40 years ago.
3. ACHA also has engaged in a pattern and practice of not maintaining the Elmwood and McBride developments – which are occupied almost exclusively by African-American tenants such as the Plaintiffs – so that they have deteriorated to the point that they are nearly uninhabitable. McBride and Elmwood apartments, which are located in Cairo, Illinois, are infested with mice, roaches, and bedbugs. For years, Elmwood and McBride residents made request for repairs, and ACHA ignored them or repaired them in a substandard manner. Both developments also have long suffered from serious security problems. Despite these safety issues, ACHA failed to provide security guards or cameras.
4. Meanwhile, ACHA has adequately maintained its Connell Smith development in satisfactory condition and provided both security cameras and security guards. Until very
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recently, approximately half of Connell Smith residents were white, and almost all were over the age of fifty.
5. ACHA has refused to place families with children in certain public housing developments, such as Connell Smith, in order to prevent African American families from living in majority white public housing developments.
JURISDICTION AND VENUE 6. This Court has jurisdiction over Plaintiffs’ claims pursuant to 28 U.S.C. §§ 1331 (federal question), 1343 (color of state law), 3613 (Fair Housing Act), and 1367 (supplemental jurisdiction). 7. Plaintiffs seek declaratory and injunctive relief against the ACHA, pursuant to 28 U.S.C. §§ 2201 and 2202. 8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because ACHA violated federal law in this judicial district.
PARTIES 9. Paul Lambert is an African-American man who has lived in ACHA’s Elmwood development since approximately 1978. He lives in a three-bedroom unit with his wife, and adult disabled son. The family has experienced terrible housing conditions, including bedbugs and mice. The heat is frequently out, forcing the family to heat their home with their oven. 10. Mary Holder is an African-American woman who has lived in ACHA’s McBride development since approximately 1992. She lives alone in a two-bedroom unit. She has experienced terrible housing conditions, including bedbugs and mice, a cracked porch, doors that do not close fully, and problems with her heat. A pipe under the kitchen sink frequently falls off
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and floods the kitchen. The bathroom sink has separated from the wall. Rather than replace the sink, ACHA employees used several tubes of caulk to adhere it to the wall.
11. Barbara Holder is an African-American woman who has lived in ACHA’s McBride development since approximately 1970. She lives alone in a three-bedroom unit. She has experienced terrible housing conditions, including bedbugs and mice, a hole under the sink in the kitchen, and insufficient heat. A bedroom door is off the hinges. When the upstairs bathtub is used, water leaks into the downstairs kitchen.
12. Pamela Purdiman is an African-American woman who has lived in ACHA’s Elmwood development since approximately September 2015. Before that, she lived in ACHA’s McBride Development between April 2001 and August of 2012 or 2013. She lives alone in a two-bedroom unit. When she lived in McBride, she lived with her minor children. Ms. Purdiman has experienced terrible housing conditions, including mice and roaches, inadequate heat, mold, a rusted bathtub, and plumbing problems.
13. Kimberly Simelton is a Caucasian woman who has lived in ACHA’s Elmwood development on and off since approximately 1994. She has been in her current unit since approximately 2008. She lives in a three-bedroom unit with her African-American husband, Kenneth Simelton, and her daughter. The family has experienced terrible housing conditions, including bedbugs, roaches, mice, rats, plumbing problems, and chipping paint. There is mold in the bathroom and pieces of the floor are coming up. The heat is frequently inoperable. In 2016, the family was moved to their current unit after the previous unit was infested with rats.
14. Shameka Nelson is an African-American woman who lives with her seven children, ages one to twelve, in a six-bedroom unit in ACHA’s McBride development. The
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family has experienced terrible housing conditions, including roaches, mice, peeling paint, mold, and bedbugs. Roaches pore out of the family’s kitchen cabinets.
15. Chena Brazil is an African-American woman who lives with her three children, ages five, eleven, and twelve in ACHA’s McBride development. She has lived at McBride for approximately twelve years. The family’s unit is so infested with roaches and mice that her fiveyear-old daughter is afraid to get out of bed.
16. Kimberly McAllister is an African-American woman who lives with her three children, ages one, two, and eight, in ACHA’s McBride development. She has lived at McBride for approximately seven years. The family has experienced terrible housing conditions, including roaches, mice, spiders, and mold. Even though mice come through the drain in the bathtub ACHA has only provided the family with glue traps. The children cannot take baths in the tub. The family’s heat only works on the second floor, forcing them to heat the first floor of their home with their oven. The children have been diagnosed with asthma, which has been attributed to the family’s housing conditions.
17. Denieshia Childress is an African-American woman who lives with her four children, ages nine months, one, five, and eight, in ACHA’s McBride development. She has lived at McBride for approximately three years. Ms. Childress’ unit is infested with roaches, bed bugs and mice. There are serious plumbing issues, resulting in frequently clogged toilets and sinks. The plumbing problems have also caused mold in the bathroom and one of her children’s rooms. The kitchen ceiling is falling down. Electrical outlets either do not work or the fuse will blow when they are used. Ms. Childress’ son has asthma, which is exacerbated by the housing conditions, resulting in him being frequently sick.
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18. Kelsey Lowe is an African-American woman who lived with her two children, ages nine and fourteen, in ACHA’s McBride development. She lived at McBride from 2002 until she moved out voluntarily in July 2016. Ms. Lowe’s unit was infested with mice and roaches, and mold covered her bathroom. There was no heat on the first floor, forcing her to use her oven to stay warm.
19. Angela Mitchell is an African-American woman who lives with her child, age sixteen, in ACHA’s Elmwood development. She has lived at Elmwood for approximately seventeen years. At one point, Ms. Mitchell’s unit was so infested with mice her daughter could not sleep in her own bed. When Ms. Mitchell’s heat went out, ACHA instructed her to use her oven for heat. Ms. Mitchell became ill as a result. When Ms. Mitchell’s refrigerator stopped working, ACHA provided her with a replacement refrigerator that was full of roaches. Ms. Mitchell’s unit also has serious problems with rats.
20. LaTonya Lee is an African-American woman who lives with her two children, ages three and four, in ACHA’s Elmwood development. She has lived at Elmwood for approximately four years. Ms. Lee’s unit is infested with roaches, bed bugs, and rats. The unit is covered in mold and peeling paint. ACHA has only offered Tilex to treat the mold. The fuse blows out when the family uses the electrical outlets. The heat only works on the second floor of the home. Both children have asthma, which is attributed by the unit’s conditions.
21. Deshawna Washam is an African-American woman who lives with two of her children, ages sixteen and nine, in ACHA’s Elmwood development. She has lived at Elmwood for approximately nineteen years in four different units. While living at Elmwood, Ms. Washam has dealt with serious mold and rat infestation issues. Ms. Washam suffers from a lung disease, which is exacerbated by the mold. When Ms. Washam’s physician notified ACHA that Ms.
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Washam should not live in a mold-infested unit due to her lung condition, ACHA refused to move her.
22. Carlos Trenton is an African-American man who lives by himself in ACHA’s McBride development. He was born and raised at McBride but received his own unit approximately five years ago. Mr. Trenton’s unit is infested with roaches and bedbugs. For two years, his heat did not work, so he had to heat his unit with his stove. The doorframe is broken to his front door. There is mold in his bathroom, and the ceiling lights leak water when it rains. The locks on the windows are broken, and his bathtub leaks because of missing grout and caulk. Sewer water often backs up into his bathtub.
23. Charmaine Lambert is an African-American woman who, until very recently, lived by herself in ACHA’s Elmwood development. She lived with her family at Elmwood as a child and then moved into her own unit at Elmwood approximately six years ago. Her unit was infested with bedbugs, mice, and rats. The kitchen cabinets were not secured to the wall and there was mold throughout her bathroom.
24. Aaron Hall is an African-American man who lives by himself in ACHA’s Elmwood development. He has lived at Elmwood for approximately four years. Mr. Hall’s unit is infested with roaches and rats that eat his food. His heat has not worked for a long time and only after repeated complaints did ACHA provide him with space heaters. He has mold in a closet and the sinks frequently overflow.
25. Coretta Cornelius is an African-American woman who lives with her three-yearold child at ACHA’s McBride development. She has lived at McBride, first with her sister and then in her own units, for approximately eleven years. While residing at McBride, Ms. Cornelius has experienced terrible housing conditions, including mice, roach, and mold infestation, backed
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up toilets, and electrical outlets that catch on fire. Her repeated complaints to ACHA about her housing conditions only resulted in her moving to other units with similar or worse housing conditions.
26. Tanisha Johnson is an African-American woman who lives with her three children, ages three, seven, and eight, at ACHA’s Elmwood development. She has lived at Elmwood for approximately eight years. Ms. Johnson has experienced terrible housing conditions, including roaches, bedbugs, rats, and mold. The upstairs toilet is not bolted to the floor, causing toilet water to leak into the family’s kitchen. As a result of these conditions, Ms. Johnson and her children suffer from breathing problems that require the use of oxygen, nebulizers, and inhalers.
27. Audrey Tabor is an African-American woman who lives in ACHA’s Elmwood development. She lived with her family at Elmwood as a child and then returned to Elmwood as an adult nine years ago. Ms. Tabor has experienced terrible housing conditions, including roaches, bedbugs, mice, and mold. The thermostat no longer works and water is leaking through the ceiling. As a result of these conditions, Ms. Tabor has experienced breathing problems and is frequently seeking medical attention.
28. Beverly Davis is an African-American woman who lives with her four children, ages nineteen, fourteen, eleven, and eleven, at ACHA’s Elmwood development for the last eighteen years. Ms. Davis has experienced terrible housing conditions, including no or limited heat, mold, rats, mice, and roaches. The upstairs shower leaks into the downstairs kitchen. As a result of the terrible housing conditions, the family has faced a series of medical problems. Two of her children have asthma that is aggravated by the mold, and she faces mental health issues from living in the deplorable conditions.
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29. Myra Rayford is an African-American woman who lives in McBride with three children, ages, thirteen, eleven, and three. She has lived at McBride for approximately 9 years.. Her previous unit was filled with mice and roaches, and there were serious problems with mold. In addition, the power went out on the second floor for two weeks, and she had to heat her unit with the oven. Her new apartment also has serious problems with mice and roaches, and the bathroom plumbing leaks onto her kitchen stove.
30. Shenunith Ellis is an African-American woman who lives in McBride with three children, ages, eighteen, ten, and six. She has lived at McBride for approximately four years. Her furnace had not worked for the past three to four years until ACHA very recently fixed it. She spends 60-70 dollars per month on pest control products to keep mice and roaches under control. Her unit has terrible problems with mold, which exacerbate her son’s asthma. The outside of her apartment reeks of sewer gas.
31. Leneca Baldwin is an African-American woman who lived at ACHA’s McBride and Elmwood development with her six-year-old son until earlier this year. Ms. Baldwin first moved to Elmwood in 2006 and then moved to McBride in 2013. Ms. Baldwin dealt with serious housing issues at both developments, including roaches, mice, and a lack of heat at McBride and severe mold and water damage at Elmwood.
32. Lillie Jones is an African-American woman who lives by herself at ACHA’s Elmwood development. She has lived at Elmwood for the last 20 years. Ms. Jones has experienced a myriad of housing conditions, including pests, broken toilet, mold in the bathroom and bathtub, and a broken back door.
33. Monica Woodson is an African-American woman who lives with her adult daughter and two-year-old granddaughter at ACHA’s Elmwood development. She first moved to
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McBride in 1992, left at some point for the military, and then returned to live at Elmwood in 2005. One of the toilets in Ms. Woodson’s unit is inoperable, and she is frequently dealing with rats and insufficient heat.
34. Jeanette Davis is an African-American woman who has lived by herself at ACHA’s McBride development since 2000. Ms. Davis’ unit is infested with roaches and mice and she frequently smells gas in her unit. She has mold in her bathroom and an odor emanating from her toilet. Ms. Davis also experiences insufficient heat and electrical problems.,
35. Elisha Lee is an African-American woman who has lived by herself at ACHA’s McBride development by herself since 2002. Ms. Lee’s unit is infested with roaches, spiders, and mice. Her unit is always cold, with leaking windows and doors. Mold covers her tub and closets and the use of her electrical outlets often result in a blown fuse. Her unit has serious water damage, which has caused peeling paint and constantly wet bathroom floors.
36. Danielle Lowe is an African-American woman who lives with her two children, ages one and two, at ACHA’s McBride development. She has lived at McBride and Elmwood for most of her life, and she has lived in her most recent unit since 2014. Ms. Lowe’s unit is infested with roaches and mice. There are holes and mold in her bathroom and the bathtub used to leak continuously. The windows and doors to her unit are not sealed properly, causing heat to leak out. When she turns on the outside porch lights, she often gets an electrical shock when she touches the kitchen sink. The housing conditions have caused her children to have breathing problems.
37. Theras Heard is an African-American man who has lived at ACHA’s McBride development since 2013. Mr. Heard’s unit is infested with roaches and bedbugs. The refrigerator issued to him by ACHA at one point had maggots. After ACHA refused to get rid of the rats and
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mice in his unit, Mr. Heard took steps to fill the holes in his unit where the rodents were gaining entry. The kitchen sink is leaking, causing mold and mildew. Due to the terrible housing conditions, Mr. Heard sent his daughter to live with her mother. The housing conditions have also exacerbated Mr. Heard’s sickle cell disease and caused breathing problems.
38. Jacqueline Vaughn is an African-American woman who has lived on and off with her two children, ages six and two, at ACHA’s Elmwood’s development since 2001. Ms. Vaughn’s unit is infested with roaches, rate, and mold. Her heat does not work, forcing her to heat her home with her oven. She is frequently shocked by the electrical outlets. As a result of the housing conditions, the family suffers from asthma and sinus problems.
39. Charlotte Viel is an African-American woman who has lived by herself at ACHA’s McBride development since 2009. Her unit is infested with roaches, rats, and mold. Her heat and electrical outlets do not work. There is water damage throughout the walls. As a result of her housing conditions, Ms. Viel has experienced sinus problems and headaches.
40. Tiarra Bedford is an African-American woman who has lived at ACHA’s Elmwood development with her two children, ages nine and five, since 2011. Ms. Bedford’s unit has water bugs and mice. The thermostat does not work, causing the unit to become too hot. The shower leaks into the downstairs kitchen cabinets, causing mold and mildew.
41. Chauncey Davis is an African-American woman who has lived at ACHA’s McBride development with her three children, ages eleven and two, since 2003. Her unit is infested with roaches and mice. The heat does not work in one room of her house. There is black mold in her bathroom and some of the electrical outlets do not work. Her bathtub leaks into the first floor. The kitchen cabinets are falling off the wall and the paint is peeling.
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42. Shawyna Williams is an African-American woman who has lived on and off at ACHA’s Elmwood development with her five children, ages nineteen, seventeen, fifteen, fourteen, and seven, since 2000. Her unit is infested is with mold, roaches, bedbugs, and mice. The heat does not work and the playground is too torn up for the children to play there. The front door frame is coming off the wall and the gutters are falling off the unit’s exterior. The bathtub backs up when the family tries to take a bath. Two of her children developed asthma as a result of the terrible housing conditions.
43. Defendant Alexander County Housing Authority is an Illinois municipal corporation, created and existing under the Illinois Housing Authorities Act, 310 Ill. Comp. Stat. 10/1 et seq. ACHA is a public housing agency within the meaning of 42 U.S.C. § 1437. ACHA is a recipient of federal financial assistance and is considered to be a program or activity with operations subject to Title VI. 24 C.F.R. § 1.2(f). ACHA operates 478 public housing units within Alexander County.
44. Defendant James Wilson was ACHA’s Executive Director from 1989 to 2013. He continued working for ACHA on a part-time consultant basis from 2013 to 2015. He returned to the Executive Director position for an 11-day period in early 2015.
45. Defendant Martha Franklin worked as ACHA’s Executive Director from April 2013 to January 2015. She worked as ACHA’s Finance Director for part of 2015.
46. In February 2016, the U.S. Department of Housing and Urban Development (“HUD”) took over the operations of ACHA pursuant to 24 C.F.R. § 907.
FACTUAL ALLEGATIONS HISTORY OF RACE DISCRIMINATON AT ACHA 47. ACHA has had a long history of discriminating against African-American residents based on their race.
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48. In 1974, the U.S. Department of Justice filed a lawsuit against ACHA for intentionally segregating its two main public housing complexes by race. At the time, Elmwood was reserved for white residents, and Pyramid Courts (now McBride) was reserved for AfricanAmerican residents.
49. The lawsuit was eventually settled, and ACHA agreed to stop segregating its housing based on race. ACHA agreed to prioritize occupancy such that Pyramid Courts would have 71 white residents (out of 237), and Elmwood would have 39 African-American tenants (out of 159).
Defendants Have Segregated Residents on the Basis of Race And Perpetuated Racial Segregation
50. Today, ACHA has returned to its discriminatory past by engaging in a pattern and practice of segregating residents on the basis of race. Approximately 97% of the residents living in McBride and Elmwood are African-American, while white households predominate in the developments of Meadows, Johnson, Sunset Terrace, King, and Connell Smith. This is true even though African-Americans make up just 36% of the residents within Alexander County, ACHA’s service area.
Defendants Fail to Maintain McBride and Elmwood, Forcing The Residents To Live In Squalor
51. ACHA, through its Board and Executive Directors, have engaged in a pattern and practice of allowing the McBride and Elmwood developments to deteriorate, while preserving and maintaining the Connell Smith and Thebes developments in satisfactory condition. Defendants have engaged in a pattern and practice of allowing the housing conditions at McBride and Elmwood to deteriorate because of the residents’ race, African-American.
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52. For several years, units located at McBride and Elmwood – including those occupied by Plaintiffs – have been infested with roaches, mice, and bedbugs. Despite residents’ complaints, ACHA has done little to nothing to address the problem.
53. Many of the units at McBride and Elmwood have mold as well as plumbing, heating, and electrical deficiencies. Defendants have been aware of these problems for years, yet they have failed to meaningfully address them.
54. There is significant gun violence and other crime at McBride and Elmwood, yet ACHA has done very little to increase security at these developments. At the same time, ACHA has devoted security resources to Connell Smith and Shoemaker, where there is far less crime and no gun violence.
55. While ACHA was under the control of Defendants Wilson and Franklin, ACHA wasted resources on excessive employee retirement bonuses, unnecessary post retirement contracts, and unjustified travel expenses. These unjustified expenses are chronicled in an August 23, 2015 article entitled, “Chaos in Cairo” published by the newspaper, The Southern Illinoisan.
56. In part because of these unjustified payouts to current and former employees, ACHA has been unable to address the serious pest and rodent infestations or other conditions problems at McBride and Elmwood.
57. Wilson and Franklin both worked as ACHA Executive Director during relevant time periods. Neither of them took action to meaningfully alleviate the pest and rodent problems at McBride and Elmwood, nor did they take action to meaningfully alleviate the crime, mold, and plumbing problems.
HUD Finds That ACHA Discriminated Against Residents Based On Race
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58. On September 30, 2014, HUD issued a letter to ACHA finding that it had violated Title VI of the Civil Rights Act (“Title VI”), 42 U.S.C. § 2000d. See Exhibit A (HUD letter to ACHA). HUD determined that ACHA violated Title VI by engaging in intentional racial segregation in McBride and Elmwood. Id.
59. HUD also found that ACHA was well aware of the security and conditions issues at McBride and Elmwood, but failed to provide adequate maintenance and security resources to either development.
60. HUD concluded that ACHA’s segregation of the developments by race and its corresponding failure to maintain McBride and Elmwood resulted in an adverse impact on African-American families and residents.
61. Despite these findings, ACHA, Wilson, and Franklin continued their pattern and practice of segregating families based on race and familial status and continued to allow the conditions at McBride and Elmwood to deteriorate because of the residents’ race.
ACHA’s Enforces A Rule That Discriminates Against Families With Children 62. All of ACHA’s 478 units are designated as family public housing. 63. However, for at least the past ten years, ACHA, through its Board and Executive Directors, have implemented a rule prohibiting families with children from living in Connell Smith, Shoemaker, and several of the scattered site developments and improperly reserved them for seniors and people with disabilities. 64. Neither Connell Smith nor Shoemaker nor the scattered-site programs satisfy the Fair Housing Act’s definition of “housing for older persons” as defined at 42 U.S.C. § 3607(b)(2).
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65. ACHA never sought to re-designate Connell Smith, Shoemaker, or the scatted site programs under PIH Notice 2005-2 prior to implementing this rule barring families with minor children and designating certain buildings as senior/disabled housing.
66. Wilson and Franklin worked as ACHA Executive Director during relevant time periods. They both enforced the rule prohibiting families with children from living in Connell Smith, Shoemaker and the scattered site developments
ACHA Breaches Its Residential Lease 67. On information and belief, during each year that they lived in a ACHA unit, Plaintiffs signed a lease with ACHA that provided as follows: PHA Obligations [966.4(e): The PHA shall be obligated:
a) To maintain the dwelling unit and the project in decent, safe, and sanitary condition.
b) To comply with the requirement of applicable building codes, housing codes, and HUD regulations materially affecting health and safety;
c) To make necessary repairs to the dwelling unit. As well, pursuant to 24 C.F.R. § 966.4(h), the lease:
… [sets] forth the rights and obligations of the tenant and the PHA if the dwelling unit is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants and shall provide that: (1) The tenant shall immediately notify the project management of the damage; (2) The PHA shall be responsible for repair of the unit within a reasonable time: Provided, That if the damage was caused by the tenant, tenant’s household or guests, the reasonable cost of the repairs shall be charged to the tenant; (3) The PHA shall offer standard alternative accommodations, if available where necessary repairs cannot be made within a reasonable time; and
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(4) Provisions shall be made for abatement of rent in proportion to the seriousness of the damage and loss in value as a dwelling if repairs are not made accordance with paragraph (h)(2) of this section or alternative accommodations not provided in accordance with paragraph (h)(3) of this section, except that no abatement of rent shall occur if the tenants rejects the alternative accommodation or if the damage was caused by the tenant, tenant’s household or guests. See Exhibit B (Copy of Sample Residential Lease Agreement). 68. ACHA breached its leases with Plaintiffs by allowing their units to fall into such a state of disrepair that the conditions are hazardous to the life, health, and safety of the occupants. Plaintiffs repeatedly notified ACHA of their terrible housing conditions. ACHA did not repair or address the conditions in a reasonable time and manner and did not offer standard alternative accommodations. ACHA also failed to abate the rent in proportion to the seriousness of the conditions and loss in value of the unit because the repairs were not made. 69. ACHA’s breach caused Plaintiffs to suffer out of pocket costs associated with paying the rent as well as substantial monetary injury. 70. Plaintiffs substantially performed their obligations under their residential leases with ACHA. 71. In failing to maintain Plaintiffs’ units in a decent, safe, and sanitary condition, Defendants demonstrated a conscious disregard for Plaintiffs’ welfare. CLASS ACTION ALLEGATIONS FOR INJUNCTIVE RELIEF PURPOSES ONLY 72. Plaintiffs bring the claims described in Counts I - VI on behalf of themselves and all others similarly situated pursuant to Rules 23(b)(2) of the Federal Rules of Civil Procedure. 73. All Plaintiffs bring their claims described in Counts I - VI on behalf of a proposed “McBride Elmwood Race Discrimination Subclass” defined as, “All current and former
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African-American ACHA public housing residents who lived in McBride or Elmwood in the two years prior to the filing of Plaintiffs’ original complaint.”
74. Plaintiffs Simelton, Brazil, Purdiman, Heard, Lowe, Vaughn, McAllister, Lee, Mitchell, Cornelius, and Baldwin bring the claims described in Counts VII and VIII on behalf of themselves and all others similarly situated pursuant to Rules 23(b)(2) of the Federal Rules of Civil Procedure.
75. Simelton, Brazil, Purdiman, Heard, Lowe, Vaughn, McAllister, Lee, Mitchell, Cornelius, and Baldwin bring the claims described in Counts VII and VIII on behalf of a proposed “McBride Elmwood Familial Status Discrimination Subclass” defined as, “All current and former ACHA public housing residents who lived in McBride or Elmwood with minor children in the two years prior to the filing of Plaintiffs’ original complaint.”
76. All Plaintiffs bring the claim described in Count IX on behalf of themselves and all others similarly situated pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure.
77. Plaintiffs bring the claim described in Count IX on behalf of a proposed “McBride Elmwood Residential Lease Subclass” defined as, “All current and former ACHA public housing residents who lived in McBride or Elmwood in the two years prior to the filing of Plaintiffs’ original complaint.”
78. Numerosity. The classes are so numerous that joinder of all of their members is impracticable. Upon information and belief, each subclass is comprised of hundreds of individuals. The putative class members are unlikely to press their claims on an individual basis because as residents of public housing, all putative class members have limited incomes, and the value of their individual claims is modest.
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Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 19 of 27 Page ID #385
79. Commonality and Predominance. There are questions of fact and law common to the class, including:
a) whether ACHA discriminated against residents in McBride and Elmwood based on their race by refusing to maintain those developments and by prohibiting them from living in Connell Smith and certain scattered site developments. b) whether ACHA discriminated against residents in McBride and Elmwood based on their familial status by refusing to allow families with children to live in Connell Smith and Shoemaker and certain scattered site developments. c) whether ACHA breached its public housing lease by not maintaining the units in a decent, safe, and sanitary condition and by not complying with all HUD regulations affecting health and safety. 80. Typicality and Adequacy. Plaintiffs’ claims are typical of the classes as a whole. All of the Plaintiffs’ claims for injunctive relief arise from the same unlawful practices: discriminating against residents in McBride and Elmwood based on their race and familial status and allowing the residential units to deteriorate. Proposed class representatives and class counsel will fairly and adequately protect the interests of the classes as a whole. Plaintiffs do not have any interests antagonistic to those of other class members. By filing this action, Plaintiffs have displayed an interest in vindicating their rights, as well as the claims of others who are similarly situated. Plaintiffs are represented by experienced counsel. 81. Superiority. A class action for injunctive relief is superior to other available methods for the fair and efficient adjudication of this controversy. 82. Injunctive and Declaratory Relief. ACHA has acted or refused to act on grounds that apply generally to the Rule 23(b)(2) class as a whole, so that final injunctive or declaratory relief is appropriate respecting the class as a whole. For years, ACHA has discriminated against the residents of McBride and Elmwood based on their race and familial status, in violation of the Fair Housing Act, Title VI, and the Illinois Civil Rights Act.
19

