Case: 5:10-cv-02319 Doc #: 1 Filed: 10/12/10 1 of 8. PageID #: 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

TESTA FAMILY ENTERPRISES, LTD., LLC )

d/b/a ROYAL ARMS APARTMENTS

)

c/o AMERICO TESTA, REGISTERED AGENT )

6442 PECK ROAD

)

RAVENNA, OH 44266

)

)

and

)

)

CHRISTINE TESTA

)

18 LA SALLE COURT, SE

)

NORTH CANTON, OH 44709,

)

)

Defendants.

)

Case No. COMPLAINT

JURISDICTION AND VENUE 1. This action is brought by the United States to enforce th~ provisions of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3631. It is brought on behalf of Megan Wenk and her minor children, and the Fair Housing Advocates Association (collectively, "Complainants").

Case: 5:10-cv-02319 Doc #: 1 Filed: 10/12/10 2 of 8. PageID #: 2
2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. §§ 3612(0) and 3614(a).
3. Venue is proper in the Northern District of Ohio under 28 U.S.C. § 1391(b) and 42 U.S.c. § 3612(0), in that the events or omissions giving rise to this action occurred in this district.
PARTIES 4. Plaintiff is the United States of America. The United States brings this action on behalf of the complainants as follows: a. Complainant Megan Wenk ("Wenk") is a resident of the Northern District of Ohio. She has two minor children who, at the time relevant to this matter, were ten months old and four years old. Wenk and her minor children are "aggrieved persons" as defined by the Fair Housing Act, 42 U.S.C. § 3602(1). b. Complainant The Fair Housing Advocates Association ("FHAA") is an Ohio nonprofit corporation, with its principal place of business at 520 South Main Street, Akron, Ohio.. FHAA is an "aggrieved person" as defined by the Fair Housing Act, 42 U.S.C. § 3602(1). 5. At all times relevant to the complaint, Defendant Testa Family Enterprises ("TFE") was the owner of a 26-unit apartment building known as Royal Arms Apartments ("Royal Arms"), located at 145 Van Buren Street, Ravenna, Ohio. Royal Arms is a dwelling within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b). 6. At all times relevant to the complaint, Defendant Christine Testa ("Testa") was the manager of the Royal Arms Apartments.
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FACTUAL ALLEGATIONS 7. In July 2009, Wenk was looking for an apartment to rent. She wished to find new housing because her current home was overcrowded and was infested with black mold. On July 23,2009, Wenk responded to a newspaper advertisement listing a two-bedroom unit available at Royal Arms. Wenk called the telephone number in the advertisement and spoke to Testa. 8. Testa asked Wenk whether she had children, and how old they were. When Wenk told her she had a ten-month-old and a four-year-old, Testa informed Wenk that Royal Arms did not rent to people with small children. 9. After Defendant Testa refused to show Wenk the available unit at Royal Arms, it took Wenk approximately three months to find housing, during which she and her children were forced to remain in crowded and unhealthy housing. The apartment she found was in a less safe and less convenient neighborhood than Royal Arms. 10. On July 23,2009, Wenk contacted FHAA to report her interaction with Testa. As a result of this report, FHAA developed and conducted testing to determine whether the Defendants discriminated against potential renters based on familial status. 11. During a test conducted by FHAA on July 24, 2009, a tester posing as a man with children ages six and eight, spoke to Defendant Testa about renting an apartment at the Royal Arms Apartments. She told him that a parent with children of those ages was an acceptable tenant, but that she would not rent to persons with younger children because she felt the property was not "conducive" for them due to the design of the building. 12. During a second test conducted by FHAA on July 24,2009, Defendant Testa made comments to the tester posing as a father of children ages two and three meant to
3

