THE HONORABLE MARSHA J. PECHMAN UNITED STATES DISTRICT COURT AT SEATTLE Plaintiff, Case No. 2:19-cv-01761-MJP v. HARVEY C. HARBAUGH AND PATRICIA M. HARBAUGH, AND THE THEREOF; AND CARRIAGE ESTATES MH 55 + LLC; Defendants. I. JURISDICTION Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 3601, in that the federal claims alleged in this action arise under the federal Fair Housing Act. The state claims asserted herein fall within this Court’s supplemental jurisdiction pursuant to 28 U.S.C. § 1367. Venue is proper pursuant to 28 U.S.C. § 1391(b) in that the claims arose within the County of Skagit, Washington. II. CLAIMS AND DEFENSES The plaintiff will pursue at trial the following claims: 1. Discrimination against plaintiff because of disability in violation of 42 U.S.C. § 3604(f)(1) ; PRETRIAL ORDER - Page 1 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 2. Discrimination against plaintiff because of disability in violation of the Washington Law Against Discrimination, RCW § 49.60.222. 3. Refusal to make reasonable accommodations in defendants’ rules, practices, or policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation of 42 U.S.C. § 3604(f)(3); and 4. Refusal to make reasonable accommodations in defendants’ rules, practices, or policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation of the Washington Law Against Discrimination, RCW § 49.60.222. 5. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the right to housing in violation of 42 U.S.C. § 3617 6. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the right to housing in violation of the Washington Law Against Discrimination, RCW § 49.60.2235. The defendant will pursue the following affirmative defenses: 1. Defendants will not pursue conventional affirmative defenses, but will present evidence of legitimate, nondiscriminatory reasons for their actions should a prima facie showing of discrimination be made by Plaintiff under the standard articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). The following facts are admitted by the parties: 1. Plaintiff, Amy Taylor (“Ms. Taylor”) is a citizen of the United States currently residing in Marion County in the State of Oregon. During all times relevant to this lawsuit, Ms. Taylor resided in Skagit County, in the State of Washington. 2. Defendant Carriage Estates MH 55+ LLC (“Carriage Estates”) is a Washington limited liability company. PRETRIAL ORDER - Page 2 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 3. Defendants Harvey Harbaugh and Patricia Harbaugh are citizens of the United States residing in King County in the State of Washington. 4. Patricia Harbaugh is the governor of Carriage Estates. 5. Defendants Harvey Harbaugh and Patricia Harbaugh are the owners of the Carriage Estates Mobile Home Park, located in Skagit County in the State of Washington. 6. Patricia Harbaugh manages Carriage Estates, and the Carriage Estates Mobile Home Park. 7. Ms. Taylor is a former tenant of defendants. IV. ISSUES OF LAW The following are the issues of law to be determined by the court: 1. Whether Plaintiff Amy Taylor has carried her burden of proving that a discriminatory reason motivated Defendant’s decision to deny Mr. Farrington from serving as Ms. Taylor’s caregiver in violation of the Fair Housing Act, 42 U.S.C. § 3601, et seq., and the Washington Law Against Discrimination, Chapter 49.60 RCW. 2. Whether Plaintiff Amy Taylor has carried her burden of proving that she was injured plaintiffs by committing discriminatory housing practices. 3. Whether Plaintiff Amy Taylor has carried her burden of proving that she is disabled, that Defendants were aware of her disability; that having Ethan Farrington serve as a caregiver to her would be a reasonable accommodation; and whether Defendants refused to make a reasonable accommodation. 4. Whether Defendants breached their affirmative duty to open a dialogue to discuss a reasonable accommodation with Plaintiff Amy Taylor. 