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 20 of 27 Page ID #386
INJURY TO THE PLAINTIFFS 83. Defendants’ actions threaten Plaintiffs with imminent and irreparable injury, including deteriorating housing, crime, discrimination, and segregation. 84. Defendants’ actions have the purpose and effect of limiting housing opportunities for racial minorities and families with children. 85. Defendants’ actions disproportionately deny housing opportunities in Alexander County to racial minorities and families with children. 86. According to the 2014 American Community Survey, Alexander County contains an estimated total of 7,821 people, of whom 59.7% are non-Hispanic white and 35.9% are African-American. African-Americans in Alexander County are disproportionately poor. 53.8% of African-American households in Alexander County earn incomes below the federal poverty line, compared to 19.7% of non-Hispanic white households. In 2014, 85.7% of AfricanAmerican households in Alexander County were income eligible for federally assisted housing, compared to 59.8% of non-Hispanic white households in Alexander County. While AfricanAmericans comprise 35.9% of Alexander County’s population, approximately 45.2% of Alexander County households who are eligible for federally assisted housing are AfricanAmerican. 87. According to the 2014 American Community Survey, Alexander County contains 2,826 households, of which 25.7% include children under the age of 18. Families with children under the age of 18 in Alexander County are disproportionately poor. 60.3% of such households earn incomes below the federal poverty line, compared to 30.3% of households overall. In 2014, 80.3% of Alexander County households with children under the age of 18 were income eligible
20