Case: 5:10-cv-02319 Doc #: 1 Filed: 10/12/10 4 of 8. PageID #: 4
discourage him from renting her property. Among other comments, Defendant Testa said that the children would be "a problem" and that she had "no young children" living at the Royal Arms Apartments. She told him she could not show him the available apartment.
13. During a third test conducted by FHAA on July 24, 2009, Defendant Testa made comments to the tester posing as a father of children ages ten months and two years meant to discourage him from renting her property. She told him she could not show him the available apartment, because the property was not "conducive" to children under 12, because of open walkways with wrought iron railings.
14. During an investigation conducted by HUD, Defendants acknowled.ged that it was their practice not to rent units above the ground level to families with young children..
15. Defendant Testa admitted that she had had conversations with parents of young children in which she "always communicated" safety concerns about the building, and that after these conversations, these potential tenants often changed their minds about renting at Royal Arms. She stated that it was "more likely than not" that she did not express safety concerns to potential tenants without children.
16. Defendant Testa admitted that she had refused to rent an above-ground apartment to another woman who had a five-year-old child, and forced this woman to wait until a ground­ floor unit became available.
17. On or about August 24, 2009, FHAA and Wenk filed complaints of discrimination (HUD Form 903) with the Department of Housing and Urban Development (HUD) alleging that the Defendants had discriminated on the basis of familial status in violation of the Fair Housing Act, as amended, 42 U.S.C. § 3601, et seq.
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18. Pursuant to the requirements of442 U.S.C. § 3610(a) and (b), the Secretary of HUD conducted an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based on the information gathered in this investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(I), determined that reasonable cause existed to believe that Defendants had committed illegal discriminatory housing practices in connection with the subject property.. Therefore, on August 19,2010, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination, pursuant to 42 U.S.C. § 361O(g)(2)(A), charging that the Defendant had engaged in discriminatory practices, in violation of the Fair Housing Act.
19. On September 9,2010, complainant FHAA timely elected to have the charge resolved in a federal civil action, pursuant to 42 U.S.C. § 3612(a).
20. The Secretary subsequently authorized the Attorney General to file this action on behalf of the Complainants, pursuant to 42 U.SS.cc. § 3612(0).
COUNT I (Discrimination on the Basis of Familial Status) 21. By the actions and statements set forth above, Defendants have: a. Refused to negotiate for the rental of, or otherwise made unavailable or denied dwellings to persons because of familial status, in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C.. § 3604(a); and b. Discriminated against persons in the terms, conditions, or privileges of rental of dwellings because of familial status, in violation of Section 804(b) of the Fair Housing Act, 42 U.S.C. § 3604(b);
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c. Made statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on familial status, or an intention to make any such preference, limitation, or discrimination, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c).
22. As a result of the conduct or actions of the Defendants, Complainants FHAA and Wenk and her minor children have suffered damages and are aggrieved persons within the meaning of 42 U.S.C. § 3602(1).
23. The Defendants' discriminatory actions and statements as set forth above were intentional, willful, and taken in disregard for the rights of Complainants.
COUNT II (Pattern or Practice of Discrimination) 24. The Defendants' discrimination on the basis of familial status, as described above, constitutes: a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, in violation of 42 U.S.C. § 3614(a); and/or b. A denial to a group of persons of rights granted by the Fair Housing Act, which raises an issue of general public importance, in violation of42 U.S.C. § 3614(a). 25. In addition to Complainants, there may be other victims of Defendants' discriminatory actions and practices who are "aggrieved persons" as defined in 42 U.S.C. § 3602(1). These persons may have suffered damages as a result of Defendants' discriminatory conduct. 26. Defendants' actions and statements described in the preceding paragraphs were intentional, willful, and taken in disregard for the rights of others.
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Case: 5:10-cv-02319 Doc #: 1 Filed: 10/12/10 7 of 8. PageID #: 7 REQUEST FOR RELIEF
WHEREFORE, the United States requests that the Court enter an order that: A. Declares that Defendants' discriminatory policies and practices, as set forth above, violate the Fair Housing Act, 42 U.S.C. § 3601, et seq.; B. Enjoins Defendants, their agents, employees, successors, and all other persons in active concert or participation with any of them from discriminating on the basis of familial status, in violation of the Fair Housing Act; C. Awards monetary damages to Megan Wenk and her two minor children and the Fair Housing Advocates Association, pursuant to 42 U.S.C. §§ 3612(0)(3) and 3614(d)(l)(B), and each other person injured by Defendants' conduct, pursuant to 42 U.S.C. § 3614(d)(l)(B); D. Assesses civil penalties against Defendants in the amounts authorized by 42 U.S.C. § 3614(d))((1l)(C), to vindicate the public interest. The United States further prays for such additional relief as the interests ofjustice may reqUIre.
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Case: 5:10-cv-02319 Doc #: 1 Filed: 10/12/10 8 of 8. PageID #: 8
Assistant Attorney General STEVEN H. ROSENBAUM Chief ELIZABETH A. SINGER Director, U.S. Attorneys' Fair Housing Program Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice
STEVEN M. DE ELBACH UNITED STATES ATTORNEY sIMichelle L. Heyer Michelle L. Heyer (0065723) Assistant U.S. Attorney United States Courthouse 801 West Superior Avenue Suite 400 Cleveland, OH 44113 216-622-3686 FAX 216-522-2404 michelle.heyer@usdoj.gov Attorneys for the United States of America
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 Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 1 of 7. PageID #: 77

