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Case TitleNavigate Affordable Housing Partners Inc v. United States Department of Housing and Urban Development
DistrictNorthern District of Alabama
CitySouthern
Case Number2:2016cv00652
Date Filed2016-04-22
Date Closed2019-03-29
JudgeChief Judge Karon O Bowdre
PlaintiffNavigate Affordable Housing Partners Inc
Case DescriptionNavigate Affordable Housing Partners, a project contractor for the Department of Housing and Urban Development, submitted two FOIA requests to HUD for records concerning its reasons for canceling certain contracts and solicitations. After hearing nothing from the agency, Navigate Affordable Housing Partners appealed the agency's failure to respond. Its appeal was granted and the agency was instructed to process the request. After further back and forth with the agency, the organization was told that agency personnel would stop holding such frequent discussions, but provided no indication when the request would be completed. Navigate Affordable Housing Partners then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Housing and Urban Development
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-221COMPLAINT for Declaratory and Injunctive Relief against United States Department of Housing and Urban Development, filed by Navigate Affordable Housing Partners Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(SAC ) (Entered: 04/22/2016)
2016-04-22Filing Fee: Filing fee $ 400, ALND receipt#: B4601070705/ receipt_number 1126-2609309. related document 1 COMPLAINT for Declaratory and Injunctive Relief against United States Department of Housing and Urban Development, filed by Navigate Affordable Housing Partners Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(SAC ). (Rutherford, Russell) Modified on 4/25/2016 (SAC, ). (Entered: 04/22/2016)
2016-04-222Corporate Disclosure Statement by Navigate Affordable Housing Partners Inc. filed by Navigate Affordable Housing Partners Inc (Rutherford, Russell) (Entered: 04/22/2016)
2016-04-223Request for service by certified mail filed by Navigate Affordable Housing Partners Inc. (Rutherford, Russell) (Entered: 04/22/2016)
2016-04-254Summons Issued as to Navigate Affordable Housing Partners Inc, U.S. Attorney and U.S. Attorney General; given to Pla. at intake window. (SAC ) (Entered: 04/25/2016)
2016-05-125SUMMONS Returned Executed by Navigate Affordable Housing Partners Inc. All Defendants. (Attachments: # 1 Appendix, # 2 Appendix)(Rutherford, Russell) (Entered: 05/12/2016)
2016-05-186MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by United States Department of Housing and Urban Development. (Long, Don) (Entered: 05/18/2016)
2016-05-187ORDER granting 6 Unopposed Motion for Extension of Time to File a Responsive Pleading. The Defendant United States Department of Housing and Urban Development's responsive pleading is now due on or before 6/27/2016. Signed by Chief Judge Karon O Bowdre on 5/18/16. (MMW) (Entered: 05/18/2016)
2016-06-248ANSWER to 1 Complaint, by United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Long, Don) (Entered: 06/24/2016)
2016-06-299INITIAL ORDER Governing All Further Proceedings - with appendices attached. **The report also should contain a synopsis of the case advising the court of the general claims and defenses of the parties. Signed by Chief Judge Karon O Bowdre on 6/29/2016. (FNC) (Entered: 06/29/2016)
2016-07-1110REPORT of Rule 26(f) Planning Meeting. (Long, Don) (Entered: 07/11/2016)
2016-07-1311ORDER Setting Scheduling Conference for Thursday, July 28, 2016 at 02:30 PM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 7/13/2016. (FNC) (Entered: 07/13/2016)
2016-07-1912MOTION to Permit Discovery by Navigate Affordable Housing Partners Inc. (Rutherford, Russell) (Entered: 07/19/2016)
2016-07-2013TEXT ORDER: The Defendant has advised the court that it would like to respond to the Motion to Permit Discovery (doc. 12). The court SETS July 26, 2016 as the deadline to respond. Signed by Chief Judge Karon O Bowdre on 7-20-16. (AMW, ) (Entered: 07/20/2016)
2016-07-2614Opposition to 12 Motion to Permit Discovery filed by United States Department of Housing and Urban Development. (Long, Don) (Entered: 07/26/2016)
2016-07-28Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Scheduling Conference held on 7/28/2016. (FNC) (Entered: 07/28/2016)
2016-07-2915ORDER -re: Motion to Permit Discovery 12 . The court DENIES the motion without prejudice to revisiting it at a later stage. Signed by Chief Judge Karon O Bowdre on 7/29/2016. (AVC) (Entered: 07/29/2016)