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 21 of 27 Page ID #387
for federally assisted housing, compared with 46.1% of Alexander County households with no children under the age of 18 in the household.
88. African-Americans also disproportionately reside in ACHA’s public housing. Almost 80% of ACHA’s units contain a head of household who is African-American.
89. Through their actions described above, Defendants have acted negligently, intentionally, maliciously, and with willful, malicious, wanton, and reckless disregard for federal and state fair housing and non-discrimination laws.
90. Through their actions of allowing units at McBride and Elmwood to fall into a state of disrepair as further described above, Defendants have acted negligently, intentionally, maliciously, and with willful, malicious, wanton, and reckless disregard for the rights of the Plaintiffs.
91. Defendants’ actions have caused and will continue to create a severe hardship for Plaintiffs.
92. Plaintiffs have no adequate remedy at law. LEGAL CLAIMS
COUNT I – FAIR HOUSING ACT CLAIM DISPARATE TREATMENT BASED ON RACE
(Against All Defendants) 93. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein. 94. Defendants, through their actions and the actions of their agents, intentionally discriminated against African-Americans living at McBride and Elmwood based on their race, in violation of 42 U.S.C. § 3604.
COUNT II – FAIR HOUSING ACT CLAIM DISPARATE IMPACT BASED ON RACE
21

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 22 of 27 Page ID #388
(Against All Defendants) 95. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein. 96. Defendants’ actions as described above have had an adverse disparate impact upon Plaintiffs as African-Americans, without any legitimate justification and therefore, constitute a violation of the Fair Housing Act, 42 U.S.C. §§ 3604.
COUNT III – FAIR HOUSING ACT CLAIM PERPETUATION OF RACIAL SEGREGATION
(Against All Defendants) 97. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein. 98. Defendants’ actions as described above perpetrate segregation on the basis of race in violation of the Fair Housing Act § 3604.
COUNT IV – FAIR HOUSING ACT CLAIM FAILURE TO AFFIRMATIVELY FURTHER FAIR HOUSING
(Against ACHA) 99. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein. 100. ACHA is a “person” within the meaning of 42 U.S.C. § 1983, and its actions described herein were taken under color of state law. 101. By engaging in the actions and omissions described above, and failing to take meaningful action to remedy these egregious civil rights violations, ACHA has violated its duty to affirmatively further fair housing, in violation of 42 U.S.C. § 3608(e)(5). By breaching its duty to affirmatively further fair housing, ACHA deprived Plaintiffs of rights secured to them by federal law, in violation of 42 U.S.C. § 1983.
22