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

TESTA FAMILY ENTERPRISES, LTD., LLC )

d/b/a ROYAL ARMS APARTMENTS

)

c/o AMERICO TESTA, REGISTERED AGENT )

6442 PECK ROAD

)

RAVENNA, OH 44266

)

)

and

)

)

CHRISTINE TESTA

)

18 LASALLE COURT, SE

)

NORTH CLINTON OHIO 444709,

)

)

Defendants.

)

Case No. 5:10-cv-02319

CONSENT ORDER A. Factual/Procedural Background 1. The United States initiated this action to enforce the provisions of the Fair Housing Act, 42 U.S.C. § 3601, et seq. The United States alleges that Defendants Testa Family Enterprises, Ltd. And Christine Testa ("Defendants") have unlawfully discriminated on the basis offamilial status in the rental and/or negotiation for rental of dwellings. 2. Specifically, the United States alleges that the Defendants have engaged in housing practices that discriminate on the basis of familial status by: a. Refusing to show or rent units to families with young children; and

Page 1 of7

Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 2 of 7. PageID #: 78
b. Restricting families with young children to units located on the first floor. 3. The United States alleges that, through this conduct, the Defendants have:
a. Violated 42 U.S.C. § 3604(a) by refusing to negotiate for the rental of, or otherwise making unavailable or denying a dwelling to a person because of familial status;
b. Violated 42 U.S.C. § 3604(b) by discriminating against parents and their children in the terms, conditions, or privileges of rental of a dwelling because of familial status;
c. Violated 42 U.S.C. § 3604(c) by making statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on familial status, or an intention to make any such preference, limitation, or discrimination; and
d. Engaged in a pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, and/or denied fair housing rights to a group of persons, raising an issue of general public importance. 4. The parties have voluntarily agreed to the entry of this Consent Order in connection with the settlement ofthis lawsuit, as indicated by the signatures below. This Consent Order shall not be deemed an admission of wrongdoing or liability by the Defendants. Therefore, it is ORDERED that:
B. Injunction 5. Defendants, their agents, employees, successors, and all persons in active concert or participation with them, are hereby enjoined from:
a. Restricting families with children of any age from occupying any rental units; b. Refusing to negotiate for the rental of, or otherwise making unavailable or denying, dwellings to persons because of familial status;
Page 2 of7

Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 3 of 7. PageID #: 79
c. Discriminating in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of familial status; and
d. making statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on familial status, or an intention to make any such preference, limitation, or discrimination.
C. Notification to Public of Nondiscrimination Policies 6. Within ten (1 0) days after the date of entry ofthis Consent Order, Defendants shall take the following steps to notify the public of their nondiscriminatory policies:
a. Pursuant to 24 C.F.R. Part 110, post and prominently display at any place ofbusiness where defendants conduct rental activity and/or have personal contact with applicants for rental of their property, a Fair Housing Poster.
b. Include the words "Equal Housing Opportunity" or the fair housing logo in any advertising conducted by Defendants in newspapers, telephone directories, radio, television or other media, and on all billboards, signs, pamphlets, brochures and other promotional literature. The words or logo should be prominently placed and easily legible.
D. Mandatory Training 7. Within 60 days of the entry of this Consent Order, defendant Christine Testa and any current employees of Defendants who are engaged in the rental of apartments shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of familial status. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendants. The Defendants shall obtain from the trainer and provide to counsel for the
Page 3 of7

Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 4 of 7. PageID #: 80
United States1 within 10 days ofthe completion ofthe training certifications of attendance, executed by each individual who received the training, confirming his/her attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course.
E. Reporting Requirements 8. During the period in which this Order is in effect, Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Defendants or Defendants' employees regarding familial status discrimination in housing. If the complaint is written, Defendants shall provide a copy of the written complaint with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number, if known. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of any resolution of such complaint.
F. Compensation of Aggrieved Persons 9. Within 30 days after entry of this Consent Order, Defendants shall pay thirty-three thousand and three hundred and fifty dollars ($33,350) to Megan Wenk and her minor children and sixteen thousand and six hundred and fifty dollars ($16,650) to Fair Housing Advocates Association.
G. Civil Penalty 10. Within 30 days after entry ofthis Consent Order, Defendants shall pay ten thousand dollars
1 All documents or other communications required by this Order to be sent to counsel for the United States shall be addressed as follows: Michelle Heyer, Assistant United States Attorney, U.S. Courthouse, 801 West Superior Avenue, Suite 400, Cleveland, OH 44113.
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Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 5 of 7. PageID #: 81
($10,000) to the United States as a civil penalty, pursuant to 42 U.S.C. § 3614(d)(1)(C). Defendants shall deliver this payment to counsel for the United States in the form of a cashier's check payable to the "United States Department of Justice."
H. Scope and Duration of Consent Order 11. The provisions of this Consent Order shall apply to Defendants, their employees, agents, successors, and all persons acting in active concert or participation with them. 12. This Consent Order is effective immediately upon its entry by the Court and shall remain in effect for three years. 13. The Court shall retain jurisdiction for the duration of this Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. 14. All parties shall be responsible for their own attorney's fees and court costs, except as provided for in Section H below.
I. Remedies for Non-Compliance, Time for Performance, and Modifications 15. The United States may move the Court to extend the period in which this Order is in effect if Defendants materially violate one or more terms of the Order. 16. Any time limits for performance imposed by this Order may be extended by mutual written agreement of the parties. 17. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. In the event the United States contends there has been a failure by Defendants to perform in a timely manner any act required by this Order or otherwise to comply with any provision thereof, the United States may move this Court to impose any
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Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 6 of 7. PageID #: 82
s/David D. Dowd, Jr.
 June 8, 2011


Case: 5:10-cv-02319-DDD Doc #: 11 Filed: 06/08/11 7 of 7. PageID #: 83

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 Case: 5:10-cv-2319 As of: 12/02/2018 06:20 PM EST 1 of 3
Cat03,Limbert,Standard,Termed
U.S. District Court Northern District of Ohio (Akron) CIVIL DOCKET FOR CASE #: 5:10−cv−02319−DDD

