United States District Court, W.D. Washington, Seattle
Wing, Angela C. Galloway MacDONALD HOAGUE & BAYLESS
Attorneys for Plaintiff
T. Hunter, Attorney for Defendants
S. ZILLY, UNITED STATES DISTRICT JUDGE.
parties, by and through their counsel of record, submit the
following proposed pretrial order.
Court has subject matter jurisdiction over Plaintiffs claims
under the Fair Housing Act under 28 U.S.C. § 1331, 28
U.S.C. § 1343(a)(4), and 42 U.S.C. § 3613(a). The
Court has supplemental jurisdiction under 28 U.S.C. §
1367(a) over Plaintiffs state and local law claims because
they are so related to claims within the Court's original
jurisdiction that they form part of the same case or
controversy. The Court has personal jurisdiction over
Defendants within the Western District of Washington.
Claims and Defenses
Plaintiff will pursue at trial relief for fair housing
violations as follows:
1. What amount of economic or general damages is plaintiff
entitled to by virtue of Defendants' violation of the
Fair Housing Act, Washington Law Against Discrimination, and
Seattle Municipal Code?
2. What amount of punitive damages is plaintiff entitled to
by virtue of Defendants' violation of the Fair Housing
3. To the extent that the Court has not yet ruled on
Plaintiffs request for injunctive relief at the time of
trial, what injunctive relief plaintiff is entitled to by
virtue of Defendants' violation of the Fair Housing Act,
Washington Law Against Discrimination, and Seattle Municipal
Defendant will pursue at trial the following defense:
1. Plaintiff failed to establish defendant's conduct
rises to the level sufficient to support punitive damages.
following facts are admitted by the parties as admissible:
1. Plaintiff Fair Housing Center of Washington is a
non-profit fair housing organization incorporated under the
laws of the State of Washington, located in Tacoma,
Washington. The FHCW's mission is to identify and
eliminate discriminatory housing practices and to ensure
equal housing is available to all people, without regard to
race, religion, sex, national origin, disability, or familial
status. FHCW provides an array of programs and services
designed to eliminate housing discrimination through
counseling, education, advocacy, research, and enforcement of
fair housing laws.
2. In pursuit of its mission, the FHCW provides fair housing
testing services. Since 1995, the agency's pool of
trained testers has conducted approximately 3, 000 rental,
sales, and mortgage lending tests in Western and Central
Washington. During tests, trained individuals pose as
prospective tenants or purchasers to gather information about
whether a housing provider is complying with fair housing
laws. A pair of testers typically ...