2016-07-2916SCHEDULING ORDER-Counsel shall file a Joint Status Report by 9/1/2016, updating the court on further production of records in response to the FOIArequests to HUD and any other relevant matters. The deadline for dft to file its motion for summary judgment is 9/30/2016. The deadline for pltf to file its response to the motion is 10/21/2016. After the ruling on the motion for summary judgment, the court will set a new scheduling/status conference to discuss further proceedings and deadlines.Signed by Chief Judge Karon O Bowdre on 7/29/2016. (AVC) (Entered: 07/29/2016)
2016-09-0117STATUS REPORT Joint Status Report by United States Department of Housing and Urban Development. filed by United States Department of Housing and Urban Development (Long, Don) (Entered: 09/01/2016)
2016-09-2118MOTION for Extension of Time (Opposed) by United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit 1)(Long, Don) (Entered: 09/21/2016)
2016-09-2319RESPONSE in Opposition re 18 MOTION for Extension of Time (Opposed) filed by Navigate Affordable Housing Partners Inc. (Attachments: # 1 Exhibit HUD Annual FOIA Report)(Rutherford, Russell) (Entered: 09/23/2016)
2016-09-2620ORDER Setting Motion Hearing re: 18 for Monday, October 3, 2016 at 01:30 PM, CR 8, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 9/26/2016. (FNC) (Entered: 09/26/2016)
2016-09-3021NOTICE of Appearance by Lane H Woodke on behalf of United States Department of Housing and Urban Development (Woodke, Lane) (Entered: 09/30/2016)
2016-10-03Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Motion Hearing held on 10/3/2016 re 18 MOTION for Extension of Time (Opposed) filed by United States Department of Housing and Urban Development. Parties are to submit joint report on how to resolve this document production issue by October 12. Court adj. (Court Reporter Teresa Roberson.) (FNC) (Entered: 10/03/2016)
2016-10-1322ORDER re 18 MOTION for Extension of Time- The court SUSPENDS the deadlines in its Scheduling Order regarding submission of the motion for summary judgment and response. Despite that suspension, the court DEFERS ruling on HUD's motion for extension of time to file its motion for summary judgment, noting that the request of a four-month extension until January 31, 2017 is a lengthy one and the court has not yet received information justifying such a long delay. The court ORDERS counsel to submit another Joint Status Report to the court on or before Thursday, November 3, 2016. Signed by Chief Judge Karon O Bowdre on 10/13/16. (SAC ) (Entered: 10/13/2016)
2016-10-2723Joint MOTION for Protective Order by United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order 502(d) Protective Order)(Long, Don) (Entered: 10/27/2016)
2016-10-2824PROTECTIVE ORDER. Signed by Chief Judge Karon O Bowdre on 10/28/2016. (FNC) (Entered: 10/28/2016)
2016-11-1825Joint MOTION for Entry of a Revised Scheduling Order by United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Long, Don) (Entered: 11/18/2016)
2016-11-1826ORDER re 25 Motion for Entry of a Revised Scheduling Order- The court GRANTS the motion and sets the deadlines as outlined within. Signed by Chief Judge Karon O Bowdre on 11/18/16. (SAC ) (Entered: 11/18/2016)
2016-11-2127ORDER finding as moot 18 Motion for Extension of Time, in light of the Order entering a revised scheduling order (doc. 26) based on the parties' joint motion (doc. 25). Signed by Chief Judge Karon O Bowdre on 11-21-16. (AMW, ) (Entered: 11/21/2016)
2017-07-1328Joint MOTION to Amend/Correct Scheduling Order by United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Long, Don) (Entered: 07/13/2017)
2017-07-1429SCHEDULING ORDER. The court GRANTS 28 and amends the scheduling order as follows: Dispositive motions due 1/15/2018 with responses due 2/6/2018, as further set out herein. Signed by Chief Judge Karon O Bowdre on 7/14/2017. (FNC) (Entered: 07/14/2017)
2017-11-2230Joint MOTION to Amend/Correct Scheduling Order by United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Long, Don) (Entered: 11/22/2017)
2017-11-2831TEXT ORDER. The court sets a Status Conference re: 30 for Monday, December 4, 2017 at 03:00 PM, eighth floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Karon O Bowdre. Signed by Chief Judge Karon O Bowdre on 11/28/2017. (FNC) (Entered: 11/28/2017)
2017-12-04Minute Entry for proceedings held before Chief Judge Karon O Bowdre: Status Conference held on 12/4/2017. (FNC) (Entered: 12/05/2017)
