Fair Housing Council of Riverside County, Inc. v. Riverside Two

Thé parties to this civil case filed simultaneous cross-motions for summary judgment. The district court granted Defendants’ motions, denied Plaintiffs’ motion as moot, and entered a judgment dismissing the action. We hold that, when simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified and submitted in support of both motions, and in opposition to both motions, before ruling on each of them. Because we cannot ascertain from the record whether the district court followed that procedure, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are Shannon Staples and her minor children, Eugenia Green and her minor children, and Pamela Jackson Boynes and her minor children. 1 They brought this action against Defendants Riverside Two, Patrick McSherry, Toma-leen McSherry, Greg McSherry, and Margaret Miller. The Staples and Green families resided at the Casa del Mar Apartments; the Boynes family rented an apartment in the University Hills complex. Defendants Riverside Two and the McSherrys owned and operated the two complexes; Defendant Miller was the resident manager…