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06-876 - Linares et al v. Jackson et al


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06-876 - Linares et al v. Jackson et al
March 22, 2007
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ORDER: On consent, the claims of plaintiffs Yvette Spady and Mosetta Morehead are withdrawn. Defendants'10 Motion to Dismiss the claims of the remaining plaintiffs is denied.Defendants' motion is converted to one for summary judgment. The parties shall be afforded 20 days for additional submissions, at which time the motion shall be deemed filed. Ordered by JudgeFrederic Block on 3/21/2007. (Lee, Tiffeny)
January 3, 2008
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MEMORANDUM AND ORDER: The Court grants the remaining plaintiffs' partial summary judgment and declares that 24 C.F.R.§247.10 is unconstitutional. The case is set down for a hearing on 1/28/2008 @ 11:00 AM before Senior Judge Frederic Block to afford the parties the opportunity to address the nature and contours of the notice and hearing required by the Due Process Clause. Ordered by Senior Judge Frederic Block on January 3, 2008. (c/m) (Lee, Tiffeny)
May 6, 2008
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MEMORANDUM & ORDER: HUD's 40 Motion for Reconsideration is denied with respect to the Court's declaration that 24 C.F.R.§ 247.10 is facially unconstitutional, and HUD is enjoined from enforcing § 247.10; however, the motion is granted insofar as the need to address the type of notice and hearing to which plaintiffs are entitled has been eviscerated. Ordered by Senior Judge Frederic Block on May 5, 2008. (c/m-ecf) (Lee, Tiffeny)