United States of America v. Testa Family Enterprises, LTD, LLC Assigned to: Judge David D. Dowd, Jr Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 10/12/2010 Date Terminated: 06/08/2011 Jury Demand: None Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Michelle L. Heyer Office of the U.S. Attorney − Cleveland Northern District of Ohio Ste. 400 801 Superior Avenue, W Cleveland, OH 44113 216−622−3686 Fax: 216−522−2404 Email: michelle.heyer@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Testa Family Enterprises, Ltd., LLC doing business as Royal Arms Apartments
Defendant Christine Testa

represented by Craig E. Chessler Ste. 300 315 West Tuscarawas Street Canton, OH 44702 330−453−4123 Fax: 330−478−5832 Email: craigo16@juno.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall M. Traub INVALID ADDRESS − Pelini, Campbell, Williams & Traub Ste. 400 8040 Cleveland Avenue, NW North Canton, OH 44720 330−305−6400 Fax: 330−305−0042 Email: rmtraub@pelini−law.com (Inactive) ATTORNEY TO BE NOTICED
represented by Craig E. Chessler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Randall M. Traub (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

Case: 5:10-cv-2319 As of: 12/02/2018 06:20 PM EST 2 of 3

10/12/2010 10/12/2010 10/12/2010 10/12/2010 10/13/2010 10/18/2010 10/19/2010
10/25/2010 11/03/2010 11/05/2010
11/23/2010 11/30/2010 11/30/2010
05/31/2011

1 Complaint against Christine Testa, Testa Family Enterprises, LTD, LLC., filed by United States of America. (Attachments: # 1 Summons Testa Family Enterprises, # 2 Summons Christine Testa, # 3 Civil Cover Sheet) (Heyer, Michelle) Modified text on 10/13/2010 (M,TL). (Entered: 10/12/2010)
Judge David D. Dowd, Jr. assigned to case. (M,TL) (Entered: 10/12/2010)
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) (Entered: 10/12/2010)
2 Original Summons and Magistrate Consent Form issued for service upon Christine Testa, Testa Family Enterprises, LTD., LLC. (Attachments: # 1 Magistrate Consent Form) (M,TL) (Entered: 10/12/2010)
Service by Clerk. Summons and Complaint addressed to Christine Testa & Testa Familyl Enterprises, LTD., LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 70052570000010248807/8814. (C,BA) (Entered: 10/13/2010)
3 Return of Service by Clerk by certified mail executed upon Christine Testa on 10/14/2010; Testa Familyl Enterprises, LTD., LLC on 10/14/2010, filed on behalf of United States of America (E,P) (Entered: 10/18/2010)
Order (non−document) referring case to Magistrate Judge George Limbert for general pretrial supervision. Hereafter all filings in this action shall bear the names of both Judge David D.Dowd, Jr. and the Magistrate Judge. The parties may still exercise their right to consent to the exercise of full jurisdiction by a magistrate judge and this order does not alter the parties' responsibility to file their election with the Court with reference to whether they consent to a magistrate judge exercising full jurisdiction over this action pursuant to 28 U.S.C. § 636(c)(l) and LR 73.1, if the parties have not already done so. Approved by Judge David D. Dowd, Jr. on 10/19/2010. (M,De) (Entered: 10/19/2010)
4 Magistrate Consent Package issued. (S,AA) (Entered: 10/25/2010)
5 Defendants' Answer to 1 Complaint, filed by Christine Testa, Testa Familyl Enterprises, LTD., LLC. (Traub, Randall) (Entered: 11/03/2010)
6 Case Management Conference Scheduling Order: Pursuant to the agreement of counsel, a case management conference is scheduled for 11/30/10 at 10:30 AM in Room No. 229 in Youngstown, Ohio, before Magistrate Judge George J. Limbert. Signed by Magistrate Judge George J. Limbert on 11/5/10. (Attachments: # 1 Attachment 1 − Report of Parties' Planning Meeting, # 2 Attachment 2 − L.R.−Appendix K)(S,AA) (Entered: 11/05/2010)
7 Report of Parties' Planning Meeting filed by Christine Testa, Testa Family Enterprises, Ltd., LLC, United States of America. Related document(s) 6 .(Heyer, Michelle) (Main Document 7 replaced on 11/24/2010 − double headers removed) (P, S). (Entered: 11/23/2010)
Minutes of proceedings [non−document] before Magistrate Judge George J. Limbert; case management conference held on 11/30/10; case is assigned to the standard track; Michelle L. Heyer was present as counsel for plaintiff, and Randall M. Traub was present as counsel for defendants; (Court Reporter: None);Time: 15 minutes. (S,AA) (Entered: 11/30/2010)
8 Case Management Conference Order: Case is assigned to the standard track; this case is not suitable for reference to an alternative dispute resolution program at this time; the parties did not consent to the jurisdiction of a U.S. Magistrate Judge; discovery shall be completed on or before 6/1/11; the parties agreed to follow the default standard for discovery of electronically−stored information; new parties shall be joined, and pleadings shall be amended, on or before 6/1/11; dispositive motions shall be filed on or before 7/1/11; a status conference is scheduled before Magistrate Judge Limbert in Room No. 229 in Youngstown, Ohio on 6/1/11 at 1:30 p.m. Signed by Magistrate Judge George J. Limbert on 11/30/10. (S,AA) (Entered: 11/30/2010)
DOCUMENT FILED IN ERROR; PLEASE SEE DOCUMENT NUMBER 9 FOR CORRECT ENTRY: Minutes of proceedings [non−document] before Magistrate

