Mabry et al v. City of East Chicago et al

Filing 154

ORDER ADOPTING REPORT AND RECOMMENDATIONS 153 , DISMISSING Counts III, IV, V, and VII, and DISMISSING Counts VIII and IX insofar as they assert claims for the personal liability of Anthony Copeland and Tia Cauley for the Fair Housing Act disparate impact claims, the claim for violation of Section 1982, and the claim for violation of due process. Signed by Judge Joseph S Van Bokkelen on 11/4/2021. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
KENDRA MABRY, et al.,
Plaintiffs,
v.
CITY OF EAST CHICAGO, et al.,
Defendants.

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CAUSE NO.: 2:16-CV-402-JVB-JEM

ORDER
This matter is before the Court on Defendants’ Motion to Dismiss [DE 129] filed on May
26, 2021. The Court referred this motion to Magistrate Judge John Martin for a report and
recommendation under 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and
Local Rule 72-1. [DE 132]. Judge Martin issued his Amended Report and Recommendation
[DE 153] on October 20, 2021, in which he recommended that the Court grant the motion to
dismiss. The parties were given notice that they had fourteen days in which to file objections to
the report and recommendation. No party has filed objections.
Having reviewed the report and recommendation, the Court finds no clear error. Therefore,
noting the lack of objection, the Court hereby ADOPTS in its entirety Judge Martin’s Amended
Report and Recommendation [DE 153] and incorporates the Amended Report and
Recommendation into this Order. Accordingly, the Court GRANTS Defendants’ Motion to
Dismiss [DE 129], DISMISSES Counts III, IV, V, and VII, and DISMISSES Counts VIII and IX
insofar as they assert claims for the personal liability of Anthony Copeland and Tia Cauley for the
Fair Housing Act disparate impact claims, the claim for violation of Section 1982, and the claim
for violation of due process.

SO ORDERED on November 4, 2021.
s/ Joseph S. Van Bokkelen
JOSEPH S. VAN BOKKELEN, JUDGE
UNITED STATES DISTRICT COURT

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