1 THE HONORABLE MARSHA J. PECHMAN 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 AMY TAYLOR, 10 Plaintiff, Case No. 2:19-cv-01761-MJP 11 v. HARVEY C. HARBAUGH AND 12 PRETRIAL ORDER PATRICIA M. HARBAUGH, AND THE 13 MARITAL COMMUNITY COMPOSED THEREOF; AND CARRIAGE ESTATES 14 MH 55 + LLC; 15 Defendants. 16 I. JURISDICTION 17 Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 18 3601, in that the federal claims alleged in this action arise under the federal Fair Housing Act. 19 The state claims asserted herein fall within this Court’s supplemental jurisdiction pursuant to 28 20 U.S.C. § 1367. Venue is proper pursuant to 28 U.S.C. § 1391(b) in that the claims arose within 21 the County of Skagit, Washington. 22 II. CLAIMS AND DEFENSES 23 The plaintiff will pursue at trial the following claims: 24 1. Discrimination against plaintiff because of disability in violation of 42 U.S.C. § 25 3604(f)(1) ; 26 PRETRIAL ORDER - Page 1 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 2. Discrimination against plaintiff because of disability in violation of the 2 Washington Law Against Discrimination, RCW § 49.60.222. 3 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 4 of 42 U.S.C. § 3604(f)(3); and 5 4. Refusal to make reasonable accommodations in defendants’ rules, practices, or 6 policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation 7 of the Washington Law Against Discrimination, RCW § 49.60.222. 8 5. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the 9 right to housing in violation of 42 U.S.C. § 3617 10 6. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the 11 right to housing in violation of the Washington Law Against Discrimination, RCW § 49.60.2235. 12 13 The defendant will pursue the following affirmative defenses: 14 1. Defendants will not pursue conventional affirmative defenses, but will present 15 evidence of legitimate, nondiscriminatory reasons for their actions should a prima facie showing 16 of discrimination be made by Plaintiff under the standard articulated in McDonnell Douglas 17 Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). 18 III. ADMITTED FACTS 19 The following facts are admitted by the parties: 20 1. Plaintiff, Amy Taylor (“Ms. Taylor”) is a citizen of the United States currently 21 residing in Marion County in the State of Oregon. During all times relevant to this lawsuit, Ms. 22 Taylor resided in Skagit County, in the State of Washington. 23 2. Defendant Carriage Estates MH 55+ LLC (“Carriage Estates”) is a Washington 24 limited liability company. 25 26 PRETRIAL ORDER - Page 2 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 3. Defendants Harvey Harbaugh and Patricia Harbaugh are citizens of the United 2 States residing in King County in the State of Washington. 3 4. Patricia Harbaugh is the governor of Carriage Estates. 5. Defendants Harvey Harbaugh and Patricia Harbaugh are the owners of the 4 Carriage Estates Mobile Home Park, located in Skagit County in the State of Washington. 5 6. Patricia Harbaugh manages Carriage Estates, and the Carriage Estates Mobile 6 Home Park. 7 7. Ms. Taylor is a former tenant of defendants. 8 9 IV. ISSUES OF LAW 10 The following are the issues of law to be determined by the court: 11 1. Whether Plaintiff Amy Taylor has carried her burden of proving that a 12 discriminatory reason motivated Defendant’s decision to deny Mr. Farrington from serving as 13 Ms. Taylor’s caregiver in violation of the Fair Housing Act, 42 U.S.C. § 3601, et seq., and the 14 Washington Law Against Discrimination, Chapter 49.60 RCW. 15 2. Whether Plaintiff Amy Taylor has carried her burden of proving that she was 16 injured plaintiffs by committing discriminatory housing practices. 17 3. Whether Plaintiff Amy Taylor has carried her burden of proving that she is 18 disabled, that Defendants were aware of her disability; that having Ethan Farrington serve as a 19 caregiver to her would be a reasonable accommodation; and whether Defendants refused to make 20 a reasonable accommodation. 21 4. Whether Defendants breached their affirmative duty to open a dialogue to discuss 22 a reasonable accommodation with Plaintiff Amy Taylor. 23 5. Whether Plaintiff Amy Taylor has carried her burden of proving that Defendants 24 coerced, intimidated, threatened, or interfered with any right guaranteed to her by the Fair 25 Housing Act, 42 U.S.C. § 3601. 26 PRETRIAL ORDER - Page 3 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 6. Whether legitimate, non-discriminatory reasons exist for the actions of 2 Defendants such that liability would not attach even in the event Plaintiff is able to make a prima 3 facie case under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). 