2017-12-0532TEXT ORDER. The court GRANTS in part 30 . Dispostive motions are now due by March 15, 2018. A joint status report is due every 30 days, beginning with January 4, 2018. The parties are reminded that summary judgment motions must follow comply with this court's requirements for potentially dispositive motions and accompanying briefs as stated in "Appendix II," available on the court's website at www.alnd.uscourts.gov under the court information for Chief Judge Bowdre. Signed by Chief Judge Karon O Bowdre on 12/5/2017. (FNC) (Entered: 12/05/2017)
2017-12-2133NOTICE of Appearance by Jenny L Smith on behalf of United States Department of Housing and Urban Development (Smith, Jenny) (Entered: 12/21/2017)
2017-12-2134MOTION for Protective Order (Opposed) by United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Exhibit B)(Long, Don) (Entered: 12/21/2017)
2017-12-2835RESPONSE to Motion re 34 MOTION for Protective Order (Opposed) filed by Navigate Affordable Housing Partners Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rutherford, Russell) (Entered: 12/28/2017)
2018-01-0436STATUS REPORT for the Parties by United States Department of Housing and Urban Development. filed by United States Department of Housing and Urban Development (Long, Don) (Entered: 01/04/2018)
2018-01-0437REPLY to Response to Motion re 34 MOTION for Protective Order (Opposed) filed by United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Exhibit B)(Long, Don) (Entered: 01/04/2018)
2018-01-0438MOTION to Compel Production of Additional Records by Navigate Affordable Housing Partners Inc. (Attachments: # 1 Exhibit A, # 2 B)(Rutherford, Russell) (Entered: 01/04/2018)
2018-01-0539NOTICE of Appearance by Anna R Davis on behalf of Navigate Affordable Housing Partners Inc (Davis, Anna) (Entered: 01/05/2018)
2018-01-0840PROTECTIVE ORDER- re 34 Motion for Entry of Privacy Act Protective Order is GRANTED as setout within. Signed by Chief Judge Karon O Bowdre on 1/8/18. (SAC ) (Entered: 01/08/2018)
2018-01-1041MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Compel Production of Additional Records by United States Department of Housing and Urban Development. (Smith, Jenny) (Entered: 01/10/2018)
2018-01-1042RESPONSE to Motion re 41 MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Compel Production of Additional Records filed by Navigate Affordable Housing Partners Inc. (Rutherford, Russell) (Entered: 01/10/2018)
2018-01-1143TEXT ORDER: Defendant's "Request For Additional Time To Respond" (doc. 41) to Plaintiff's motion to compel (doc. 38) is GRANTED. Defendant's response is due on or before January 18, 2018. Signed by Chief Judge Karon O Bowdre on 1/11/2018. (JWD) (Entered: 01/11/2018)
2018-01-1844RESPONSE in Opposition re 38 MOTION to Compel Production of Additional Records filed by United States Department of Housing and Urban Development. (Long, Don) (Entered: 01/18/2018)
2018-01-1945TEXT ORDER: Plaintiff shall file a reply to Defendant's "Opposition to Plaintiff's Motion to Compel Production of Additional Records" (doc. 44) on or before January 26, 2018. Signed by Chief Judge Karon O Bowdre on 1/19/18. (JWD) (Entered: 01/19/2018)
2018-01-2546MOTION for Leave to File Under Seal by Navigate Affordable Housing Partners Inc. (Rutherford, Russell) Modified on 1/25/2018 (SAC ). (Entered: 01/25/2018)
2018-01-2647REPLY to Response to Motion re 38 MOTION to Compel Production of Additional Records filed by Navigate Affordable Housing Partners Inc. (Rutherford, Russell) (Entered: 01/26/2018)
2018-01-2948TEXT ORDER: Plaintiff's "Motion For Leave to File Documents Under Seal" (doc. 46) is GRANTED. Signed by Chief Judge Karon O Bowdre on 1/29/2018. (JWD) (Entered: 01/29/2018)
2018-02-0249STATUS REPORT by United States Department of Housing and Urban Development. filed by United States Department of Housing and Urban Development (Smith, Jenny) (Entered: 02/02/2018)
2018-02-2050ORDER re 38 Motion to Compel Production of Additional Records- For the reasons as outlined within, the court DENIES the motion. Signed by Chief Judge Karon O Bowdre on 2/20/18. (SAC ) (Entered: 02/20/2018)
2018-03-0251Joint MOTION Requesting a Referral to Mediation and an Extension of Dispositive Motions Deadline until April 5, 2018 by United States Department of Housing and Urban Development. (Attachments: # 1 Text of Proposed Order)(Long, Don) (Entered: 03/02/2018)
2018-03-0252STATUS REPORT (Joint) by United States Department of Housing and Urban Development. filed by United States Department of Housing and Urban Development (Long, Don) (Entered: 03/02/2018)
2018-03-0653MEDIATION ORDER The court ORDERS that this case be referred to mediation. The Clerk's Office is DIRECTED to randomly select a magistrate judge to mediate this case. Case referred to Magistrate Judge T. Michael Putnam for mediation. The court SUSPENDS the deadlines currently set out in the court's Scheduling Order and any amendment(s), including the March 15, 2018, dispositive motion deadline. Signed by Chief Judge Karon O Bowdre on 3/6/18. (SAC ) (Entered: 03/06/2018)
