outline a trial brief into introduction, statement of facts, argument and conclusion. Research similar case law to support

> Download mycourses.stcl.edu The Flagg Law Firm, P.A. 42 Canal Avenue Erie, PA 16501 To: Associate From: Partner Michaela Flagg Date: September 4, 2024 Re: Beatriz Silva v. Well Journey House Civil Action No. 24-1514 Our client, Well Journey House, is being sued in federal court in Erie, Pennsylvania. I have reviewed the complaint, which is attached to this memo. I think we have a solid basis to argue in a Rule 12(b)(6) motion to dismiss for failure to state a claim that the Well Journey House is not a dwelling under the Fair Housing Act and, therefore, is not subject to any FHA discrimination claims. I have drafted a motion, which is attached to this memo to you. Please prepare a memorandum in support of the motion that only argues this one core theory. In your brief, you should specifically argue as your subarguments that the two required elements of an FHA dwelling in this jurisdiction are not present as applied to our client. Please do not analyze any other issues at this time. Make sure to incorporate all of the relevant binding sources into this trial brief. Suppose there is not enough binding authority to provide a full spectrum of discussion for both sub-arguments. In that case, you will need to include some persuasive authority to support the brief's argument as well. Keep in mind that federal district court authority is never binding, even on the court that decided it; however, it is heavily persuasive and might be useful. You may also have to include some unpublished decisions in your search for persuasive authority. After I review your brief and give you any revisions, I'll ask you to prepare the proposed order. I appreciate your work on this case because you are one of the best associates at the firm. & Print [ ] v mycourses.stcl.edu C UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA BEATRIZ SILVA, Plaintiff, V. Civil Action No. 24 Civ. 1514 WELL JOURNEY HOUSE, The Honorable Amelia Altman Defendant. DEFENDANT'S MOTION TO DISMISS Defendant Well Journey House moves to dismiss Plaintiff Beatriz Silva's lawsuit pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. As set forth in the accompanying Memorandum in Support of Defendant's Motion to Dismiss, Plaintiff has failed to state a claim upon which relief may be granted with respect to her Fair Housing Act (FHA), 42 U.S.C. $ 3604 claim. Defendant's Erie, Pennsylvania, Well Journey House facility is not a dwelling under the FHA. Therefore, there is no actionable FHA claim in the complaint. Consequently, this Court should dismiss the complaint in its entirety with prejudice. October 4, 2024 Respectfully submitted, THE FLAGG LAW FIRM, P.A. By: /s/ Associate Associate Pennsylvania No. The Flagg Law Firm, P.A. 42 Canal Avenue Erie, PA 16501 Telephone: (814) 987-6543 ATTORNEY FOR DEFENDANT> Download mycourses.stcl.edu CERTIFICATE OF SERVICE Thereby certify that on October 4, 2024, I electronically filed the foregoing with the Clerk of the Court for the United States District Court for the Western District of Pennsylvania by using the CM/ECF system, in accordance with the Federal Rules of Civil Procedure. I certify that all participants in the case are registered CM/ECF users and that service has been accomplished by the CM/ECF system. Is/ Associate Associate & Print [ ] v mycourses.stcl.edu C UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA BEATRIZ SILVA, Plaintiff, V . Civil Action No. 24 Civ. 1514 WELL JOURNEY HOUSE, The Honorable Amelia Altman Defendant. COMPLAINT COMES NOW, Plaintiff BEATRIZ SILVA ("PLAINTIFF"), by and through undersigned counsel, and files this Complaint against Defendant WELL JOURNEY HOUSE ("DEFENDANT"). In support thereof, PLAINTIFF states the following: PARTIES 1. Plaintiff, Beatriz Silva, is an individual residing in Brooklyn, New York. 2. Defendant, Well Journey House, is a non-profit organization with locations in Erie, Pennsylvania, and Pittsburgh, Pennsylvania. JURISDICTION 3. This action is brought under the Fair Housing Act, 42 U.S.C. $$ 3601-3619. This Court has jurisdiction over this civil action under 28 U.S.C. $ 1331. 4. Venue is proper in the Western District of Pennsylvania under 28 U.S.C. $ 1391 because Defendant's facilities are all located in this district and because Plaintiff's claims arise from acts that occurred in this district.> Download mycourses.stcl.edu L. STATEMENT OF FACTS 5 On March 1, 2024, Plaintiff submitted an application to stay at Defendant's location in Erie, Pennsylvania, for a period of seven days, from April 20, 2024, to April 27, 2024. 6. Defendant is a Pennsylvania nonprofit organization that provides subsidized accommodations to individuals whose family members receive overnight medical care at the Curtain Sleep Health Centers in Erie and Pittsburgh. T Defendant is a private entity that operates primarily through private donations and private corporation grants. 8. Defendant has no commercial purpose and receives no government funding. 9. Defendant's Erie location has twelve dormitory rooms, each accommodating up to six people. 10. When applicants are accepted to stay at Defendant's Erie location, they can stay up to ten days for 20 dollars per day. Visitors are not allowed to stay for more than once every five years. However, there are no caps on how many times visitors are allowed to stay in their lifetimes. 11. These applicants will be assigned a specific dormitory bed that they will use for the entirety of their stay. However, Defendant reserves the right to change that dormitory bed and room assignment if emergency circumstances require such a change. 