4 V. EXPERT WITNESSES No expert witnesses are to be called at trial. 5 VI. OTHER WITNESSES 6 1. On behalf of plaintiff: 7 a. Amy Taylor, 5355 River Road N, Keizer, OR; will testify concerning the 8 discriminatory acts committed by defendants, the discrimination, harassment, and retaliation she 9 was subjected to, and damages. 10 b. Garry Taylor, PO Box 448, Sedro Woolley, WA will testify concerning 11 the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation 12 plaintiff was subjected to, and damages. 13 c. Ethan Farrington, PO Box 448, Sedro Woolley, WA; will testify 14 concerning the care he provided to plaintiff, his attempts to be approved by defendants as 15 caregiver, defendants’ allegations as to his compliance with community rules, and damages. 16 d. Melinda Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify 17 concerning allegations of community rules violations, and damages. 18 e. Jasmine Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify 19 concerning allegations of community rules violations, and damages. 20 f. Deanne Cameron; Ms. Cameron will testify concerning home health care 21 provided to plaintiff, and a conversation she had with Patricia Harbaugh. 22 g. Thomas Hastings, 884 Carriage Ct., Unit 43, Sedro-Woolley, WA; may 23 testify as to his role as on-site manager of Carriage Estates. 24 h. Patricia Harbaugh, P.O. Box 1774, Woodinville, WA; will testify as to 25 discriminatory acts, harassment, and retaliatory acts. 26 PRETRIAL ORDER - Page 4 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 2. On behalf of defendant: 2 a.
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1 THE HONORABLE MARSHA J. PECHMAN 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 AMY TAYLOR, 10 Plaintiff, Case No. 2:19-cv-01761-MJP 11 v. HARVEY C. HARBAUGH AND 12 PRETRIAL ORDER PATRICIA M. HARBAUGH, AND THE 13 MARITAL COMMUNITY COMPOSED THEREOF; AND CARRIAGE ESTATES 14 MH 55 + LLC; 15 Defendants. 16 I. JURISDICTION 17 Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 18 3601, in that the federal claims alleged in this action arise under the federal Fair Housing Act. 19 The state claims asserted herein fall within this Court’s supplemental jurisdiction pursuant to 28 20 U.S.C. § 1367. Venue is proper pursuant to 28 U.S.C. § 1391(b) in that the claims arose within 21 the County of Skagit, Washington. 22 II. CLAIMS AND DEFENSES 23 The plaintiff will pursue at trial the following claims: 24 1. Discrimination against plaintiff because of disability in violation of 42 U.S.C. § 25 3604(f)(1) ; 26 PRETRIAL ORDER - Page 1 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 2. Discrimination against plaintiff because of disability in violation of the 2 Washington Law Against Discrimination, RCW § 49.60.222. 3 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 4 of 42 U.S.C. § 3604(f)(3); and 5 4. Refusal to make reasonable accommodations in defendants’ rules, practices, or 6 policies, which accommodation was necessary to allow plaintiff to use her dwelling, in violation 7 of the Washington Law Against Discrimination, RCW § 49.60.222. 8 5. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the 9 right to housing in violation of 42 U.S.C. § 3617 10 6. Coercion, intimidation, threats, or interference with plaintiff’s enjoyment of the 11 right to housing in violation of the Washington Law Against Discrimination, RCW § 49.60.2235. 12 13 The defendant will pursue the following affirmative defenses: 14 1. Defendants will not pursue conventional affirmative defenses, but will present 15 evidence of legitimate, nondiscriminatory reasons for their actions should a prima facie showing 16 of discrimination be made by Plaintiff under the standard articulated in McDonnell Douglas 17 Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). 18 III. ADMITTED FACTS 19 The following facts are admitted by the parties: 20 1. Plaintiff, Amy Taylor (“Ms. Taylor”) is a citizen of the United States currently 21 residing in Marion County in the State of Oregon. During all times relevant to this lawsuit, Ms. 22 Taylor resided in Skagit County, in the State of Washington. 23 2. Defendant Carriage Estates MH 55+ LLC (“Carriage Estates”) is a Washington 24 limited liability company. 25 26 PRETRIAL ORDER - Page 2 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 3. Defendants Harvey Harbaugh and Patricia Harbaugh are citizens of the United 2 States residing in King County in the State of Washington. 