5. Whether Plaintiff Amy Taylor has carried her burden of proving that Defendants coerced, intimidated, threatened, or interfered with any right guaranteed to her by the Fair Housing Act, 42 U.S.C. § 3601. PRETRIAL ORDER - Page 3 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 6. Whether legitimate, non-discriminatory reasons exist for the actions of Defendants such that liability would not attach even in the event Plaintiff is able to make a prima facie case under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). V. EXPERT WITNESSES No expert witnesses are to be called at trial. VI. OTHER WITNESSES 1. On behalf of plaintiff: a. Amy Taylor, 5355 River Road N, Keizer, OR; will testify concerning the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation she was subjected to, and damages. b. Garry Taylor, PO Box 448, Sedro Woolley, WA will testify concerning the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation plaintiff was subjected to, and damages. c. Ethan Farrington, PO Box 448, Sedro Woolley, WA; will testify concerning the care he provided to plaintiff, his attempts to be approved by defendants as caregiver, defendants’ allegations as to his compliance with community rules, and damages. d. Melinda Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify concerning allegations of community rules violations, and damages. e. Jasmine Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify concerning allegations of community rules violations, and damages. f. Deanne Cameron; Ms. Cameron will testify concerning home health care provided to plaintiff, and a conversation she had with Patricia Harbaugh. g. Thomas Hastings, 884 Carriage Ct., Unit 43, Sedro-Woolley, WA; may testify as to his role as on-site manager of Carriage Estates. h. Patricia Harbaugh, P.O. Box 1774, Woodinville, WA; will testify as to discriminatory acts, harassment, and retaliatory acts. PRETRIAL ORDER - Page 4 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 2. On behalf of defendant: a. Patricia Harbaugh will testify concerning all pertinent aspects of her experience and management in general as well as that of Carriage Estates. Ms. Harbaugh will testify concerning her knowledge of and compliance with applicable authorities, as well as the legitimate, non-discriminatory reasons for Defendants’ acts and omissions as they reference or relate to Plaintiff’s allegations. Finally, Ms. Ha
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THE HONORABLE MARSHA J. PECHMAN UNITED STATES DISTRICT COURT AT SEATTLE Plaintiff, Case No. 2:19-cv-01761-MJP v. HARVEY C. HARBAUGH AND PATRICIA M. HARBAUGH, AND THE THEREOF; AND CARRIAGE ESTATES MH 55 + LLC; Defendants. I. JURISDICTION Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 3601, in that the federal claims alleged in this action arise under the federal Fair Housing Act. The state claims asserted herein fall within this Court’s supplemental jurisdiction pursuant to 28 U.S.C. § 1367. Venue is proper pursuant to 28 U.S.C. § 1391(b) in that the claims arose within the County of Skagit, Washington. II. CLAIMS AND DEFENSES The plaintiff will pursue at trial the following claims: 1. Discrimination against plaintiff because of disability in violation of 42 U.S.C. § 3604(f)(1) ; PRETRIAL ORDER - Page 1 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 2. Discrimination against plaintiff because of disability in violation of the Washington Law Against Discrimination, RCW § 49.60.222. 3. Refusal to make reasonable accommodations in defendants’ rules, practices, or policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation of 42 U.S.C. § 3604(f)(3); and 4. Refusal to make reasonable accommodations in defendants’ rules, practices, or policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation of the Washington Law Against Discrimination, RCW § 49.60.222. 5. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the right to housing in violation of 42 U.S.C. § 3617 6. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the right to housing in violation of the Washington Law Against Discrimination, RCW § 49.60.2235. The defendant will pursue the following affirmative defenses: 1. Defendants will not pursue conventional affirmative defenses, but will present evidence of legitimate, nondiscriminatory reasons for their actions should a prima facie showing of discrimination be made by Plaintiff under the standard articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). The following facts are admitted by the parties: 1. Plaintiff, Amy Taylor (“Ms. Taylor”) is a citizen of the United States currently residing in Marion County in the State of Oregon. During all times relevant to this lawsuit, Ms. Taylor resided in Skagit County, in the State of Washington. 