IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
JAMARLO K. GUMBAYTAY (aka LAURENCE E. LAMAR) d/b/a ELITE ENTERPRISES CONSULTANT GROUP; MATTHEW BAHR; BRETT ROSENBAUM; ESTATE OF DONNA GREENE; LORI WILLIAMS; SEAN MCDONOUGH; WOODY D. FRANKLIN; WOODY D. FRANKLIN, SR.; JAMES F. CLARK; BARBARA CLARK; MILLENNIA PROPERTIES, LLC; ABRAHAM CAMPBELL; GUEST PROPERTY SALES, LLC; LORETTA CATES; JEWEL MANAHAN; TODD CHAMELIN; TERRILL JORGENSEN; MARGIE CAMPBELL; AND BRUCE DUNN,
Defendants.

)

)

)

)

)

CIVIL ACTION NO.

)

2:08-CV-00573-MEF-SRW

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

COMPLAINT AND REQUEST FOR JURY TRIAL

The United States of America alleges:

1. This action is brought by the United States to enforce the provisions of Title VIII

of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing

Amendments Act of 1988, 42 U.S.C. §§ 3601 to 3619.

2. This court has jurisdiction over this action under 28 U.S.C. § 1331, 28 U.S.C. § 1345, and 42 U.S.C. § 3614(a).
3. Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the United States’ allegations occurred in the Middle District of Alabama.
4. Defendant Jamarlo K. Gumbaytay aka Laurence E. Lamar d/b/a Elite Enterprises Consultant Group (“Gumbaytay”) is a resident of Montgomery, Alabama.
5. During part or all of the period of time relevant to this action, Defendant Gumbaytay has managed numerous residential rental properties in the Montgomery, Alabama area. These properties include, but are not limited to, the properties listed in paragraphs 6 through 19 (“the subject properties”). Some of these properties may contain more than one rental unit.
6. At all times relevant to this action, Defendant Matthew Bahr employed Defendant Gumbaytay as his agent to manage the following properties that he owned: 3661 Whiting Avenue, Montgomery, Alabama 36105, and 964 North Gap Loop, Montgomery, Alabama 36110.
7. At all times relevant to this action, Defendant Brett Rosenbaum employed Defendant Gumbaytay as his agent to manage 629 North Union Circle, Montgomery, Alabama 36104, which he owned.
8. At all times relevant to this action, Donna Greene, now deceased, employed Defendant Gumbaytay as her agent to manage 3120 Gentilly Court, Montgomery, Alabama 36116, which she owned.
9. At all times relevant to this action, Defendant Lori Williams employed Defendant
2

Gumbaytay as her agent to manage 720 Capri Street, Montgomery, Alabama 36105, which she owned.
10. At times relevant to this action, Defendant Sean McDonough employed Defendant Gumbaytay as his agent to manage the following properties that he owned: 2518 Drake Street, Montgomery, Alabama 36108; 118 Stuart Street, Montgomery, Alabama 36105; and 1215 Lake Street, Montgomery, Alabama, 36104.
11. At all times relevant to this action, Defendants Woody D. Franklin and Woody D. Franklin, Sr. employed Defendant Gumbaytay as their agent to manage 6149 Cherry Hill Road, Montgomery, Alabama 36116, which they owned.
12. At all times relevant to this action, Defendants James F. and Barbara Clark employed Defendant Gumbaytay as their agent to manage 4005 Chelsea Drive, Montgomery, Alabama 36110, which they owned.
13. At all times relevant to this action, Defendant Millennia Properties, LLC employed Defendant Gumbaytay as its agent to manage 2002 Oklahoma Street, Montgomery, Alabama 36107, which it owned.
14. At all times relevant to this action, Defendants Abraham and Margie Campbell employed Defendant Gumbaytay as their agent to manage 2031 West Street, Apartment B, Montgomery, Alabama, 36106, which they owned.
15. At times relevant to this action, Defendant Guest Property Sales, LLC employed Defendant Gumbaytay as its agent to manage 1215 Lake Street, Montgomery, Alabama, 36104, which it owned.
16. At times relevant to this action, Defendant Loretta Cates employed Defendant
3