12: Each accepted visitor will be given access to a dresser, a desk and chair, a locker in their assigned room, and the dormitory bed. They will also be given a designated parking space at the facility. 13. Visitors cannot personalize their space in a way that harms the walls or the furniture. 14. Visitors can access free Wi-Fi, and a communal telephone is available only for local calls. However, postal mail cannot be delivered to them at the facility. & Print Download mycourses.stcl.edu 15. Communal restrooms with showers are available on each of the four floors of the facility. 16. Defendant also provides complimentary breakfast, lunch, and dinner buffets at set times in its dining room on the first floor of the Erie location. 17. On Plaintiff's application to stay at the Erie location, she explained that her sister, Nina Costa, would be staying overnight at the Curtain Sleep Health Center in Erie for a period of seven days, from April 20, 2024, to April 27, 2024, and that she would greatly appreciate the opportunity to stay at Defendant's facility during that time given that she had been unemployed for the last six months since moving to the United States from Lisbon, Portugal. So, having financial help for accommodations would be incredibly helpful for Plaintiff. 18. Plaintiff also inquired on her application if she could get assistance finding an interpreter who spoke Portuguese in the Erie area who could help her and Ms. Costa understand the medical treatment that Ms. Costa would be receiving. 19. Plaintiff indicated on her application that it was her understanding that Ms. Costa would be able to get all the medical treatment that she needed during this one-time stay and that she did not intend to apply to stay with Defendant again, which would save Defendant money and resources in the future. 20. OnMarch 29, 2024, Defendant notified Plaintiff that her application to stay had been denied because \"it could not accept every application submitted to its facility.\" 21. On April 20, 2024, Plaintiff read a social media post from a person staying at the Erie Well Journey House at that time that Defendant's Erie location was rarely at 80% capacity and was only at 50% capacity at that time. 22, This social media post also stated that the average stay at the Erie Well Journey House was eight days, which was longer than her requested length of stay. & Print Download mycourses.stcl.edu 23, Based on this post, Plaintiff realized that the only reason why her application was denied was because of her national origin and her inability to speak English proficiently. 24. Defendant's discrimination against Plaintiff based on her national origin caused significant emotional and financial harm to Plaintiff. 25. Because of Defendant's discrimination, Plaintiff was forced to find a nearby hotel in a dangerous area of Erie to reside in during her sister's medical treatment for a total cost of $1,950. 26. This expense caused her to get four roommates to help pay her rent for her apartment in Brooklyn. As a result, Plaintiff's lease was terminated, and she is currently living on various friends' couches until she can find permanent employment and housing. IV. CAUSE OF ACTION FIRST CLAIM FOR RELIEF (Violations of the Fair Housing Act (FHA),42 US.C. 3604) 27. Plaintiff repeats and realleges paragraphs numbered one (1) through twenty-six (26). 28. Defendant refused to rent, made unavailable, and denied a dwelling to Plaintiff because of her national origin in violation of 42 U.S.C. 3604(a). 29. Defendant discriminated against Plaintiff because of her national origin in the terms, conditions, or privileges of the rental of a dwelling in violation of 42 U.S.C. 3604(b). 30. Defendant represented to Plaintiff that its dwelling was not available for rental when it was, in fact, so available because of Plaintiff's national origin in violation of 42 U.S.C. 3604(d). 31. Asa direct and proximate result of Defendant's intentional discrimination against Plaintiff based on her national origin with respect to the availability of its dwelling, Plaintiff has suffered damages in the form of financial and emotional harm. & Print [ ] v mycourses.stcl.edu C V. PRAYER FOR RELIEF Based on the above cause of action, Plaintiff prays the Court for the following relief: A) Enter a declaratory judgment that the aforementioned facts and practices of the Defendant violate the FHA; B) Render a judgment for damages, including, but not limited to, general, compensatory, and punitive damages, as well as for costs and reasonable attorneys' fees; and C) Grant such other and further relief as this Court may deem proper. A jury trial is demanded on all issues contained within this Complaint. Dated: September 4, 2024 Respectfully submitted, s/ Richard Planek Richard Planek Pennsylvania Bar. No. 88888 rplanek @planeklawfirm.com Planek Law Firm, P.A. 1679 Oak Tree Street Erie, PA 16501 ne: (814) 555-1234 Facsimile: (814) 555-4321 Attorney for Plaintiff Download Print G[ ] v mycourses.stcl.edu C CERTIFICATE OF SERVICE I hereby certify that on September 4, 2024, I electronically filed the foregoing with the Clerk of the Court for the United States District Court for the Western District of Pennsylvania by using the CM/ECF system in accordance with the Federal Rules of Civil Procedure. I certify that all participants in the case are registered CM/ECF users and that the CM/ECF system has accomplished service. s/ Richard Planek Richard Planek Download Print