3:21-cv-01032•Washington v. Farmington Estates Owners Association et al
Washington v. Farmington Estates Owners Association et al
3:21-cv-01032Ord7 nov. 2025
Texte intégral
1 – FINDINGS AND RECOMMENDATIONS UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION WILMORE L WASHINGTON III, Plaintiff, v. FARMINGTON ESTATES OWNERS ASSOCIATION; NORTHWEST COMMUNITY MANAGEMENT, LLC; SARA BERG; MICHAEL ORRANTIA; KATIE PATTERSON; BRIAN HESS; JENNIFER LAYTON, THE MANAGEMENT TRUST; NATALIE SEIBEL, Defendants. Case No. 3:21-cv-01032-YY FINDINGS AND RECOMMENDATIONS YOU, Magistrate Judge. FINDINGS Plaintiff Wilmore Washington, who is representing himself in this matter, has brought this suit against the Farmington Estates Homeowners Association (“HOA Board”), The Management Trust (“TMT”), the management company the HOA Board hired to manage the community, various individuals who at times served on the HOA Board, including Sara Berg, Michael Orrantia, Jennifer Layton, Katie Patterson, and Natalie Seibel (who was also plaintiff’s neighbor), and Brian Hess, a TMT employee who was the manager of the community on TMT’s behalf (collectively “defendants”). Plaintiff, who is African American, alleges that defendants Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 1 of 6
2 – FINDINGS AND RECOMMENDATIONS violated the Fair Housing Act (“FHA”) because they discriminated or retaliated against him in failing to resolve plaintiff’s numerous complaints about his neighbors to his satisfaction, and that this created a hostile housing environment that caused him to move out of the community. Currently pending is plaintiff’s Motion for Leave to Amend Fourth Amended Complaint, ECF 174, in which plaintiff requests permission to file a Fifth Amendment Complaint. Plaintiff seeks to add as defendants Kelsie Roper and Sara Beddow, two employees of TMT, for their role in allegedly discriminating or retaliating against him. Notably, plaintiff filed this motion in July of 2025, more than three months after defendants, including TMT, filed motions for summary judgment asserting that plaintiff has failed to produce evidence sufficient to sustain any of his claims, ECF 152, 153, and more than two years after the deadline to amend pleadings passed on May 3, 2023. See Minutes of Proceedings (Feb. 2, 2023), ECF 62. Moreover, this is not the first time that plaintiff has sought leave to amend the complaint well beyond the expiration of the deadline to amend pleadings; plaintiff filed another motion for leave to file a fifth amended complaint on July 31, 2024, ECF 118, which was denied because “plaintiff . . . failed to demonstrate the diligence required to establish good cause to modify the court’s scheduling order under Federal Rule of Civil Procedure 16.” Findings and Recommendations (Sept. 3, 2024) 7, ECF 124, adopted by Order (October 10, 2024), ECF 137. The current motion fails for largely the same reasons plaintiff’s previous motion for leave to amend failed. Federal Rule of Civil Procedure 15(a)(2) provides that “[t]he court should freely give leave when justice so requires.” “In general, a court should liberally allow a party to amend its pleading.” Sonoma Cty. Ass’n of Retired Employees v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing Fed. R. Civ. P. 15(a)). However, leave to amend “is not to be granted automatically.” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990). The court “may Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 2 of 6
3 – FINDINGS AND RECOMMENDATIONS exercise its discretion to deny leave to amend due to ‘undue delay, bad faith or dilatory motive on part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party, and futility of amendment.’ ” Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 892–93 (9th Cir. 2010) (quoting Foman v. Davis, 371 U.S. 178, 182 (1962)) (alterations omitted). When moving for leave to amend after a deadline has lapsed, a party cannot “appeal to the liberal amendment procedures afforded by Rule 15; [the] tardy motion [must] satisfy the more stringent ’good cause’ showing required under Rule 16.” AmerisourceBergen Corp. v. Dialysist W., Inc., 465 F.3d 946, 952 (9th Cir. 2006) (emphasis in original); see also Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and with the judge’s consent.”). Under Rule 16(b), a party “must show good cause for not having amended their complaints before the time specified in the scheduling order expired.” Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir. 2000). The Rule 16(b) “good cause” standard primarily depends on the diligence of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). “The district court is given broad discretion in supervising the pretrial phase of litigation, and its decisions regarding the preclusive effect of a pretrial order . . . will not be disturbed unless they evidence a clear abuse of discretion.” Miller v. Safeco Title Ins. Co., 758 F.2d 364, 369 (9th Cir. 1985). Plaintiff’s motion for leave to amend does not address the Rule 16 standards, and plaintiff has failed to show that he acted diligently to justify modifying the scheduling order to add new defendants at this very late stage of the case. Plaintiff’s motion asserts that he “found out” about Beddow and Roper’s alleged actions “[a]fter the end of discovery,” Mot. Amend 2, CEF 174, but discovery closed in August of 2024, see Minutes of Proceedings (June 5, 2024), Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 3 of 6