3 4. Patricia Harbaugh is the governor of Carriage Estates. 5. Defendants Harvey Harbaugh and Patricia Harbaugh are the owners of the 4 Carriage Estates Mobile Home Park, located in Skagit County in the State of Washington. 5 6. Patricia Harbaugh manages Carriage Estates, and the Carriage Estates Mobile 6 Home Park. 7 7. Ms. Taylor is a former tenant of defendants. 8 9 IV. ISSUES OF LAW 10 The following are the issues of law to be determined by the court: 11 1. Whether Plaintiff Amy Taylor has carried her burden of proving that a 12 discriminatory reason motivated Defendant’s decision to deny Mr. Farrington from serving as 13 Ms. Taylor’s caregiver in violation of the Fair Housing Act, 42 U.S.C. § 3601, et seq., and the 14 Washington Law Against Discrimination, Chapter 49.60 RCW. 15 2. Whether Plaintiff Amy Taylor has carried her burden of proving that she was 16 injured plaintiffs by committing discriminatory housing practices. 17 3. Whether Plaintiff Amy Taylor has carried her burden of proving that she is 18 disabled, that Defendants were aware of her disability; that having Ethan Farrington serve as a 19 caregiver to her would be a reasonable accommodation; and whether Defendants refused to make 20 a reasonable accommodation. 21 4. Whether Defendants breached their affirmative duty to open a dialogue to discuss 22 a reasonable accommodation with Plaintiff Amy Taylor. 23 5. Whether Plaintiff Amy Taylor has carried her burden of proving that Defendants 24 coerced, intimidated, threatened, or interfered with any right guaranteed to her by the Fair 25 Housing Act, 42 U.S.C. § 3601. 26 PRETRIAL ORDER - Page 3 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 6. Whether legitimate, non-discriminatory reasons exist for the actions of 2 Defendants such that liability would not attach even in the event Plaintiff is able to make a prima 3 facie case under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817 (1973). 4 V. EXPERT WITNESSES No expert witnesses are to be called at trial. 5 VI. OTHER WITNESSES 6 1. On behalf of plaintiff: 7 a. Amy Taylor, 5355 River Road N, Keizer, OR; will testify concerning the 8 discriminatory acts committed by defendants, the discrimination, harassment, and retaliation she 9 was subjected to, and damages. 10 b. Garry Taylor, PO Box 448, Sedro Woolley, WA will testify concerning 11 the discriminatory acts committed by defendants, the discrimination, harassment, and retaliation 12 plaintiff was subjected to, and damages. 13 c. Ethan Farrington, PO Box 448, Sedro Woolley, WA; will testify 14 concerning the care he provided to plaintiff, his attempts to be approved by defendants as 15 caregiver, defendants’ allegations as to his compliance with community rules, and damages. 16 d. Melinda Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify 17 concerning allegations of community rules violations, and damages. 18 e. Jasmine Farrington, 2967 Cedar Lane, Sedro-Woolley, WA; will testify 19 concerning allegations of community rules violations, and damages. 20 f. Deanne Cameron; Ms. Cameron will testify concerning home health care 21 provided to plaintiff, and a conversation she had with Patricia Harbaugh. 22 g. Thomas Hastings, 884 Carriage Ct., Unit 43, Sedro-Woolley, WA; may 23 testify as to his role as on-site manager of Carriage Estates. 24 h. Patricia Harbaugh, P.O. Box 1774, Woodinville, WA; will testify as to 25 discriminatory acts, harassment, and retaliatory acts. 26 PRETRIAL ORDER - Page 4 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 2. On behalf of defendant: 2 a. Patricia Harbaugh will testify concerning all pertinent aspects of her 3 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 4 legitimate, non-discriminatory reasons for Defendants’ acts and omissions as they reference or 5 relate to Plaintiff’s allegations. Finally, Ms. Harbaugh will testify as to all relevant personal 6 observations as are or may become relevant in the defense of this action at trial. 7 b. Ron Biggerstaff was a neighbor of Plaintiff’s during the relevant time 8 period and may testify concerning all relevant personal observations and interactions as are or 9 may become relevant in the defense of this action at trial. 10 c. Eileen Biggerstaff was a neighbor of Plaintiff’s during the relevant time 11 period and will testify concerning all relevant personal observations and interactions as are or 12 may become relevant in the defense of this action at trial. 