Buckingham Apartments Tenants' Association et al v. Trion Properties, Inc. et al

Filing 17

ORDER requesting supplemental briefing. Signed by Judge Chhabria on 11/7/2016. (vclc1S, COURT STAFF) (Filed on 11/7/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

EDUARDO MURILLO, et al.,

Case No. 16-cv-06278-VC

Plaintiffs,
ORDER REQUESTING
SUPPLEMENTAL BRIEFING

v.
TRION PROPERTIES, INC., et al.,

Re: Dkt. No. 3

Defendants.

The defendants' opposition to the application for a temporary restraining order did not
(presumably because of the tight deadline) fully address the merits of the plaintiffs' claims.
Accordingly, the defendants are directed to file a supplemental brief addressing the merits,
including the following questions:
Does the plaintiffs' legal and evidentiary presentation raise serious questions relating to
the merits of their claims for intentional discrimination based on race, age or source of income?
Does the plaintiffs' legal and evidentiary presentation raise serious questions relating to
the merits of their disparate impact claims? What evidence of disproportionate impact does the
law require to state a prima facie claim of disparate impact? Are the disparate impact claims
relevant to this application for a temporary restraining order? Are the disparate impact claims
ripe?
Does the plaintiffs' legal and evidentiary presentation raise serious questions relating to
the merits of their "discriminatory statements" claims? Are these claims relevant to this
application for a temporary restraining order? Does a "discriminatory statement" – particularly
one allegedly demonstrating an age-based preference – even give rise to a claim? If so, do these

plaintiffs have standing to bring it?
The defendants' supplemental brief is due November 14, 2016, and should not exceed 20
pages. The plaintiffs may file a response to the supplemental brief, also not to exceed 20 pages,
by November 18, 2016.
IT IS SO ORDERED.
Dated: November 7, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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