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Fair Housing Center of Washington v. Breier-Scheetz Properties, LLC

United States District Court, W.D. Washington, Seattle

September 8, 2017

FAIR HOUSING CENTER OF WASHINGTON, Plaintiff,
v.
BREIER-SCHEETZ PROPERTIES, LLC, a Washington corporation; and FREDERICK BREIER-SCHEETZ, an individual, Defendants.

          Jesse Wing, Angela C. Galloway MacDONALD HOAGUE & BAYLESS Attorneys for Plaintiff

          George T. Hunter, Attorney for Defendants

          PROPOSED PRE-TRIAL ORDER

          THOMAS S. ZILLY, UNITED STATES DISTRICT JUDGE.

         The parties, by and through their counsel of record, submit the following proposed pretrial order.

         A. Jurisdiction

         This 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.

         B. Claims and Defenses

         The 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 Act?
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 Code?

         The 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.

         C. Admitted Facts

         The 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 ...

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