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15-817 - FAIR HOUSING CENTER OF CENTRAL INDIANA et al v. MH LEASING, LLC et al


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15-817 - FAIR HOUSING CENTER OF CENTRAL INDIANA et al v. MH LEASING, LLC et al
May 11, 2017
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REPORT AND RECOMMENDATIONS re 86 MOTION for Partial Summary Judgment filed by FAIR HOUSING CENTER OF CENTRAL INDIANA and 83 MOTION for Summary Judgment filed by PAMELA ZIEMER, FR CHINOOK, LLC, FR MH PARKS LLC, MH LEASING, LLC, FR COMMUNITIES LLLP, SHILOH ESTATES, FR COMMUNITY, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 5/11/2017.(SWM)
July 26, 2017
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ORDER ADOPTING AS MODIFIED 104 THE REPORT AND RECOMMENDATIONS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT - Noting no objections, the Court ADOPTS the recommendations that Defendants MH Leasing, LLC and FR Communities LLLP be dismissed, and the Court DISMISSES WITH PREJUDICE all claims against MH Leasing, LLC and FR Communities LLLP. Also noting no objections, the Court ADOPTS the recommendations that the state law negligence and harassment claims be dismissed, and that the federal conspiracy claim under 42 U.S.C. § 1985(3) be dismissed. The Court DISMISSES WITH PREJUDICE these claims. The Court OVERRULES Plaintiffs' objection and ADOPTS the recommendation that Defendants' Motion for Summary Judgment (Filing No. 83) be granted and that Plaintiffs' Partial Motion for Summary Judgment (Filing No. 86) be denied as to Plaintiffs' claims under 42 U.S.C. § 3604(c). The Court GRANTS Defendants' Motion for Summary Judgment as to this claim and DENIES Plaintiffs' Motion for Partial Summary Judgment in its entirety. The Court MODIFIES the recommendation as to Plaintiffs' claims under 42 U.S.C. § 3604(f). The Court OVERRULES Plaintiffs' objection and ADOPTS the recommendation, as to the incidents involving Greta Willis and Carol Willis, that Defendants' Motion for Summary Judgment be granted. The Court GRANTS Defendants' Motion for Summary Judgment as to those claims. The Court DENIES Defendants' Motion for Summary Judgment as to the incident involving Murray. The Court OVERRULES Defendants' objections and ADOPTS the recommendations as to Plaintiffs' claims under 42 U.S.C. § 3604(b) and 42 U.S.C. § 3617. Defendants' Motion for Summary Judgment as to these claims is DENIED. The Court OVERRULES Defendants' objection and ADOPTS the recommendation as to Plaintiffs' claims under 42 U.S.C. § 1981. Defendants' Motion for Summary Judgment as to Plaintiff FHCCI is GRANTE the incident involving Murray, and 42 U.S.C. § 1981, but only as to Plaintiffs Roman and Alvarez. See Order for details. Signed by Judge Tanya Walton Pratt on 7/26/2017.(LBT)D and Defendants' Motion for Summary Judgment as to Plaintiffs Roman and Alvarez is DENIED.Therefore, remaining for trial are Plaintiffs' claims under 42 U.S.C. § 3604(b), 42 U.S.C. § 3617, 42 U.S.C. § 3604(f), but only as to