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Fair Housing Council of Central California, Inc v. Tylar Property Management

April 22, 2013

FAIR HOUSING COUNCIL OF CENTRAL CALIFORNIA, INC.; RENE MCCANTS; AND TAWANA PICKETT,
PLAINTIFFS,
v.
TYLAR PROPERTY MANAGEMENT
INC.; MELVIN JOEL WAPNER; AND DAVID EVANS,
DEFENDANT.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AN FIRST AMENDED SUPPLEMENTAL COMPLAINT

ORDER GRANTING PLAINTIFF'S MOTION COMPANY, TO AMEND THE SCHEDULING ORDER IN PART (Documents 70 and 71)

I. Introduction

On March 15, 2013, Plaintiffs, Fair Housing Council of Central California Inc., Rene McCants, and Tawana Pickett (collectively, "Plaintiffs") filed a Motion for Leave to File a First Amended Supplemental Complaint ("FASC"). (Doc. 70). In the FASC, Plaintiffs seek to add one additional Plaintiff, Ms. Sheryl Linthicum, to the complaint, as well as remove the rescission cause of action alleged by Tawana Pickett against Defendant, David Evans. On that same day, Plaintiffs also filed a Motion to Amend the Scheduling Order. (Doc. 71). On March 29, 2013, Defendants Tylar Property Management Company, Inc., Melvin Joel Wapner, and David Evans (collectively, "Defendants") filed oppositions to both motions. (Doc. 73). Plaintiffs filed replies to Defendants' oppositions on April 12, 2013. (Docs. 80 and 81).

A hearing was scheduled for April 19, 2013, at 9:30 a.m. The court vacated this hearing and took the matter under submission. The court has reviewed all of the pleadings and has determined that this matter is suitable for decision without oral argument pursuant to Local Rule 230(g). Having considered all written materials submitted, Plaintiffs' Motion to File an Amended Supplemental Complaint is GRANTED. Plaintiffs' Motion to Amend the Scheduling order is GRANTED IN PART.

II. Relevant Background

This is a housing discrimination case in which Plaintiffs allege that Defendants engaged in a pattern of sexual harassment of low-income female tenants at rental properties located in Fresno, California. Defendant Mel Wapner owns and operates Tylar Property Management and Defendant David Evans is the property supervisor. Plaintiffs filed their initial Complaint on May 14, 2012, alleging violations of the Fair Housing Act, the California Fair Employment and Housing Act, the California Unruh Civil Rights Act, the California Ralph Act, as well as Unfair Business Practices, Negligence, Covenant of Quiet Use and Enjoyment, Unlawful Entry, and Invasion of Privacy as causes of action. (Doc. 1).

After the filing of Plaintiffs' complaint, Plaintiffs Tawana Pickett and Renee McCants signed settlement agreements purportedly releasing their claims against all three Defendants in exchange for the payment of money. (Doc. 21). On October 2, 2012, Defendants filed a Motion to Enforce the Settlement Agreements and a Motion to Dismiss the action. (Docs. 24-29). Plaintiffs challenged the validity of these agreements because Plaintiffs' counsel were not involved in the negotiation process. That same day, Plaintiffs sought leave to file a supplemental complaint for rescission. (Doc. 30). On November 19, 2012, Judge Ishii denied Defendants' Motion to Enforce the Settlement Agreements. (Doc. 55). Shortly thereafter on November 27, 2013, this Court granted Plaintiffs' request to file a supplemental complaint. (Doc. 56).

As a result of the above, the parties stipulated to an amendment of this Court's scheduling order. On January 4, 2013, the Court issued an amended scheduling order. (Doc. 65). The order set the deadlines as follows

Expert disclosure February 1, 2013 Supplemental Disclosure March 1, 2013

Non-expert Discovery April 1, 2013

Non-dispositive motions, April 12, 2013 Dispositive Motions March 29, 2013

Pretrial Conference May ...


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