2018-03-06Motions terminated per 53 Mediation Order: 51 Joint MOTION Requesting a Referral to Mediation and an Extension of Dispositive Motions Deadline until April 5, 2018 ; deadlines terminated. (SAC ) (Entered: 03/06/2018)
2018-03-0654TEXT ORDER re 53 Order Referring Case to Magistrate Judge. The parties are DIRECTED to contact the chambers of the undersigned within 10 days and to propose to the court three potential dates on which the parties have mutually agreed to attend a mediation of this matter. Once a mediation date is set, the parties will be given further instructions. Signed by Magistrate Judge T Michael Putnam on 3/6/2018. (PMA) (Entered: 03/06/2018)
2018-03-0855TEXT ORDER Setting Settlement Conference for 9:30 a.m. on Thursday, April 12, in chambers of the undersigned. Counsel for each party shall attend, along with a representative for the party. That representative shall have full settlement authority. A mediation statement may be submitted to chambers no later than 5:00 p.m. on Friday, April 6, 2018. The statement shall be marked "Confidential." Signed by Magistrate Judge T Michael Putnam on 3/8/2018. (PMA) (Entered: 03/08/2018)
2018-03-08Set Hearing per 55/Text Order: Settlement Conference set for 4/12/2018 at 9:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. (SAC ) (Entered: 03/08/2018)
2018-04-10Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Settlement Conference held in chambers on 4/10/2018; counsel present, preliminary discussions. (ASL) (Entered: 04/10/2018)
2018-04-1256TEXT ORDER. A Telephone Conference is SET for April 19, 2018, at 1:00 p.m. before Magistrate Judge T Michael Putnam. The parties and their counsel are directed to join the conference by dialing 888-636-3807 and entering access code 3676046. Signed by Magistrate Judge T Michael Putnam on April 12, 2018. (JTS) (Entered: 04/12/2018)
2018-04-12Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Settlement Conference held on 4/12/2018. (ASL) (Entered: 04/12/2018)
2018-04-19Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 4/19/2018. (ASL) (Entered: 04/19/2018)
2018-05-1657TEXT ORDER Telephone Conference set for Friday, 5/18/2018 at 11:00 AM before Magistrate Judge T Michael Putnam; parties are directed to dial 888-636-3807 and use access code 3676046 to participate. Signed by Magistrate Judge T Michael Putnam on 5/16/2018. (ASL) (Entered: 05/16/2018)
2018-05-18Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 5/18/2018. (ASL) (Entered: 05/18/2018)
2018-08-0858TEXT ORDER Telephone Conference set for Monday, 8/13/2018 at 01:30 PM before Magistrate Judge T Michael Putnam; parties are to call 888-636-3807 and use access code 3676046 to participate. Signed by Magistrate Judge T Michael Putnam on 8/8/2018. (ASL) (Entered: 08/08/2018)
2018-08-13Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 8/13/2018. (ASL) (Entered: 08/13/2018)
2019-02-0559TEXT ORDER Telephone Conference set for Friday, 2/15/2019 at 11:00 AM before Magistrate Judge T Michael Putnam; parties are to call 888-636-3807 and use access code 3676046 to participate. Signed by Magistrate Judge T Michael Putnam on 2/5/2019. (ASL) (Entered: 02/05/2019)
2019-02-15Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 2/15/2019. (ASL) (Entered: 02/15/2019)
2019-03-2160STIPULATION of Dismissal JOINT by Navigate Affordable Housing Partners Inc. filed by Navigate Affordable Housing Partners Inc (Rutherford, Russell) (Entered: 03/21/2019)
2019-03-2961ORDER. Upon notification of settlement by the parties, this case is hereby DISMISSED with prejudice, with costs to be borne as agreed by the parties. This court retains jurisdiction to resolve disputes arising under the Agreement, as further set out. In addition, the court's October 28, 2016 Protective Order (Doc. 24) is null and void, and shall no longer have any effect on any person or entity, except to the extent that its terms are incorporated by reference in the Agreement. The parties shall be bound by the terms of the Agreement and, in the event that the parties must ask this court to intervene to resolve any dispute arising under the Agreement, the terms of the Agreement shall govern the procedure by which those proceedings are conducted. Furthermore, this court will endeavor to resolve any such dispute according to the terms of the Agreement. Signed by Chief Judge Karon O Bowdre on 3/29/2019. (FNC) (Entered: 03/29/2019)
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