2. Defendant Carriage Estates MH 55+ LLC (“Carriage Estates”) is a Washington limited liability company. PRETRIAL ORDER - Page 2 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 3. Defendants Harvey Harbaugh and Patricia Harbaugh are citizens of the United States residing in King County in the State of Washington. 4. Patricia Harbaugh is the governor of Carriage Estates. 5. Defendants Harvey Harbaugh and Patricia Harbaugh are the owners of the Carriage Estates Mobile Home Park, located in Skagit County in the State of Washington. 6. Patricia Harbaugh manages Carriage Estates, and the Carriage Estates Mobile Home Park. 7. Ms. Taylor is a former tenant of defendants. IV. ISSUES OF LAW The following are the issues of law to be determined by the court: 1. Whether Plaintiff Amy Taylor has carried her burden of proving that a discriminatory reason motivated Defendant’s decision to deny Mr. Farrington from serving as Ms. Taylor’s caregiver in violation of the Fair Housing Act, 42 U.S.C. § 3601, et seq., and the Washington Law Against Discrimination, Chapter 49.60 RCW. 2. Whether Plaintiff Amy Taylor has carried her burden of proving that she was injured plaintiffs by committing discriminatory housing practices. 3. Whether Plaintiff Amy Taylor has carried her burden of proving that she is disabled, that Defendants were aware of her disability; that having Ethan Farrington serve as a caregiver to her would be a reasonable accommodation; and whether Defendants refused to make a reasonable accommodation. 4. Whether Defendants breached their affirmative duty to open a dialogue to discuss a reasonable accommodation with Plaintiff Amy Taylor. 5. Whether Plaintiff Amy Taylor has carried her burden of proving that Defendants coerced, intimidated, threatened, or interfered with any right guaranteed to her by the Fair Housing Act, 42 U.S.C. § 3601. PRETRIAL ORDER - Page 3 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 6. Whether legitimate, non-discriminatory reasons exist for the actions of Defendants such that liability would not attach even in the event Plaintiff is able to make a prima facie case under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). V. EXPERT WITNESSES No expert witnesses are to be called at trial. VI. OTHER WITNESSES 1. On behalf of plaintiff: a. Amy Taylor, 5355 River Road N, Keizer, OR; will testify concerning the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation she was subjected to, and damages. b. Garry Taylor, PO Box 448, Sedro Woolley, WA will testify concerning the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation plaintiff was subjected to, and damages. c. Ethan Farrington, PO Box 448, Sedro Woolley, WA; will testify concerning the care he provided to plaintiff, his attempts to be approved by defendants as caregiver, defendants’ allegations as to his compliance with community rules, and damages. d. Melinda Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify concerning allegations of community rules violations, and damages. e. Jasmine Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify concerning allegations of community rules violations, and damages. f. Deanne Cameron; Ms. Cameron will testify concerning home health care provided to plaintiff, and a conversation she had with Patricia Harbaugh. g. Thomas Hastings, 884 Carriage Ct., Unit 43, Sedro-Woolley, WA; may testify as to his role as on-site manager of Carriage Estates. h. Patricia Harbaugh, P.O. Box 1774, Woodinville, WA; will testify as to discriminatory acts, harassment, and retaliatory acts. PRETRIAL ORDER - Page 4 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 2. On behalf of defendant: a. Patricia Harbaugh will testify concerning all pertinent aspects of her experience and management in general as well as that of Carriage Estates. Ms. Harbaugh will testify concerning her knowledge of and compliance with applicable authorities, as well as the legitimate, non-discriminatory reasons for Defendants’ acts and omissions as they reference or relate to Plaintiff’s allegations. Finally, Ms. Harbaugh will testify as to all relevant personal observations as are or may become relevant in the defense of this action at trial. b. Ron Biggerstaff was a neighbor of Plaintiff’s during the relevant time period and may testify concerning all relevant personal observations and interactions as are or