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 23 of 27 Page ID #389
COUNT V – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (Against ACHA)
102. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
103. ACHA, through its actions and the actions of its agents, are liable for the violation of Plaintiffs’ rights under Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000d et seq., under which, “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
COUNT VI – ILLINOIS CIVIL RIGHTS ACT OF 2003 CLAIM (Against ACHA)
104. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
105. ACHA, through its actions and the actions of its agents, are liable for the violation of Plaintiffs’ rights under the Illinois Civil Rights Act of 2003, 740 Ill. Comp. Stat. Ann. 23/5, under which, “[n]o unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender; or (2) utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
COUNT VII – FAIR HOUSING ACT CLAIM DISPARATE TREATMENT BASED ON FAMILIAL STATUS
(Against All Defendants)
23

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 24 of 27 Page ID #390
106. Plaintiffs Simelton, Purdiman, Brazil, Heard, Lowe, Vaughn, McAllister, Lee, Mitchell, Cornelius, and Baldwin re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
107. Defendants, through their actions and the actions of their agents, intentionally discriminated against families with minor children, in violation of 42 U.S.C. § 3604.
COUNT VIII – FAIR HOUSING ACT CLAIM DISPARATE IMPACT BASED ON FAMILIAL STATUS
(Against All Defendants) 108. Plaintiffs Simelton, Purdiman, Brazil, Lowe, Heard, Vaughn, McAllister, Lee, Mitchell, Cornelius, and Baldwin re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein. 109. Defendants’ actions as described above will have an adverse disparate impact upon plaintiffs as families with minor children, without any legitimate justification and therefore, constitute a violation of the Fair Housing Act, 42 U.S.C. §§ 3604.
COUNT IX – BREACH OF ACHA’S RESIDENTIAL LEASE STATE LAW BREACH OF CONTRACT CLAIM (Against ACHA)
110. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
111. Defendant ACHA breached its duties under its respective leases with the Plaintiffs in that ACHA failed to maintain their dwelling unit and the project in decent, safe, and sanitary condition as required by ACHA’s standard residential lease.
112. Defendant ACHA breached its duties under its respective leases with the Plaintiffs in that ACHA failed to comply with the requirements of applicable building codes, housing codes, and HUD regulations materially affecting health and safety.
24

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 25 of 27 Page ID #391
113. ACHA’s breach of the residential leases have caused damage to the Plaintiffs. COUNT X – NEGLIGENCE (Against ACHA)
114. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
115. Under its residential leases with the Plaintiffs, ACHA undertook a duty to maintain the dwelling units in a decent, safe, and sanitary condition and to comply with all HUD regulations materially affecting health and safety.
116. Defendant ACHA breached its duty to the Plaintiffs in that ACHA allowed the dwelling units to become infested with mice, roaches, bedbugs, and mold and allowed the units’ plumbing systems to fall into disrepair.
COUNT XI – WILLFUL AND WANTON CONDUCT (Against ACHA)
117. Plaintiffs re-allege paragraphs 1 to 71 of this Complaint and incorporate them herein.
118. Under its residential leases with the Plaintiffs, ACHA undertook a duty of care to maintain the dwelling units in a decent, safe, and sanitary condition, to comply with all HUD regulations materially affecting health and safety, and to refrain from willful and wanton misconduct.
119. Defendant ACHA breached its duty of care and duty to refrain from willful and wanton misconduct to the Plaintiffs in that ACHA allowed the dwelling units to become infested with mice, roaches, bedbugs, and mold and allowed the units’ plumbing and heating systems to fall into disrepair.
25

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 26 of 27 Page ID #392
120. In breaching its duty to the Plaintiffs, ACHA actually and deliberated intended to cause harm to the Plaintiffs or demonstrated a conscious disregard for the Plaintiffs’ welfare.
RELIEF REQUESTED WHEREFORE, Plaintiffs respectfully request that this Court: a. Declare that the acts and omissions of the Defendants, as set forth above, violate the Fair Housing Act of 1968, as amended, 42 U.S.C. § 3601 et seq., Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d et seq., and the Illinois Civil Rights Act of 2003, 740 Ill. Comp. Stat. Ann. 23/5; b. Find that the Defendants’ conduct was tortuous and the proximate cause of damages to the Plaintiffs; c. Enter a preliminary and permanent injunction, without bond or upon a nominal bond, enjoining ACHA from discriminating against the Plaintiffs and members of the McBride and Elmwood subclass based on their race or familial status and directing ACHA to take all affirmative steps necessary to remedy the effects of the illegal, discriminatory conduct described herein and to prevent similar occurrences in the future; d. Find that the Defendants violated the residential lease; e. Award monetary relief to the Plaintiffs in the amount of compensatory damages, abatement of rent, punitive damages, and prejudgment interest in an amount to be proven at trial; f. Enter an order requiring Defendants to pay Plaintiffs’ reasonable costs and attorneys’ fees for the prosecution of this action, pursuant to 42 U.S.C. § 3613(c)(2), 740 Ill. Comp. Stat. Ann. 23/5(c), and 42 U.S.C. § 1988; g. Certify the McBride Elmwood Familial Status Discrimination Subclass, the McBride Elmwood Race Discrimination Subclass, and the McBride Elmwood Residential Lease
26

Case 3:16-cv-00513-MJR-RJD Document 66 Filed 02/13/17 Page 27 of 27 Page ID #393
Subclass, and the McBride Elmwood Negligence Subclass defined above and appoint the undersigned attorneys as Class Counsel; and
h. Grant Plaintiffs such further relief as this Court deems just and proper. Jury Demand
Plaintiffs demand trial by jury on all issues as to which a jury trial is available. DATED: February 13, 2017
By: /s/ Christopher J. Wilmes Attorneys for Plaintiffs
Christopher J. Wilmes HUGHES, SOCOL, PIERS, RESNICK, & DYM, LTD. 70 W. Madison Street, Suite 4000 Chicago, Illinois 60602 312-580-0100 Katherine E. Walz Kevin Herrera Emily Coffey SARGENT SHRIVER NATIONAL CENTER ON POVERTY LAW 50 East Washington Street, Suite 500 Chicago, Illinois 60602 312-263-3830 Attorneys for Plaintiffs
27

 
 Case 3:16-cv-00513-MJR-RJD Document 102 Filed 09/12/17 Page 1 of 3 Page ID #547

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

PAUL LAMBERT, MARY HOLDER,

)

BARBARA HOLDER, PAMELA

)

PURDIMAN, SHAMEKA NELSON,

)

KIMBERLY SIMELTON, CHENA

)

BRAZIL, SHAWNYA WILLIAMS, MYRA )

RAYFORD, ELISHA LEE, ANGELA

)

MITCHELL, AARON HALL, MONICA

)

WOODSON, CHAUNCEY DAVIS,

)

CHARLOTTE VIEL, DANIELLE LOWE,

)

KIMBERLY MCALLISTER, JACQUELINE )

VAUGHN, DENIESHIA CHILDRESS,

)

LENECA BALDWIN, TIARRA BEDFORD, )

SHENUNITH ELLIS, LILLIE JONES,

)

AUDREY TABOR, KELSEY LOWE,

)

DESHAWNA WASHAM, TANISHA

)

JOHNSON, BEVERLY DAVIS, JEANETTE )

DAVIS, CHARMAINE LAMBERT,

)

CARLOS TRENTON, and THERAS

)

HEARD, on behalf of themselves and all

)

others similarly-situated,

)

)

Plaintiffs,

)

)

vs.

)

)

ALEXANDER COUNTY HOUSING

)

AUTHORITY, JAMES WILSON, and

)

MARTHA FRANKLIN,

)

)

Defendants.

)

)

)

)

Case No. 16-cv-513-MJR-RJD

MEMORANDUM & ORDER

REAGAN, Chief Judge:

On February 13, 2017, Plaintiffs filed a third amended complaint alleging that

Defendants engaged in racial and family status discrimination at the McBride and

1

Case 3:16-cv-00513-MJR-RJD Document 102 Filed 09/12/17 Page 2 of 3 Page ID #548
Elmwood family housing developments in violation of the Fair Housing Act, 42 U.S.C. § 3604, Title VI of the Civil Rights Act, and the Illinois Civil Rights Act of 2003. On April 14, 2017, counsel for Plaintiffs Latonya Lee and Denieshia Childress moved to withdraw. (Doc. 82). According to the motion, counsel for Childress attempted to contact her repeatedly by phone and by letter, and she did not respond to their attempts. Magistrate Judge Reona J. Daly granted the motion to withdraw on April 17, 2017. (Doc. 83). Counsel moved to withdraw from representing Coretta Cornelius on May 9, 2017. (Doc. 90). The motion was granted on May 10, 2017. (Doc. 92).
During a June 15, 2017, telephone status conference, counsel for the represented plaintiffs and for the defendants indicated that they had reached a tentative settlement and that the claims of the represented plaintiffs were ready for a 60-day order of dismissal. (Doc. 93). Lee, Childress, and Cornelius did not appear and did not participate in the settlement negotiations. After the hearing, Magistrate Judge Daly entered an order as to Lee, Childress, and Cornelius (Doc. 95) directing them to inform the Court in writing by July 14, 2017, whether they intended to proceed with their claims. They were warned that failure to comply with the Court’s order could result in dismissal of their claims for want of prosecution. The order was mailed to the three plaintiffs at their last known addresses. Denieshia Childress responded (Doc. 96) and indicated that she would like to proceed with her claims pro se, but Lee and Cornelius did not respond. On August 1, 2017, the claims of Lee and Cornelius were dismissed for failure to prosecute.
Magistrate Judge Daly scheduled a telephone status conference for August 14, 2

Case 3:16-cv-00513-MJR-RJD Document 102 Filed 09/12/17 Page 3 of 3 Page ID #549

2017, to discuss the status of Childress’s claims (Doc. 100). Childress was warned that

failure to participate in the status conference could lead to the dismissal of her claims

for lack of prosecution. The order was sent to Childress at her address of record, but she

failed to appear at the status conference. (See Doc. 101).

Childress’s failure to appear and to participate in this action leads the

undersigned to conclude that she has failed to properly prosecute her claims.

Accordingly, the Court hereby DISMISSES the claims of Plaintiff Denieshia Childress

pursuant to Federal Rule of Civil Procedure 41(b).

On July 27, 2017, the represented plaintiffs filed a stipulation of dismissal with

prejudice and without costs, each party to bear its own attorneys’ fees. (Doc. 97).