4 – FINDINGS AND RECOMMENDATIONS ECF 115, and plaintiff does not offer any explanation for why he waited almost a year before seeking to amend the complaint to add these potential defendants. Furthermore, it appears that is was not the discovery of some new fact that prompted plaintiff’s current motion, but rather plaintiff’s further exploration of the legal standards applicable to FHA claims. See Mot. Amend 2, ECF 174 (“[A]fter review, [p]laintiff determined that [Roper] and [Beddow] should be added to the complaint based on § 100.7 [l]iability for discriminatory housing practices[.]”). This is essentially the same argument plaintiff made in support of his previous motion for leave to amend in July of 2024, in which he asserted that he did not “realize there were so many different types of civil rights laws” and was “unaware” that claims could be asserted under section 1981 or 1982 until he “started reviewing the case a little bit more.” Transcript (August 6, 2024) 8–9, ECF 123. As the court already explained, “[p]laintiff’s delay in researching potential claims does not establish the diligence required to modify the scheduling order under Rule 16.” Findings and Recommendation (Sept. 3, 2024) 5, ECF 124 (citing Corker v. Costco Wholesale Corp., No. 2:19-cv-00290-RSL, 2022 WL 16904801, at *2 (W.D. Wash. Aug. 14, 2022) (finding the defendant’s mistake in “not realiz[ing]” that expert discovery was needed did not establish good cause warranting relief from the scheduling order under Rule 16); Johnson v. Cnty. of Kern, No. 1:20-cv-01062-JLT-CDB, 2022 WL 1778015, at *5 (E.D. Cal. June 1, 2022), report and recommendation adopted in part, No. 1:20-cv-01062-JLT-CDB, 2022 WL 3335625 (E.D. Cal. Aug. 12, 2022) (finding the plaintiff, who admitted that “it was through oversight and mistake that [certain] individuals were not substituted in as Doe Defendants” before the deadline to do so, did not demonstrate diligence under Rule 16)). Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 4 of 6
5 – FINDINGS AND RECOMMENDATIONS Even if plaintiff could satisfy Rule 16’s good cause standard to amend the scheduling order, he has not met Rule 15’s standard for granting leave to amend. Plaintiff’s theory for claims against Roper and Beddow is based on supervisory liability. See Mot. Amend 5, ECF 174 (“Adding [Beddow] and [Roper] who were both supervising [defendant] Brian Hess . . . will provide direct liability on these individuals[.]”). Under the Fair Housing Act, the employer or business entity is ordinarily the only party that can be vicariously liable for torts committed by employees, not individual supervisors or corporate officers. See Meyer v. Holley, 537 U.S. 280, 286 (2003) (explaining that under the FHA, “in the absence of special circumstances it is the corporation, not its owner or officer, who is the principal or employer, and thus subject to vicarious liability for torts committed by its employees or agents”). Moreover, in separate Findings and Recommendations issued on the same date as this one, the court exhaustively analyzed plaintiff’s claims and numerous factual allegations, and found that the evidence plaintiff submitted was not sufficient to establish any claim for FHA discrimination, retaliation, or creation of a hostile housing environment. Because the evidence in the record does not support a discrimination, retaliation, or hostile environment claim against defendant Hess, adding a supervisory liability claim against Roper and Beddow is futile. See Watters v. City of Cotati, No. C 4:10-cv-02574-SBA, 2011 WL 4853590, at *6 (N.D. Cal. Oct.13, 2011) (granting summary judgment on supervisory liability claims because the plaintiff failed to demonstrate triable issue of fact as to his underlying civil rights claims). RECOMMENDATIONS Plaintiff’s Motion [for] Leave to Amend Fourth Amended Complaint (ECF 174) should be denied because plaintiff has not demonstrated the diligence necessary to establish the good Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 5 of 6
6 – FINDINGS AND RECOMMENDATIONS cause required by Rule 16 to amend the court’s scheduling order, and the proposed amendments are futile. SCHEDULING ORDER These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, December 01, 2025. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. NOTICE These Findings and Recommendations are not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any Notice of Appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of a judgment. DATED November 7, 2025. /s/ Youlee Yim You Youlee Yim You United States Magistrate Judge Case 3:21-cv-01032-YY Document 188 Filed 11/07/25 Page 6 of 6
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