No. 19-497

The Inclusive Communities Project, Inc. v. Lincoln Property Company, et al.

Lower Court: Fifth Circuit
Docketed: 2019-10-17
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: causation disparate-impact fair-housing-act pleading pleading-requirements policy-challenge prima-facie-claim racial-discrimination racial-segregation robust-causality standing texas-v-icp
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

1. Whether the pleading of an FHA prima facie disparate impact claim must show the identified policy not only has caused the adverse effects on the racial group identified but also has caused that group to be predominantly Black?

2. Whether the pleading of an FHA prima facie segregative-effect claim version of a disparate impact claim must show the identified policy not only perpetuated racial segregation but also began the existing racial segregation in the community?

3. Whether the pleading of an FHA prima facie disparate impact claim must satisfy a new pleading requirement to show that the impacts are caused by enforcing a previously unenforced policy?

Question Presented (AI Summary)

Whether the pleading of an FHA prima facie disparate impact claim must show the identified policy not only has caused the adverse effects on the racial group identified but also has caused that group to be predominantly Black?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Reply of petitioner The Inclusive Communities Project, Incorporated filed.
Main DocumentCertificate of Word CountProof of Service
2020-02-11
Brief of respondents Lincoln Property Comapny; Legacy Multifamily North III, L.L.C.; CPF PC Riverwalk. L.L.C.; HLI White Rock, L.L.C.; Brick Row Apartments, L.L.C. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
2019-12-20
Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2020.
2019-12-18
Motion to extend the time to file a response from January 8, 2020 to February 11, 2020, submitted to The Clerk.
Main Document
2019-12-09
Response Requested. (Due January 8, 2020)
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-15
Waiver of right of respondents Legacy Multifamily North III, LLC and HLI White Rock, LLC to respond filed.
Main Document
2019-11-14
Waiver of right of respondent CPF PC Riverwalk, LLC to respond filed.
Main Document
2019-11-14
Waiver of right of respondent Brick Row Apartments, LLC to respond filed.
Main Document
2019-10-28
Waiver of right of respondents Lincoln Property Comapny; Legacy Multifamily North III, L.L.C.; CPF PC Riverwalk. L.L.C.; HLI White Rock, L.L.C.; Brick Row Apartments, L.L.C. to respond filed.
Main Document
2019-10-14
Petition for a writ of certiorari filed. (Response due November 18, 2019)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Brick Row Apartments, LLC
Valeri C. Williams — Wilson Elser MoskowitzEdelman & Dicker, LLP, Respondent
CPF PC Riverwalk, LLC
Arthur E. Anthony — Locke Lord, LLP, Respondent
Legacy Multifamily North III, LLC and HLI White Rock, LLC
Tonya Michelle Gray — Hunton Andrews Kurth LLP, Respondent
Lincoln Property Comapny; Legacy Multifamily North III, L.L.C.; CPF PC Riverwalk. L.L.C.; HLI White Rock, L.L.C.; Brick Row Apartments, L.L.C.
Charles E. Baruch — Johnston Tobey Baruch, Respondent
The Inclusive Communities Project, Incorporated
Michael M. Daniel — Daniel & Beshara, P.C., Petitioner