Federal Rule of Civil Procedure 41(a)(1)(ii) permits a plaintiff to voluntarily dismiss a

case without a court order by filing a stipulation of dismissal signed by all parties who

have appeared. In this case, however, the stipulation was not signed by all parties who

had appeared at the time it was filed, and Rule 41(a)(2) requires an order by the Court

to dismiss the claims. Having reviewed the record, the undersigned FINDS that the

request of the represented Plaintiffs to dismiss their claims with prejudice is

appropriate. The claims of the represented Plaintiffs are hereby DISMISSED with

prejudice and without costs, each party to bear its own attorneys’ fees. As no claims

remain pending, the Clerk is DIRECTED to close this case.

IT IS SO ORDERED. DATED: September 12, 2017
3

s/ Michael J. Reagan
MICHAEL J. REAGAN United States District Judge

 
 Case 3:16-cv-00513-MJR-RJD Document 97 Filed 07/27/17 Page 1 of 3 Page ID #539

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION

PAUL LAMBERT, MARY HOLDER,

)

BARBARA HOLDER, PAMELA

)

PURDIMAN, SHAMEKA NELSON,

)

KIMBERLY SIMELTON, CHENA BRAZIL, )

KIMBERLY MCALLISTER, DENIESHIA )

CHILDRESS, KELSEY LOWE, ANGELA )

MITCHELL, LATONYA LEE, DESHAWNA )

WASHAM, CARLOS TRENTON,

)

CHARMAINE LAMBERT, AARON HALL, )

CORETTA CORNELIUS, TANISHA

)

JOHNSON, AUDREY TABOR, BEVERLY )

DAVIS, MYRA RAYFORD, SHENUNITH )

ELLIS, LENECA BALDWIN, SHAWNYA )

WILLIAMS, CHAUNCEY DAVIS, LILLIE )

JONES, TIARRA BEDFORD, JEANETTE )

DAVIS, JACQUELINE VAUGHN, DANIELLE )

LOWE, ELISHA LEE, CHARLOTTE VIEL, )

and THERAS HEARD, on behalf of themselves )

and all others similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

ALEXANDER COUNTY HOUSING

)

AUTHORITY, JAMES WILSON,

)

and MARTHA FRANKLIN,

)

an Illinois municipal corporation,

)

)

Defendants.

)

Case No. 3:16-cv-513-MJR-RJD
Judge Michael Reagan Magistrate Judge Reona J. Daly

STIPULATION OF DISMISSAL Plaintiffs Paul Lambert, Mary Holder, Barbara Holder, Pamela Purdiman, Shameka Nelson, Kimberly Simelton, Chena Brazil, Kimberly McAllister, Kelsey Lowe, Angela Mitchell, Deshawna Washam, Carlos Trenton, Chermaine Lambert, Aaron Hall, Tanisha Johnson, Audrey Tabor, Beverly Davis, Myra Rayford, Shenunith Ellis, Leneca Baldwin, Shawnya Williams,

Case 3:16-cv-00513-MJR-RJD Document 97 Filed 07/27/17 Page 2 of 3 Page ID #540
Chauncey Davis, Lillie Jones, Tiarra Bedford, Jeanette Davis, Jacqueline Vaughn, Danielle Lowe, Elisha Lee, Charlotte Viel, and Theras Heard and Defendants Alexander County Housing Authority, James Wilson and Martha Franklin stipulate that Plaintiffs’ claims against Defendants may be dismissed with prejudice and without costs, each party to bear its own attorneys’ fees, and that an order to that effect may be entered without further notice.
This stipulation of dismissal does not affect the claims of Denieshia Childress, Coretta Cornelius, and LaTonya Lee. AGREED:
By: /s/ Christopher J. Wilmes Christopher J. Wilmes HUGHES, SOCOL, PIERS, RESNICK, & DYM, LTD. 70 W. Madison Street, Suite 4000 Chicago, Illinois 60602 312-580-0100 Katherine E. Walz Kevin Herrera SARGENT SHRIVER NATIONAL CENTER ON POVERTY LAW 50 East Washington Street, Suite 500 Chicago, Illinois 60602 312-263-3830 Attorneys for Certain Plaintiffs
By: /s/ Stephen Moore Stephen Moore Galloway, Johnson, Tompkins, Burr & Smith, PLC 7800 Forsyth Blvd., Suite 600 St. Louis, MO 63105 Attorneys for Defendants
2

Case 3:16-cv-00513-MJR-RJD Document 97 Filed 07/27/17 Page 3 of 3 Page ID #541
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2017, I electronically filed the foregoing Stipulation of
Dismissal using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to
the following CM/ECF Registrant:
Stephen Moore Galloway, Johnson, Tompkins, Burr & Smith, PLC 7800 Forsyth Blvd., Suite 600 St. Louis, MO 63105 Counsel for Defendants
and by first-class U.S. Mail to:
Denieshia Childress 826 McBride Cairo, IL 61914 Plaintiff pro se
/s/ Christopher J. Wilmes One of the Attorneys for Plaintiffs

 
 Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 1 of 22
CASREF,CJRA_D,CLOSED,JMB,RJD
U.S. District Court Southern District of Illinois (East St. Louis) CIVIL DOCKET FOR CASE #: 3:16−cv−00513−MJR−RJD

Lambert et al v. Alexander County Housing Authority et al Assigned to: Chief Judge Michael J. Reagan Referred to: Magistrate Judge Reona J. Daly Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 05/10/2016 Date Terminated: 09/12/2017 Jury Demand: Both Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question

Paul Lambert on behalf of themselves and all others similarly situated

represented by Charles Wysong Hughes Socol Piers Resnick & Dym, Ltd 70 West Madison Street Suite 4000 Chicago, IL 60602 312−604−2664 Fax: 312−604−2665 Email: cwysong@hsplegal.com ATTORNEY TO BE NOTICED

Emily J. Coffey Sargent Shriver National Center on Poverty Law 50 East Washington St. Suite 500 Chicago, IL 60602 312−724−8411 Fax: 312−724−8411 Email: emilycoffey@povertylaw.org ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz Sargent Shriver National Center on Poverty Law 50 East Washington St. Suite 500 Chicago, IL 60602 312−368−2679 Email: KateWalz@povertylaw.org ATTORNEY TO BE NOTICED

Kevin L. Herrera Sargent Shriver National Center on Poverty Law 50 East Washington St. Suite 500 Chicago, IL 60602 312−549−9877 Fax: 312−549−9877 Email: kevinherrera@povertylaw.org ATTORNEY TO BE NOTICED

Christopher J. Wilmes Hughes Socol Piers Resnick & Dym, Ltd 70 West Madison Street Suite 4000 Chicago, IL 60602 312−604−2636 Fax: 312−604−2637 ATTORNEY TO BE NOTICED

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 2 of 22

Plaintiff Mary Holder on behalf of themselves and all others similarly situated
Plaintiff Barbara Holder on behalf of themselves and all others similarly situated
Plaintiff William Frey on behalf of themselves and all others similarly situated TERMINATED: 07/20/2016
Plaintiff Pamela Purdiman on behalf of themselves and all others

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED
Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED
Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED
Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED
Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED
Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Charles Wysong (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 3 of 22

similarly situated

ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Shameka Nelson on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Kimberly Simelton on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Chena Brazil on behalf of themselves and all others

represented by Charles Wysong (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 4 of 22

similarly situated

ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Shawnya Williams on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Myra Rayford on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Elisha Lee on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 5 of 22

ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Angela Mitchell on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Aaron Hall on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Monica Woodson on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 6 of 22

Chauncey Davis on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Latonya Lee on behalf of themselves and all others similarly situated TERMINATED: 08/01/2017

represented by Latonya Lee 606 Elmwood Cairo, IL 62914 PRO SE

Charles Wysong (See above for address) TERMINATED: 04/17/2017

Christopher J. Wilmes (See above for address) TERMINATED: 04/17/2017

Plaintiff
Charlotte Viel on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Danielle Lowe on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 7 of 22

Plaintiff Kimberly McAllister on behalf of themselves and all others similarly situated
Plaintiff Jacqueline Vaughn on behalf of themselves and all others similarly situated
Plaintiff Denieshia Childress on behalf of themselves and all others similarly situated

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED
Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED
Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED
Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED
Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED
Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED
Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED
represented by Denieshia Childress 826 McBride Cairo, IL 62914 PRO SE
Charles Wysong (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 8 of 22

TERMINATED: 04/17/2017

Christopher J. Wilmes (See above for address) TERMINATED: 04/17/2017

Plaintiff
Leneca Baldwin on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Tiarra Bedford on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Shenunith Ellis on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 9 of 22

ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Lillie Jones on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Audrey Tabor on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Kelsey Lowe on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 10 of 22

ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Deshawna Washam on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Tanisha Johnson on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Coretta Cornelius on behalf of themselves and all others similarly situated TERMINATED: 08/01/2017

represented by Coretta Cornelius 702 McBride Cairo, IL 62914 PRO SE

Charles Wysong (See above for address) TERMINATED: 05/10/2017

Christopher J. Wilmes (See above for address) TERMINATED: 05/10/2017

Emily J. Coffey

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 11 of 22

(See above for address) TERMINATED: 05/10/2017

Katherine Elizabeth Walz (See above for address) TERMINATED: 05/10/2017

Kevin L. Herrera (See above for address) TERMINATED: 05/10/2017

Plaintiff
Beverly Davis on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Jeanette Davis on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Charmaine Lambert on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 12 of 22

(See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Carlos Trenton on behalf of themselves and all others similarly situated

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Theras Heard

represented by Charles Wysong (See above for address) ATTORNEY TO BE NOTICED

Emily J. Coffey (See above for address) ATTORNEY TO BE NOTICED

Katherine Elizabeth Walz (See above for address) ATTORNEY TO BE NOTICED

Kevin L. Herrera (See above for address) ATTORNEY TO BE NOTICED

Christopher J. Wilmes (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Alexander County Housing Authority an Illinois municipal corporation

represented by Stephen J. Moore Galloway, Johnson et al. 7800 Forsyth Blvd. Suite 600 St. Louis, MO 63105 314−725−0525

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 13 of 22

Fax: 314−725−7150 Email: smoore@GJTBS.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolyn J. Geoghegan Galloway, Johnson et al. 7800 Forsyth Blvd. Suite 600 St. Louis, MO 63105 314−725−0525 Fax: 314−725−7150 Email: cgeoghegan@gallowaylawfirm.com ATTORNEY TO BE NOTICED