Case: 5:10-cv-2319 As of: 12/02/2018 06:20 PM EST 3 of 3

06/01/2011 06/06/2011 06/08/2011
06/08/2011 06/08/2011
06/05/2014 06/06/2014

Judge George J. Limbert. The Status Conference scheduled for 6/1/11 at 1:30 PM is continued based upon the representation of Plaintiff's counsel that the matter may be settled. The parties shall submit an agreed order on or before 6/10/11. (Court Reporter: None.)Time: 10 minutes. (BR,S) Modified on 6/1/2011 (S,AA). (Entered: 05/31/2011)
9 Notice: Based upon the representation of plaintiff's counsel that this matter may be settled, the status conference which was scheduled to be held before Magistrate Judge Limbert on 6/1/11 is continued; the parties shall submit an agreed order on or before 6/10/11. (S,AA) (Entered: 06/01/2011)
10 Proposed Consent Order (Motion for) filed by Christine Testa, Testa Family Enterprises, Ltd., LLC, Plaintiff United States of America. Related document(s) 1 , 9 . (Heyer, Michelle) Modified text on 6/7/2011 (S,He). (Entered: 06/06/2011)
11 Consent Order that the Court shall retain jurisdiction for the duration of this order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. All parties shall be responsible for their own attorney's fees and court costs, except as provided for in Section H of this order. Signed by Judge David D. Dowd, Jr. on 6/8/2011. (M,De) (Entered: 06/08/2011)
12 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by United States of America. (Heyer, Michelle) (Entered: 06/08/2011)
13 Marginal Entry Order approving Notice of Dismissal without prejudice. Pursuant to paragraph 13 of the proposed consent order 11 signed by all parties, the United States shall dismiss this matter with prejudice upon conclusion of the period during which the consent order is in effect. Signed by Judge David D. Dowd, Jr. on 6/8/2011. (M,De) (Entered: 06/08/2011)
14 Joint Motion to Extend Consent Order until June 8, 2015 filed by Plaintiff United States of America. Related document(s) 11 . (Heyer, Michelle) (Entered: 06/05/2014)
15 Marginal Entry Order granting Joint Motion to Extend Consent Order until June 8, 2015. (Related Doc # 14 ) Signed by Judge David D. Dowd, Jr. on 6/6/2014. (M,De) (Entered: 06/06/2014)