United States District Court, E.D. Louisiana
ORDER AND REASONS
the Court is Defendant First Emanuel Homes of New
Orleans' “Partial Motion for Summary
Judgement” (“Defendant”) (Rec. Doc. 45) and
Plaintiff Kendell Willis' “Response in
Opposition” (“Plaintiff”) (Rec. Doc. 46).
Also before the Court is Defendant's Motion for Leave to
File Reply and Plaintiff's Motion for Leave to File
Sur-reply, Rec. Docs. 49 and 52, respectively.
IS ORDERED that the above-mentioned Motions for
Leave to File Reply and Sur-Reply (Rec. Docs. 49 and 52) are
DENIED as unnecessary.
IS FURTHER ORDERED that Defendant's Motion for
Partial Summary Judgment (Rec. Doc. 45) is
AND PROCEDURAL HISTORY
leased a property owned by the Defendant, at 1711 Street,
Apartment B, New Orleans, Louisiana, 70113 (the
“Property”). See Rec. Docs. 1 and 13.
Prior to initiating the instant action, Plaintiff alleges
that he attempted to contact Defendant on numerous occasions
regarding various repairs and/or maintenance to be had on the
Property-including the removal of carpet and fixing
electrical wiring issues. Rec. Doc. 1.
underlying claims of this case involve allegations of
discrimination and unlawful treatment by the Defendant while
Plaintiff was a tenant on the Property. In particular,
Plaintiff's Complaint alleges that on November 20, 2014,
Plaintiff sent his first written request to Defendant
regarding the de-installation of the carpeted floor in his
apartment based on his medical disability. Rec. Docs. 1,
46-2. Defendant was allegedly unresponsive to said letter.
Rec. Doc. 1 and 46. On January 28, 2015, Plaintiff wrote a
second letter that was also allegedly ignored by Defendant.
See Rec. Doc. 46-9.
between January 2015 and November 2015, Plaintiff and
Defendant had a verbal conversation regarding the removal of
the carpeted floors in Plaintiff's unit. Rec. Doc. 46 at
2. Following up this conversation, Plaintiff sent a third
letter to Defendant. Rec. Doc. 46-4. Allegedly, there was an
issue with Plaintiff's ability to move and/or storage his
belongings during installation of new flooring in the unit.
18, 2016, Plaintiff sent another letter to Defendant
referencing his prior requests for accommodation of his
disability and removal of the carpet in his unit. Rec. Doc.
46-7. On June 13, 2016, after Plaintiff sought help from the
Greater New Orleans Fair Housing Action Center, staff
attorney Peter Theis sent a letter to Defendant on
Plaintiff's behalf. Rec. Doc. 46-8. A final letter was
written by Plaintiff to Defendant on July 5, 2016, after
Plaintiff's attempt to renew his lease was denied. Rec.
retaining counsel Plaintiff sent a demand letter to Defendant
on April 21, 2017, requesting compensation for damages within
ten (10) days of receipt of the letter. Rec. Docs. 16 at 4
and 13-1 at 4. After no response to the demand letter,
Plaintiff filed suit in this Court on June 27, 2017. Rec.
judgment is proper “if the pleadings, the discovery and
disclosure materials on file, and any affidavits show that
there is no genuine issue as to any material fact and that
the movant is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(c). When considering a motion for summary
judgment, the court should view all facts and evidence in the
light most favorable to the non-moving party. United Fire
& Cas. Co. v. Hixson Bros. Inc., 453 F.3d 283, 285
(5th Cir. 2006). Mere conclusory allegations are insufficient
to defeat summary judgment. Eason v. Thaler, 73 F.3d
1322, 1325 (5th Cir. 1996).
Motion for Partial Summary Judgment seeks dismissal of
“any clams based on alleged violations that occurred
before June 25, 2015.” Rec. Doc. 45-1 at 2. With little
to no support, Defendant contends that “[i]n paragraphs
15, 16, and 17 of his ‘Complaint' plaintiff alleges
acts in violation of the 42 U.S.C. ...