Jessica B. Cozart Galloway, Johnson et al. 7800 Forsyth Blvd. Suite 600 St. Louis, MO 63105 314−725−0525 Fax: 314−725−7150 Email: jcozart@gallowayjohnson.com ATTORNEY TO BE NOTICED

Defendant James Wilson

represented by Stephen J. Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolyn J. Geoghegan (See above for address) ATTORNEY TO BE NOTICED

Jessica B. Cozart (See above for address) ATTORNEY TO BE NOTICED

Defendant
Thomas Upchurch TERMINATED: 01/10/2017

represented by Stephen J. Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica B. Cozart (See above for address) ATTORNEY TO BE NOTICED

Defendant
Joanne Pink TERMINATED: 01/10/2017

represented by Stephen J. Moore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica B. Cozart (See above for address) ATTORNEY TO BE NOTICED

Defendant Martha Franklin

represented by Stephen J. Moore (See above for address)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 14 of 22
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carolyn J. Geoghegan (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Cozart (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/10/2016
05/10/2016 05/10/2016 05/10/2016
05/13/2016
05/13/2016 05/13/2016 05/13/2016 05/13/2016 05/13/2016 05/24/2016
05/24/2016 05/24/2016 05/24/2016 05/24/2016 06/06/2016

# Docket Text
1 COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 400 receipt number 0754−2934406.), filed by All Plaintiffs. (Attachments: # 1 Exhibit A − HUD Letter, # 2 Exhibit B − Sample Lease)(Wilmes, Christopher) (Entered: 05/10/2016)
2 NOTICE of Appearance by Christopher J. Wilmes on behalf of All Plaintiffs (Wilmes, Christopher) (Entered: 05/10/2016)
3 EXHIBIT by All Plaintiffs. Exhibit to 1 Complaint (Civil Cover Sheet). (Wilmes, Christopher) (Entered: 05/10/2016)
4 Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Philip M. Frazier assigned. All future documents must bear case number 16−513−MJR−PMF. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (tkm) (Entered: 05/10/2016)
5 Summons Requested. (Attachments: # 1 Summons to Defendant Wilson, # 2 Summons to Defendant Franklin, # 3 Summons to Defendant Upchurch, # 4 Summons to Defendant Pink)(Wilmes, Christopher) (Entered: 05/13/2016)
6 Summons Issued as to Alexander County Housing Authority (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)
7 Summons Issued as to James Wilson (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)
8 Summons Issued as to Thomas Upchurch (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)
9 Summons Issued as to Joanne Pink (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)
10 Summons Issued as to Martha Franklin (original summons mailed to attorney Christopher J. Wilmes). (tkm) (Entered: 05/13/2016)
11 SUMMONS Returned Executed by All Plaintiffs. Alexander County Housing Authority served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)
12 SUMMONS Returned Executed by All Plaintiffs. James Wilson served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)
13 SUMMONS Returned Executed by All Plaintiffs. Thomas Upchurch served on 5/18/2016, answer due 6/8/2016. (Wilmes, Christopher) (Entered: 05/24/2016)
14 SUMMONS Returned Executed by All Plaintiffs. Joanne Pink served on 5/20/2016, answer due 6/10/2016. (Wilmes, Christopher) (Entered: 05/24/2016)
15 SUMMONS Returned Executed by All Plaintiffs. Martha Franklin served on 5/20/2016, answer due 6/10/2016. (Wilmes, Christopher) (Entered: 05/24/2016)
16 Consent MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Moore, Stephen) (Entered: 06/06/2016)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 15 of 22

06/06/2016 06/06/2016 06/06/2016 06/07/2016
06/07/2016
06/07/2016 06/10/2016 06/14/2016 06/14/2016
06/14/2016 06/27/2016 06/28/2016

17 NOTICE of Appearance by Stephen J. Moore on behalf of All Defendants (Moore, Stephen) (Entered: 06/06/2016)
18 ENTRY STRICKEN − NOTICE of Appearance by Stephen J. Moore on behalf of All Defendants (Moore, Stephen) Modified on 6/7/2016 (tkm). (Entered: 06/06/2016)
19 PRO SE RESPONSE to 1 Complaint by James Wilson.(slh) (Entered: 06/06/2016)
20 ORDER granting 16 Motion for Extension of Time to Answer. The defendants demonstrate good cause for an extension of time. The deadline for the defendants to file an answer or otherwise respond to plaintiffs' complaint is hereby extended to June 28, 2016. Signed by Magistrate Judge Philip M. Frazier on 6/7/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/07/2016)
21 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 18 Notice of Appearance filed by James Wilson, Martha Franklin, Joanne Pink, Thomas Upchurch, Alexander County Housing Authority. Login and password of Stephen Moore used; however, the document is signed by Jessica B. Cozart. Signature on the document must match the login and password used to file the document.Docket entry STRICKEN as Ordered by the Court. Document must be re−filed. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/07/2016)
22 NOTICE of Appearance by Jessica B. Cozart on behalf of All Defendants (Cozart, Jessica) (Entered: 06/07/2016)
23 CJRA TRACK D assigned: Final Pretrial Conference set for 4/6/2018 at 10:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Jury Trial set for 4/16/2018 at 09:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Signed by Chief Judge Michael J. Reagan on 06/10/16. (Attachments: # 1 Consent to Magistrate Judge)(dkd) (Entered: 06/10/2016)
24 NOTICE of Scheduling and Discovery Conference: Scheduling/Discovery Conference set for 7/19/2016 at 10:30 AM via telephone before Magistrate Judge Philip M. Frazier. To join the conference call the parties should call 888−684−8852. The access code is 1026624. The security code is 6433. Lead counsel for the parties must participate in the conference. (krm) (Entered: 06/14/2016)
25 ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Frazier and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Frazier's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non−prevailing party. Signed by Magistrate Judge Philip M. Frazier on 6/14/2016. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/14/2016)
26 Response to 1 Complaint by Martha Franklin.(slh) (Entered: 06/14/2016)
27 Joint MOTION to Stay Proceedings by All Defendants. (Attachments: # 1 Proposed Order − Deleted)(Moore, Stephen) Modified on 6/28/2016 (tkm). (Entered: 06/27/2016)
28 NOTICE OF ERRORS AND/OR DEFICIENCIES re 27 Motion to Stay filed by James Wilson, Martha Franklin, Joanne Pink, Thomas Upchurch, Alexander County Housing Authority. See attached document for specifics (tkm) (Entered: 06/28/2016)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 16 of 22

06/28/2016 06/29/2016
06/30/2016 07/06/2016 07/06/2016 07/15/2016
07/15/2016 07/18/2016
07/18/2016 07/20/2016

29 MOTION for Extension of Time to File Answer by All Defendants. (Moore, Stephen) (Entered: 06/28/2016)
30 ORDER: On June 10, 2016, the Court assigned this case to Track D, the longest track available for civil cases, and assigned it a trial date of April 16, 2018. On June 27, 2016, the parties jointly moved for a 60−day stay so that they can explore an informal resolution of this case. The decision to stay a case is entrusted to the Court's discretion, and given the lengthy trial practice schedule that the parties will enjoy in this case, the Court is not of the view that a stay is necessary to allow the parties to explore an early resolution. The motion for a stay (Doc. 27 ) is DENIED. The parties remain free to pursue an early resolution and the defendants remain free to move for extensions of time to file their answers during that process −− those extension motions will be resolved by Magistrate Judge Frazier. In filing motions for extensions, the parties should remain mindful of the scheduled trial date and the deadlines that will accompany that date. Signed by Chief Judge Michael J. Reagan on 6/29/2016. (wtw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/29/2016)
31 ORDER granting 29 Motion for Extension of Time to Answer. The deadline for the defendants to file an answer or otherwise respond to the plaintiffs' complaint is hereby extended to July 18, 2016. Signed by Magistrate Judge Philip M. Frazier on 6/30/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/30/2016)
32 NOTICE of Appearance by Katherine Elizabeth Walz on behalf of All Plaintiffs (Walz, Katherine) (Entered: 07/06/2016)
33 NOTICE of Appearance by Kevin L. Herrera on behalf of All Plaintiffs (Herrera, Kevin) (Entered: 07/06/2016)
34 SCHEDULING AND DISCOVERY ORDER: Joint Report of Parties approved and entered. Scheduling and Discovery Conference set for 7/19/2016 at 10:30 AM via telephone before Magistrate Judge Frazier is CANCELED. Discovery due by 12/7/2017. Dispositive Motions due by 12/22/2017. Status Conference set for 10/12/2016 at 9:30 AM via telephone before Magistrate Judge Frazier. The parties should call the Court's conference line, 618−439−7731, to join the call. Signed by Magistrate Judge Philip M. Frazier on 7/14/2016. (Attachments: # 1 Joint Report of Parties) (krm) (Entered: 07/15/2016)
35 MOTION to Amend/Correct Motion for Leave to File an Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit A − Amended Complaint)(Wilmes, Christopher) (Entered: 07/15/2016)
36 NOTICE OF ERRORS AND/OR DEFICIENCIES re 35 Motion to Amend/Correct filed by Paul Lambert, Kimberly Simelton, Shameka Nelson, Pamela Purdiman, Barbara Holder, William Frey, Mary Holder. Filer selected incorrect event and attached the proposed document as an exhibit. Filer should have selected Motion for Leave to File and should have e−mailed the proposed document to the appropriate Judge's e−mail address. Notice of Errors for informational purposes. Filer needs to e−mail the proposed document to the appropriate Judge's e−mail address for proposed documents/orders. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/18/2016)
37 Consent MOTION for Extension of Time to File Answer by All Defendants. (Moore, Stephen) (Entered: 07/18/2016)
38 ORDER granting 35 Motion for Leave to File Amended Complaint; granting 37 Motion for Extension of Time to Answer. Leave to file an amended complaint shall be granted "when justice so requires," Fed.R.Civ.P. 15(a), and in the absence of "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed [or] undue prejudice to the opposing party[.]" Foman v. Davis, 83 S.Ct. 227, 230, 371 U.S. 178, 182 (1962). Finding that justice so requires, and with no opposition from the defendants, plaintiffs' motion is GRANTED. Plaintiffs shall file their first amended complaint instanter. The defendants' motion for extension of time to answer is GRANTED as well, the defendants shall file an answer or otherwise respond to plaintiffs' first amended complaint under the guidelines set at Rule 15(a)(3) of the Federal Rules of Civil