may become relevant in the defense of this action at trial. c. Eileen Biggerstaff was a neighbor of Plaintiff’s during the relevant time period and will testify concerning all relevant personal observations and interactions as are or may become relevant in the defense of this action at trial. d. Thomas Hastings managed the property at Carriage Estates during the relevant time period and will testify concerning his relevant background and experience, as well as all relevant personal observations and interactions as are or may become relevant in the defense of this action at trial. e. Leta Hastings may testify concerning all relevant personal observations and interactions as are or may become relevant in the defense of this action at trial. Plaintiff’s Exhibits Ex. # Description Authenticity Admissibility Objection Admitted 1 Lease X 2 Park Rules X 3 2015-10-28 Taylor X Census PRETRIAL ORDER - Page 5 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 4 2014-12-5 Jacobsen X Census 5 2017-1-18 Jacobsen X Census 6 2015-12-9 LTR X Harbaugh to clients 7 2017-10-6 Dr. X A, C, D, F Teackle Martin Letter 8 2017-10-23 Dr. X A, C, D, F Johnson note 9 2017-10-26 Dr. X A, C, D, F Romano Letter 10 2017-10-11 X Background screen application 11 2017-10-11 X Background screen release [pending redaction] 12 2017-1-9 Screening X A, C, D, F Report 13 Rejection X Application Tenancy 14 2017-11-27 3 day X notice quit 15 2017-12-15 3 day X notice quit 16 2018-1-11 Housing X A, C, F Discrimination Complaint 17 Defendant X Interrogatory Answers 18 2015-10-15 Real X C, D, F, MIL Estate Excise Tax Affidavit 19 2019-5-29 Real X C, D, F, MIL Estate Excise Tax Affidavit 20 2019-10-2 Real X C, D, F, MIL Estate Excise Tax Affidavit PRETRIAL ORDER - Page 6 (2:19-cv-01761-MJP) Thomas Law Group, Inc. Defendant’s Exhibits Ex. # Description Authenticity Admissibility Objection Admitted 121 Park Resident Bi- X Annual 55+ HUD Verification of Occupancy Forms 2015-2019 122 Taylor Bi-Annual X 55+ HUD Verification of Occupancy Forms 2015-2017 123 Taylor RFA X Answers 124 Taylor Interrogatory X Answers 125 2016-06-28 X A, D Biggerstaff Letter 126 2016-08-10 X A, D, F Biggerstaff Letter 127 2017-07-06 X A, D, F Biggerstaff Letter 128 2018-03-03 X Biggerstaff Letter 129 2018-08-05 X A, B, C, D, F Biggerstaff Letter 130 2018-09-24 X C, D Biggerstaff Letter 131 2018-10-02 X A, B, C, D, F Biggerstaff Letter 132 2017-07-12 Carriage X B, C, D, E, F Estates Letter to Taylor 133 2017-10-05 Carriage X Estates Letter to Taylor 134 2017-10-09 Carriage X Estates Letter to Taylor PRETRIAL ORDER - Page 7 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 135 2017-11-13 Carriage X A, D, F, MIL Estates Letter to Taylor 136 2017-11-28 Carriage X A, C, D, F, Estates Letter to MIL Taylor 137 2017-12-04 Carriage X Estates Letter to Taylor 138 2018-01-18 Carriage X Estates Letter to Taylor 139 Photos of Taylor Lot X X C, D 140 Photos of Carriage X X C, D Estates Community Objection Code MIL Subject of Motion in Limine A Hearsay (Fed. R. Evid. 802) B Opinion (Fed. R. Evid. 701) C Relevance (Fed. R. Evid. 403) D Foundation (Fed. R. Evid. 602) Exhibit constitutes attempted expert testimony from a person not designated as E an expert (Fed. R. Civ. P. 26) F Contains inadmissible matter VIII. ACTION BY THE COURT a. This case is scheduled for trial before a jury on April 19, 2021, at 9:00 AM. b. Trial briefs shall be submitted to the court on or before March 30, 2021. c. Jury instructions requested by either party shall be submitted to the court on or before March 30, 2021. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before March 30, 2021. PRETRIAL ORDER - Page 8 (2:19-cv-01761-MJP) Thomas Law Group, Inc. d. The entire trial will take place using the ZoomGov.com platform. This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice. DATED this 14th day of April, 2021. ________________________________________ United States District Judge DATED: March 31, 2021 BY: _s/ Scott G. Thomas, WSBA# 23079 431 Sioux Dr., Ste. “A” Mt. Vernon, WA 98273 Attorneys for Plaintiff s/Michael G. Sanders Michael G. Sanders, WSBA No. 33881 MIX SANDERS THOMPSON, PLLC 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 Email: michael@mixsanders.com Attorney for Defendants Harbaugh and Carriage Estates MH 55 + LLC PRETRIAL ORDER - Page 9 (2:19-cv-01761-MJP) Thomas Law Group, Inc.