Schlessinger v. Chicago Housing Authority

130 F. Supp. 3d 1226, 2015 U.S. Dist. LEXIS 124503, 2015 WL 5462303
CourtDistrict Court, N.D. Illinois
DecidedSeptember 16, 2015
DocketCase No. 12 C 3733
StatusPublished
Cited by4 cases

This text of 130 F. Supp. 3d 1226 (Schlessinger v. Chicago Housing Authority) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schlessinger v. Chicago Housing Authority, 130 F. Supp. 3d 1226, 2015 U.S. Dist. LEXIS 124503, 2015 WL 5462303 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION & ORDER

JOAN B. GOTTSCHALL, United States District Judge

Plaintiff David Schlessinger (“Plaintiff’ or “Schlessinger”) alleges that defendants Chicago Housing Authority (“CHA”) and CHA’s former Senior Vice President of the Housing Choice Voucher Program, Jessica Porter, violated his First and Fourteenth Amendment rights by retaliating against him for opposing their improper conduct.1 Now before the court is the defendants’ motion for summary judgment. For the reasons explained below, the motion is granted.

I. Northern District of Illinois. Local Rule 56.1

Before addressing the merits of the defendants’ motion, the court turns to the defendants’ objection to Schlessinger’s Statement of Additional Facts (“SAF”). Under Local Rule 56.1(a)(3), a party moving for summary judgment must submit “a statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to judgment as a matter of law.” Crncco v. Vitran Express, Inc., 559 F.3d 625, 632 (7th Cir.2009) (citing L.R. 56.1(a)(3). Local Rule 56.1(b)(3) then requires the nonmoving party to submit a “concise response” to each statement of fact, “including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon.” L.R. 56.1(b)(3)(B). The nonmoving party may also present a separate statement of additional facts “consisting of short numbered paragraphs,” with citations to the record, that require the denial of .summary judgment. See L.R. 56.1(b)(3)(C); see also Ciomber v. Cooperative Plus, Inc., 527 F.3d 635, 643-44 (7th Cir.2008).

If the nonmoving party offers a separate statement of. additional facts,-, the statement is limited to forty paragraphs, unless the nonmoving party obtains prior leave from the court. Here, the defendants object to Schlessinger’s Statement of Additional .Facts because .it contains -109 separate paragraphs, and Schlessinger did not seek leave from the court to file the excess paragraphs. L.R. 56.1 imposes the 40-paragraph cap to force parties to introduce only material facts. As the Committee Comment to L.R. 56.1 explains, “[tjhe judges of this Court have observed that parties frequently include in their L.R. 56.1 statements facts that are unnecessary to the motion and/or are disputed,” and “that in the vast majority of cases, a limit of ... 40 assertions of additional statements of fact will bé more than sufficient to determine whether the case-is appropriate for summary judgment.” The Committee Comment adds that a nonmbving party may obtain a “relaxation”, of the 40-statement limit by showing1 that the “complexity of the case” necessitates additional paragraphs. In this case, Schlessinger made no such showing. As a consequence, the court strikes paragraphs numbered 41 through 109 and considers the information presented in them only for context.

Additionally, Schlessinger violated Local Rule 56.1 and the law bf this district in other respects. ■ First, Schlessinger’s response to the defendants’ statement of [1228]*1228material facts improperly denies many- of the defendants’ numbered paragraphs. Local Rule 56.1(b)(3) requires the party opposing a motion for summary judgment to submit “a response to each numbered paragraph in the moving party’s statement....” L.R. 56.1(b)(3)(A)-(B)-. Although Schlessinger submitted a statement with numbered paragraphs corresponding to the defendants’ paragraphs, none of Schlessinger’s paragraphs contain “responses” that clarify the facts in dispute. Instead, where Schlessinger disputes a statement, he merely writes, “Disputed,” and cites to paragraphs from his Statement of Additional Facts, not the record itself.

While this approach may have saved Schlessinger’s counsel time, it merely shifted that expenditure of time onto the court. Schlessinger disputes twelve of the defendants’ eighty statements of fact. For each paragraph in dispute, the court had to review the paragraphs Schlessinger cited from his Statement of Additional Facts, analyze the cross-referenced record citations, and ascertain whether those record citations were not only responsive to the numbered paragraph in the defendants’ Statement of Fact, but raised a genuine dispute.

More often than not, Schlessinger cited to paragraphs from his Statement of Additional Facts that had nothing to do with the paragraph he was addressing in the defendants’ Statement of Facts. Consequently, the court deems all paragraphs in the defendants’ Statement of Facts admitted insofar as the record supports them and Schlessinger’s denials are unresponsive. See Raymond v. Ameritech Corp., 442 F.3d 600, 604 (7th Cir.2006) (“district courts are entitled to expect strict compliance with Local Rule 56.1”); Flores v. Giuliano, No. 12-cv-162, 2014 WL 3360504, at *2 (N.D.Ill. July 9, 2014).

Furthermore, Schlessinger’s legal memorandum lacked sufficient citations to the parties’ Local Rule 56.1 statements. “Courts in this district [ ] repeatedly have held that, in memoranda of law filed in support of, or in opposition to, motions for summary judgment, parties should cite to the specific Local Rule 56.1 statements of fact in support of their arguments, not to the record directly.” Abdel-Ghaffar v. Ill. Tool Works, Inc., No. 12-cv-5812, 2015 WL 5025461, *6, 2015 U.S. Dist. LEXIS 111940, at *16-17 (N.D.Ill. Aug. 24, 2015) (citing cases). Here, however, Schlessinger cited to neither the parties’ L.R. 56.1 statements nor the record in his recitation of the facts.

As a result, Schlessinger’s recitation of the facts was relatively useless. Although it apprised the court of what Schlessinger believes is the relevant timeline, it placed the onus of constructing that timeline on the court. See Delapaz v. Richardson, 634 F.3d 895, 899 (7th Cir.2011) (L.R. 56.1 “is designed, in part, to aid the district court, “which does not have the advantage of the parties’ familiarity with the record and often cannot afford to spend the time combing the record to locate the relevant information,’ in determining whether a trial is necessary.”) (citation omitted).

II. ■ Facts

A. Schlessinger

Schlessinger is a landlord who participated in the Housing Choice Voucher (“HCV”) program, the federal government’s Section 8 program that provides assistance to renters in the private market. Under the HCV program, once a program participant has located an approved rental unit, a local public housing agency, such as CHA, pays the landlord a rent subsidy. Schlessinger entered the HCV program in 2005, when CHA signed a Housing Assistance Payment (“HAP”) Contract with [1229]*1229him, so that he could lease one of his units to a program participant. Pursuant to that contract, CHA paid a portion of the monthly rent on behalf of the tenant directly to Schlessinger. Schlessinger has since executed’ several HÁP Contracts with HAC on properties he owns.

B. The CHA Housing Inspection Process

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Bluebook (online)
130 F. Supp. 3d 1226, 2015 U.S. Dist. LEXIS 124503, 2015 WL 5462303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlessinger-v-chicago-housing-authority-ilnd-2015.