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 17 of 22

07/20/2016 07/20/2016 07/20/2016 08/03/2016 09/06/2016 09/06/2016 09/07/2016
09/12/2016
09/16/2016 10/12/2016 10/12/2016
10/12/2016 10/12/2016

Procedure. Signed by Magistrate Judge Philip M. Frazier on 7/20/16. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/20/2016)
39 AMENDED COMPLAINT Amended Class Action Complaint against All Defendants, filed by Shameka Nelson, Barbara Holder, Kimberly Simelton, Mary Holder, Paul Lambert, Pamela Purdiman, Chena Brazil.(Wilmes, Christopher) (Entered: 07/20/2016)
40 EXHIBIT by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. Exhibit to 39 Amended Complaint Exhibit A − HUD Letter to ACHA. (Wilmes, Christopher) (Entered: 07/20/2016)
41 EXHIBIT by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. Exhibit to 39 Amended Complaint Exhibit B − Sample Residential Lease Agreement. (Wilmes, Christopher) (Entered: 07/20/2016)
42 ANSWER to 39 Amended Complaint by All Defendants.(Moore, Stephen) (Entered: 08/03/2016)
43 STIPULATION of Dismissal Joint Stipulation of Dismissal With Prejudice as to Defendant Joanne Pink by All Plaintiffs. (Wilmes, Christopher) (Entered: 09/06/2016)
44 STIPULATION of Dismissal Joint Stipulation of Dismissal With Prejudice as to Defendant Thomas Upchurch by All Plaintiffs. (Wilmes, Christopher) (Entered: 09/06/2016)
45 NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Stipulation of Dismissal filed by Kimberly Simelton, Mary Holder, Paul Lambert, Shameka Nelson, Chena Brazil, Barbara Holder, Pamela Purdiman, William Frey, 44 Stipulation of Dismissal filed by Kimberly Simelton, Mary Holder, Paul Lambert, Chena Brazil, Shameka Nelson, Pamela Purdiman, Barbara Holder, William Frey. No "with consent" when document contains multiple signatures. Please refer to Section 2.0: page 2.1 of the User's Manual. This notice is informational − for reference with future filings. No further action required.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/07/2016)
46 ADMINISTRATIVE ORDER 189 REASSIGNING CASE REFERRAL. Case referral reassigned to Magistrate Judge Reona J. Daly. Case no longer referred to Magistrate Judge Frazier. All future pleadings shall bear case number 16−cv−513−MJR−RJD.Signed by Chief Judge Michael J. Reagan on 9/9/2016. (jlrr) (Entered: 09/12/2016)
Set/Reset Hearings: Status Conference set for 10/12/2016 at 09:30 AM via telephone before Magistrate Judge Reona J. Daly. The parties should call the Court's conference line, 618−439−7731, to join the call. (jlm) (Entered: 09/16/2016)
47 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly and Minute Order: Status Conference held on 10/12/2016. Settlement Conference set for 12/20/2016 at 9:00 AM in Benton. Separate order to enter. (jlm) (Entered: 10/12/2016)
48 STRICKEN ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/20/2016 09:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 12/13/2016. Signed by Magistrate Judge Reona J. Daly on 10/12/2016. (jlm) Modified on 10/12/2016 (jlm). (Entered: 10/12/2016)
49 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 48 Order for Settlement Conference. Document contains clerical error and will be re−filed. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/12/2016)
50 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/20/2016 09:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements due on or before 12/13/2016. Signed by Magistrate Judge Reona J. Daly on 10/12/2016. (jlm) (Entered: 10/12/2016)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 18 of 22

10/25/2016 10/26/2016
11/03/2016 12/08/2016 12/12/2016 12/14/2016 12/23/2016 01/10/2017 01/11/2017 01/11/2017
01/25/2017 01/26/2017 01/27/2017

51 Consent MOTION for Protective Order by Alexander County Housing Authority, Martha Franklin, James Wilson. (Attachments: # 1 Exhibit Proposed Order (proposed order deleted per notice of errors at doc. 52)(Moore, Stephen) Modified on 10/26/2016 (dkd). (Entered: 10/25/2016)
52 NOTICE OF ERRORS AND/OR DEFICIENCIES re 51 Motion for Protective Order filed by James Wilson, Martha Franklin, Alexander County Housing Authority. Proposed order attached as exhibit. Proposed documents/orders do not get electronically filed, but rather e−mailed to the appropriate Judges e−mail address for proposed documents/orders. Proposed order deleted by the Clerks Office. Filer needs to e−mail the proposed order to the appropriate Judges e−mail address for proposed documents/orders. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/26/2016)
53 PROTECTIVE ORDER. Signed by Magistrate Judge Reona J. Daly on 11/3/16. (dam) (Entered: 11/03/2016)
54 MOTION to Continue Plaintiffs' Agreed Motion to Reschedule December 20, 2016 Settlement Conference by All Plaintiffs. (Wilmes, Christopher) (Entered: 12/08/2016)
55 ORDER granting 54 Motion to Continue: Settlement Conference is RESET for 2/3/2017 at 9:00 a.m. in Benton Courthouse before Judge Daly. Settlement statements to be submitted on or before 1/27/2017. Signed by Magistrate Judge Reona J. Daly on 12/12/2016. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/12/2016)
56 NOTICE of Appearance by Emily J. Coffey on behalf of All Plaintiffs (Coffey, Emily) (Entered: 12/14/2016)
57 MOTION for Leave to File A Second Amended Complaint by Chena Brazil, Barbara Holder, Mary Holder, Paul Lambert, Shameka Nelson, Pamela Purdiman, Kimberly Simelton. (Wilmes, Christopher) (Entered: 12/23/2016)
58 ORDER granting 57 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the second amended complaint by 1/17/17. Signed by Magistrate Judge Reona J. Daly on 1/10/16. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/10/2017)
Deadline set: Plaintiff to file Second Amended Complaint by 1/17/2017, per Order at Doc. 58. (kls3) (Entered: 01/11/2017)
59 AMENDED COMPLAINT Second Amended Class Action Complaint against Alexander County Housing Authority, Martha Franklin, James Wilson, filed by Kimberly Simelton, Mary Holder, Paul Lambert, Shameka Nelson, Barbara Holder, Chena Brazil, Pamela Purdiman, Shawnya Williams, Myra Rayford, Elisha Lee, Angela Mitchell, Aaron Hall, Monica Woodson, Chauncey Davis, Latonya Lee, Charlotte Viel, Danielle Lowe, Kimberly McAllister, Jacqueline Vaughn, Denieshia Childress, Leneca Baldwin, Tiarra Bedford, Shenunith Ellis, Lillie Jones, Audrey Tabor, Kelsey Lowe, Deshawna Washam, Tanisha Johnson, Coretta Cornelius, Beverly Davis, Jeanette Davis, Charmaine Lambert, Carlos Trenton. (Attachments: # 1 Exhibit A − HUD Notice, # 2 Exhibit B − Sample Lease)(Wilmes, Christopher) (Entered: 01/11/2017)
60 ANSWER to 59 Amended Complaint,,, by Alexander County Housing Authority, Martha Franklin, James Wilson.(Moore, Stephen) (Entered: 01/25/2017)
61 ORDER: Settlement Conference presently set for 2/3/2017 is RESET for 5/4/2017 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 4/27/2017. Signed by Magistrate Judge Reona J. Daly on 1/26/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/26/2017)
62 ORDER: Due to a conflict in the Court's calendar, the Settlement Conference presently set for 5/4/2017 is STRICKEN and RESET for 5/5/2017 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Settlement Statements to be submitted on or before 4/28/2017. Signed by Magistrate Judge Reona J. Daly on 1/27/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 19 of 22

02/08/2017 02/09/2017 02/10/2017 02/13/2017
02/22/2017 02/22/2017
02/22/2017 03/02/2017 03/03/2017 03/09/2017

FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/27/2017)
63 MOTION for Leave to File A Third Amended Complaint by All Plaintiffs. (Wilmes, Christopher) (Entered: 02/08/2017)
64 ORDER: Discovery Dispute Conference set for 2/17/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. The parties should call Judge Daly's conference line at 618−439−7731 to join the call. Lead counsel for the parties must participate in the conference call. Signed by Magistrate Judge Reona J. Daly on 2/9/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/09/2017)
65 ORDER granting 63 Motion for Leave to File. Plaintiffs shall file the third amended complaint by 2/15/17. Signed by Magistrate Judge Reona J. Daly on 2/10/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/10/2017)
66 AMENDED COMPLAINT Third Amended Class Action Complaint against Alexander County Housing Authority, Martha Franklin, James Wilson, filed by Aaron Hall, Monica Woodson, Kimberly Simelton, Myra Rayford, Mary Holder, Elisha Lee, Paul Lambert, Charmaine Lambert, Leneca Baldwin, Carlos Trenton, Beverly Davis, Lillie Jones, Audrey Tabor, Tanisha Johnson, Jacqueline Vaughn, Angela Mitchell, Denieshia Childress, Kelsey Lowe, Tiarra Bedford, Deshawna Washam, Chauncey Davis, Charlotte Viel, Danielle Lowe, Coretta Cornelius, Shameka Nelson, Barbara Holder, Latonya Lee, Shenunith Ellis, Chena Brazil, Kimberly McAllister, Shawnya Williams, Jeanette Davis, Pamela Purdiman, Theras Heard. (Attachments: # 1 Exhibit A − HUD Notice, # 2 Exhibit B − Sample Lease)(Wilmes, Christopher) (Entered: 02/13/2017)
67 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Discovery Dispute Conference held on 2/17/2017. (dam) Modified on 2/22/2017 (kdb). (Entered: 02/22/2017)
68 ORDER: In accordance with the recent discovery dispute conference, Defendants Wilson and Franklin are ORDERED to either perform the searches of their Yahoo! email accounts with the terms specified by Plaintiffs' counsel in the presence of defense counsel or to provide their account information to defense counsel to allow defense counsel to perform the searches. To address privacy concerns regarding personal emails, defense counsel may review all responsive emails and withhold any clearly irrelevant or privileged emails before producing the emails to Plaintiffs. Defendant is further ORDERED to produce the executive session minutes for in camera review by 3/3/17 along with a brief regarding the deliberative privilege issue. Plaintiffs shall file a response brief by 3/10/17. Signed by Magistrate Judge Reona J. Daly on 2/22/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2017)
69 NOTICE OF MODIFICATION re 67 Discovery Dispute Conference date. Date modified to reflect date held as 02/17/17.(kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2017)
70 ANSWER to 66 Amended Complaint,,, by Alexander County Housing Authority.(Moore, Stephen) (Entered: 03/02/2017)
71 Defendants Brief to 67 Discovery Dispute Conference and Doc. 68 Order Defendants Brief on the Privilege Issues Pertaining to Plaintiffs Request for Production No. 25 filed by Alexander County Housing Authority. (Attachments: # 1 Exhibit Exhibit A)(Moore, Stephen) Modified on 3/13/2017 (kls3). Modified on 3/13/2017 (kls3). (Entered: 03/03/2017)
72 RESPONSE BRIEF to 71 Defendants Brief Plaintiffs' Response to Defendants' Brief on the Privilege Issues Pertaining to Plaintiffs' Request for Production 25 filed by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Denieshia Childress, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Latonya Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman,

