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Lath v. Oak Brook Condominium Owners' Association

United States District Court, D. New Hampshire

May 7, 2018

Sanjeev Lath
v.
Oak Brook Condominium Owners' Association, Gerard Dufresne, Betty Mullen, and Warren Mills

          Gary M. Burt, Esq. Sanjeev Lath, pro se

          Walter Maroney, Esq.

          Sabin R. Maxwell, Esq.

          Brendan D. O'Brien, Esq.

          Gregory V. Sullivan, Esq.

          Daniel E. Will, Esq.

          Joshua M. Wyatt, Esq.

          Gerard Dufresne, pro se

          ORDER

          Landya McCafferty, United States District Judge

         This case now consists of eight claims against four defendants, [1] including a claim against Warren Mills and the Oak Brook Condominium Owners' Association ("Association") for violating 42 U.S.C. § 3604(b) by creating a hostile housing environment for Sanjeev Lath because of his sexual orientation, race, or national origin. Before the court is a motion for summary judgment filed by Mills and the Association. Lath objects. For the reasons that follow, defendants' motion for summary judgment is granted.

         I. Summary Judgment Standard

         "Summary judgment is appropriate when the record shows that 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.'" Walker v. President & Fellows of Harvard Coll., 840 F.3d 57, 61 (1st Cir. 2016) (quoting Farmers Ins. Exch. v. RNK, Inc., 632 F.3d 777, 782 (1st Cir. 2011); citing Fed.R.Civ.P. 56(a)). When a court considers a motion for summary judgment, "[t]he evidence . . . must be viewed in the light most favorable to the nonmoving party . . . and all reasonable inferences must be taken in that party's favor." Harris v. Scarcelli (In re Oak Knoll Assocs., L.P.), 835 F.3d 24, 29 (1st Cir. 2016) (citing Desmond v. Varrasso (In re Varrasso), 37 F.3d 760, 763 (1st Cir. 1994)) .

         II. Background

         Lath owns a unit at Oak Brook. As of June 8, 2014, Mills also owned a unit at Oak Brook, and was the president of the Association's board of directors. Lath's hostile housing environment claim is based upon the following allegations concerning an incident that took place on June 8, 2014:

Plaintiff is informed and believes, and on that basis alleges, that Defendant Warren Mills assaulted Lath, by forcing his way into Lath's residence, and shouting obscenities at Lath, calling him a "faggot" and "sand nigger". Such actions of Mills were motivated because of Lath's sexual orientation as a bisexual man, and Lath's national origin and race.

Second Am. Compl. (doc. no. 48-1) ¶ 31. Lath claims that the conduct described above violated 42 U.S.C. § 3604(b). Lath's § 3604(b) claim has been designated as Count 1.

         III. ...


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