13 d. Thomas Hastings managed the property at Carriage Estates during the 14 relevant time period and will testify concerning his relevant background and experience, as well 15 as all relevant personal observations and interactions as are or may become relevant in the 16 defense of this action at trial. 17 e. Leta Hastings may testify concerning all relevant personal observations 18 and interactions as are or may become relevant in the defense of this action at trial. 19 20 VII. EXHIBITS 21 Plaintiff’s Exhibits 22 Ex. # Description Authenticity Admissibility Objection Admitted 23 1 Lease X 2 Park Rules X 24 3 2015-10-28 Taylor X 25 Census 26 PRETRIAL ORDER - Page 5 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 4 2014-12-5 Jacobsen X 1 Census 5 2017-1-18 Jacobsen X 2 Census 3 6 2015-12-9 LTR X Harbaugh to clients 4 7 2017-10-6 Dr. X A, C, D, F Teackle Martin 5 Letter 6 8 2017-10-23 Dr. X A, C, D, F Johnson note 7 9 2017-10-26 Dr. X A, C, D, F Romano Letter 8 10 2017-10-11 X Background screen 9 application 10 11 2017-10-11 X Background screen 11 release [pending redaction] 12 12 2017-1-9 Screening X A, C, D, F 13 Report 13 Rejection X 14 Application Tenancy 14 2017-11-27 3 day X 15 notice quit 15 2017-12-15 3 day X 16 notice quit 17 16 2018-1-11 Housing X A, C, F Discrimination 18 Complaint 17 Defendant X 19 Interrogatory 20 Answers 18 2015-10-15 Real X C, D, F, MIL 21 Estate Excise Tax Affidavit 22 19 2019-5-29 Real X C, D, F, MIL Estate Excise Tax 23 Affidavit 24 20 2019-10-2 Real X C, D, F, MIL Estate Excise Tax 25 Affidavit 26 PRETRIAL ORDER - Page 6 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 2 Defendant’s Exhibits 3 Ex. # Description Authenticity Admissibility Objection Admitted 121 Park Resident Bi- X 4 Annual 55+ HUD 5 Verification of Occupancy Forms 6 2015-2019 122 Taylor Bi-Annual X 7 55+ HUD 8 Verification of Occupancy Forms 9 2015-2017 123 Taylor RFA X 10 Answers 124 Taylor Interrogatory X 11 Answers 12 125 2016-06-28 X A, D Biggerstaff Letter 13 126 2016-08-10 X A, D, F Biggerstaff Letter 14 127 2017-07-06 X A, D, F 15 Biggerstaff Letter 128 2018-03-03 X 16 Biggerstaff Letter 129 2018-08-05 X A, B, C, D, F 17 Biggerstaff Letter 130 2018-09-24 X C, D 18 Biggerstaff Letter 19 131 2018-10-02 X A, B, C, D, F Biggerstaff Letter 20 132 2017-07-12 Carriage X B, C, D, E, F Estates Letter to 21 Taylor 22 133 2017-10-05 Carriage X Estates Letter to 23 Taylor 134 2017-10-09 Carriage X 24 Estates Letter to Taylor 25 26 PRETRIAL ORDER - Page 7 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 135 2017-11-13 Carriage X A, D, F, MIL 1 Estates Letter to Taylor 2 136 2017-11-28 Carriage X A, C, D, F, 3 Estates Letter to MIL Taylor 4 137 2017-12-04 Carriage X Estates Letter to 5 Taylor 6 138 2018-01-18 Carriage X Estates Letter to 7 Taylor 139 Photos of Taylor Lot X X C, D 8 140 Photos of Carriage X X C, D Estates Community 9 10 Objection Code 11 MIL Subject of Motion in Limine 12 A Hearsay (Fed. R. Evid. 802) 13 B Opinion (Fed. R. Evid. 701) 14 C Relevance (Fed. R. Evid. 403) 15 D Foundation (Fed. R. Evid. 602) 16 Exhibit constitutes attempted expert testimony from a person not designated as E an expert (Fed. R. Civ. P. 26) 17 F Contains inadmissible matter 18 19 VIII. ACTION BY THE COURT 20 a. This case is scheduled for trial before a jury on April 19, 2021, at 9:00 AM. 21 b. Trial briefs shall be submitted to the court on or before March 30, 2021. 22 c. Jury instructions requested by either party shall be submitted to the court on or 23 before March 30, 2021. Suggested questions of either party to be asked of the jury by the court 24 on voir dire shall be submitted to the court on or before March 30, 2021. 25 26 PRETRIAL ORDER - Page 8 (2:19-cv-01761-MJP) Thomas Law Group, Inc. 1 d. The entire trial will take place using the ZoomGov.com platform. This order has 2 been approved by the parties as evidenced by the signatures of their counsel. This order shall 3 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 4 prevent manifest injustice. 5 6 DATED this 14th day of April, 2021. 7 8 9 ________________________________________ 10 United States District Judge 11 FORM APPROVED 12 DATED: March 31, 2021 13 BY: _s/ 14 Scott G. Thomas, WSBA# 23079 15 THOMAS LAW GROUP, P.S., INC. 431 Sioux Dr., Ste. “A” 16 Mt. Vernon, WA 98273 Attorneys for Plaintiff 17 18 19 MIX SANDERS THOMPSON, PLLC 20 s/Michael G. Sanders 21 Michael G. Sanders, WSBA No. 33881 22 MIX SANDERS THOMPSON, PLLC 23 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 24 Email: michael@mixsanders.com Attorney for Defendants Harbaugh and Carriage 25 Estates MH 55 + LLC 26 PRETRIAL ORDER - Page 9 (2:19-cv-01761-MJP) Thomas Law Group, Inc.