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 20 of 22

03/27/2017 04/06/2017
04/10/2017 04/12/2017 04/13/2017 04/13/2017
04/13/2017 04/14/2017
04/14/2017
04/14/2017 04/17/2017
04/24/2017

Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams, Monica Woodson. (Attachments: # 1 Exhibit 1 − Def's Response to RFP, # 2 Exhibit 2 − 11/28/16 Letter Wilmes to Moore, # 3 Exhibit 3 − 12/7/16 Email Wilmes to Moore, # 4 Exhibit 4 − 1/17/17 Email Walz to Moore, # 5 Exhibit 5 − Def's Suppl Response to RFP, # 6 Exhibit 6 − 9/30/14 HUD Findings)(Wilmes, Christopher) Modified on 3/13/2017 (kls3). (Entered: 03/09/2017)
73 ORDER: Plaintiffs' request to overrule Defendants' assertion of deliberative process privilege with respect to Plaintiffs' request for Defendants' executive session minutes is DENIED. Signed by Magistrate Judge Reona J. Daly on 3/27/17. (dam) (Entered: 03/27/2017)
74 NOTICE of Hearing: Settlement Conference presently set for 5/5/2017 at 9:00 AM is RESET 5/5/2017 at 10:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Please note this is a time change only.(jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/06/2017)
75 NOTICE of Appearance by Charles Wysong on behalf of All Plaintiffs (Wysong, Charles) (Entered: 04/10/2017)
76 MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) (Entered: 04/12/2017)
77 STIPULATION of Dismissal of Claims of Plaintiff Monica Woodson by Monica Woodson. (Wilmes, Christopher) (Entered: 04/13/2017)
78 ORDER denying 76 Motion to Withdraw as Attorney. The Local Rules provide that motions for leave to withdraw as counsel "shall state the last known address of the party represented." Because the instant motion does not comply with the Local Rules, it is denied with leave to refile. Signed by Magistrate Judge Reona J. Daly on 4/13/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/13/2017)
79 STRICKEN PER FILER'S REQUEST− Amended MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) Modified on 4/14/2017 (tjm2). (Entered: 04/13/2017)
80 NOTICE OF ERRORS AND/OR DEFICIENCIES re 77 Stipulation of Dismissal filed by Monica Woodson. With consent missing from non−filer's signature. Please see ECF User Manual for further instruction. This document is being sent for informational purposes only. No further action is required by filer at this time. (kls3) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2017)
81 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 79 PER FILER's REQUEST− Motion to Withdraw as Attorney filed by all Plaintiffs. Document contains a typographical error. (tjm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2017)
82 Amended MOTION to Withdraw as Attorney for Plaintiffs Latonya Lee and Denieshia Childress by All Plaintiffs. (Wilmes, Christopher) (Entered: 04/14/2017)
83 ORDER granting 82 Motion to Withdraw as Attorney. Attorney Christopher J. Wilmes and Charles Wysong terminated for Plaintiffs Latonya Lee and Denieshia Childress. Signed by Magistrate Judge Reona J. Daly on 4/17/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/17/2017)
84 NOTICE of Appearance by Katherine Elizabeth Walz on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Walz, Katherine) (Entered: 04/24/2017)

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 21 of 22

04/24/2017 04/24/2017
05/01/2017 05/05/2017 05/08/2017 05/09/2017
05/10/2017 05/10/2017 05/17/2017 06/15/2017 06/15/2017

85 NOTICE of Appearance by Emily J. Coffey on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Coffey, Emily) (Entered: 04/24/2017)
86 NOTICE of Appearance by Kevin L. Herrera on behalf of Leneca Baldwin, Tiarra Bedford, Coretta Cornelius, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams (Herrera, Kevin) (Entered: 04/24/2017)
87 NOTICE of Appearance by Carolyn J. Geoghegan on behalf of All Defendants (Geoghegan, Carolyn) (Entered: 05/01/2017)
88 NOTICE of Hearing: Continuance of Settlement Conference set for 5/10/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 618−439−7731. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/05/2017)
89 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Settlement Conference held on 5/8/2017. Settlement conference continued to 5/10/17. (dam) (Entered: 05/08/2017)
90 MOTION to Withdraw as Attorney for Plaintiff Coretta Cornelius by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams. (Wilmes, Christopher) (Entered: 05/09/2017)
91 ORDER: Continuance of Settlement Conference presently set for 5/10/2017 at 1:30 PM is STRICKEN and RESET for 5/17/2017 at 1:30 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 618−439−7731. Signed by Magistrate Judge Reona J. Daly on 5/10/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/10/2017)
92 ORDER granting 90 Motion to Withdraw as Attorney. Attorney Katherine Elizabeth Walz; Christopher J. Wilmes; Charles Wysong; Emily J. Coffey and Kevin L. Herrera terminated as counsel for Plaintiff Coretta Cornelius. Signed by Magistrate Judge Reona J. Daly on 5/10/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/10/2017)
93 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference on held on 5/17/2017. Parties advised they are continuing to finalize settlement. A Status Conference set for 6/15/2017 at 11:00 AM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888−684−8852. The access code is 1026624. The security code is 9571. (jlm) (Entered: 05/17/2017)
94 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference held on 6/15/2017. (dam) (Entered: 06/15/2017)
95 ORDER: Plaintiffs Latonya Lee, Deniesha Childress, and Coretta Cornelius are hereby ORDERED to inform the Court by July 14, 2017, in writing, as to whether they intend to proceed with this case and whether they intend to do so with or without representation by legal counsel. Plaintiffs Lee, Childress, and Cornelius must also provide an address for the purpose of receiving service of documents. Failure to comply with this Order will likely result in the dismissal of this case for lack of prosecution. The Clerk of Court is DIRECTED to mail a copy of this Order to the

Case: 3:16-cv-00513-MJR-RJD As of: 03/24/2019 02:32 AM CDT 22 of 22

06/15/2017 07/17/2017 07/27/2017
07/28/2017
08/01/2017
08/04/2017
08/14/2017 09/12/2017
09/12/2017

addresses of record for Plaintiffs Lee, Childress, and Cornelius. Signed by Magistrate Judge Reona J. Daly on 6/15/17. (dam) (Entered: 06/15/2017)
Action due by 7/14/2017, per Order at Doc. 95. (kls3) (Entered: 06/15/2017)
96 RESPONSE to 95 Order filed by Denieshia Childress. (kek) (Entered: 07/17/2017)
97 STIPULATION of Dismissal by Leneca Baldwin, Tiarra Bedford, Chena Brazil, Beverly Davis, Chauncey Davis, Jeanette Davis, Shenunith Ellis, Aaron Hall, Theras Heard, Barbara Holder, Mary Holder, Tanisha Johnson, Lillie Jones, Charmaine Lambert, Paul Lambert, Elisha Lee, Danielle Lowe, Kelsey Lowe, Kimberly McAllister, Angela Mitchell, Shameka Nelson, Pamela Purdiman, Myra Rayford, Kimberly Simelton, Audrey Tabor, Carlos Trenton, Jacqueline Vaughn, Charlotte Viel, Deshawna Washam, Shawnya Williams. (Wilmes, Christopher) (Entered: 07/27/2017)
98 NOTICE REGARDING FILING re 97 Stipulation of Dismissal. When pleadings contain multiple attorney signatures, the non−filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore NO ACTION IS REQUIRED. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/28/2017)
99 ORDER: As Plaintiffs Lee and Cornelius failed to respond and to comply with the Court's June 15, 2017, order, the undersigned concludes that they have failed to properly prosecute their claims. Accordingly, the Court hereby DISMISSES the claims of LaTonya Lee and Coretta Cornelius pursuant to Federal Rule of Civil Procedure 41(b). Signed by Chief Judge Michael J. Reagan on 8/1/2017. (rah) (Entered: 08/01/2017)
100 ORDER: Status Conference set for 8/14/2017 at 10:00 AM by telephone conference before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888−684−8852. The access code is 1026624. The security code is 2248. Plaintiff Childress is WARNED that if she fails to call into the status conference, her case may be dismissed for lack of prosecution. The Clerk of Court is DIRECTED to mail a copy of this Order to the address of record for Plaintiff Childress. Signed by Magistrate Judge Reona J. Daly on 8/4/2017. (dam) (Entered: 08/04/2017)
101 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference held on 8/14/2017. (dam) (Entered: 08/14/2017)
102 ORDER: The Court hereby DISMISSES the claims of Plaintiff Denieshia Childress pursuant to Federal Rule of Civil Procedure 41(b). The Court FINDS that the request of the represented Plaintiffs to dismiss their claims with prejudice (Doc. 97 ) is appropriate. The claims of the represented Plaintiffs are hereby DISMISSED with prejudice and without costs, each party to bear its own attorneys fees. As no claims remain pending, the Clerk is DIRECTED to close this case. Signed by Chief Judge Michael J. Reagan on 9/12/2017. (rah) (Entered: 09/12/2017)
103 CLERK'S JUDGMENT. Approved by Chief Judge Michael J. Reagan on 9/12/2017. (rah) (Entered: 09/12/2017)