Gumbaytay as her agent to manage 311 Milton Rd., Montgomery, Alabama, 36110, which she owned.
17. At times relevant to this action, Defendant Jewel Manahan employed Defendant Gumbaytay as her agent to manage 6113 Jennifer Lane, Montgomery, Alabama 36116, which she owned.
18. At all times relevant to this action, Defendant Todd Chamelin employed Defendant Gumbaytay as his agent to manage 4 Stuart Street, Montgomery, Alabama 36105, which he owned.
19. At all times relevant to this action, Defendant Terrill Jorgensen employed Defendant Gumbaytay as his agent to manage 545 Broadway Street, Montgomery, Alabama 36110, which he owned.
20. At all times relevant to this action, Defendant Bruce Dunn employed Defendant Gumbaytay as his agent to manage 2233 East Fourth Street, Montgomery, Alabama 36106, which he owned.
21. The rental units at the subject properties are dwellings within the meaning of 42 U.S.C. § 3602(b).
22. The Defendants have violated the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., by discriminating against persons on the basis of sex in connection with the rental of the subject properties.
23. From at least 2005 through the present, Defendant Gumbaytay has been subjecting actual and prospective female tenants of the subject properties to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has
4

included, but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; unwanted sexual language; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to his sexual advances.
24. The owner Defendants listed in paragraphs 6 through 20 are liable for the discriminatory conduct of their agent and manager, Defendant Gumbaytay, described above. In addition, the owner Defendants knew or should have known of the discriminatory conduct of Defendant Gumbaytay, yet failed to take reasonable preventive or corrective measures.
25. The Defendants’ conduct described above constitutes: a. A denial of housing or making housing unavailable because of sex, in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. § 3604(a); b. Discrimination in the terms, conditions, or privileges of the rental of dwellings, or in the provision of services or facilities in connection therewith, because of sex, in violation of Section 804(b) of the Fair Housing Act, 42 U.S.C. § 3604(b); c. The making of statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on sex, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c); and d. Coercion, intimidation, threats, or interference with persons in the exercise or enjoyment of, or on account of their having exercised or enjoyed, their
5

rights under Section 804 of the Fair Housing Act, in violation of Section 818 of the Fair Housing Act, 42 U.S.C. § 3617. 26. The Defendants’ conduct described above constitutes: a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.; or b. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., which denial raises an issue of general public importance. 27. Female tenants, prospective tenants, and persons associated with them have been injured by the Defendants’ discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of the Defendants’ conduct. 28. The Defendants’ conduct was intentional, willful, and/or taken in reckless disregard for the rights of others. 29. The owner Defendants listed in paragraphs 6 through 20 may own or have owned other dwellings, for which they employed Gumbaytay as their manager and agent, where conduct similar to that described in paragraph 23 may have occurred. WHEREFORE, the United States prays that the Court enter an ORDER that: 1. Declares that the Defendants’ discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.; 2. Enjoins the Defendants, their agents, employees, and successors, and all other persons in active concert or participation with them from:
6

a. Discriminating on account of sex against any person in any aspect of the rental of a dwelling;
b. Interfering with or threatening to take any action against any person in the exercise or enjoyment of rights granted or protected by the Fair Housing Act, as amended; and
c. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the Defendants’ past unlawful practices to the position they would have been in but for the discriminatory conduct;
3. Awards monetary damages to each identifiable victim of the Defendants’ discriminatory housing practices for injuries caused by the Defendants’ discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
4. Assesses civil penalties against the Defendants in order to vindicate the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C).
7

The United States further prays for such additional relief as the interests of justice may require.

Dated: April 26, 2010

Respectf

ully submitted,

ERIC H. HOLDER, JR. Attorney General

LEURA G. CANARY United States Attorney
Civil

THOMAS

/s/ Thomas E. Perez E. PEREZ
Assistant Attorney General Rights Division

James J. Dubois

JAMES J. DUBOIS

STEVEN

Assistant United States Attorney

GA Bar Number: 231445

131 Clayton Street

Montgomery, AL 36104

Tel.: (334) 223-7280

Fax: (334) 223-7560

MICHAEL

AMBER VA

950 Washington, Tel.: Fax:

/s/ Steven H. Rosenbaum H. ROSENBAUM
Chief Housing and Civil Enforcement Section
/s/ Amber R. Standridge S. MAURER
Deputy Chief R. STANDRIDGE
Bar Number: 73444 ROGER T. SEVERINO Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice
Pennsylvania Avenue, N.W.- G St. DC 20530
(202) 514-4713 (202) 514-1116

8

 
 Case 2:08-cv-00573-MEF -SRW Document 419 Filed 08/16/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
 FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION


UNITED STATES OF AMERICA, Plaintiff,
v. MATTHEW BAHR, et al.
Defendants.

) ) ) ) ) CASE NO. 2:08-cv-573-MEF ) ) ) )

FINAL JUDGMENT

In accordance with the prior proceedings and consent decrees of the Court and upon consideration of the testimony presented at the hearing on damages held on July 28, 2011, and the record as a whole, it is ORDERED and ADJUDGED as follows:
1. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Matthew Bahr and in favor the United States in the amount of $17,000, to be distributed as follows: $4,500 to Loretta Hull; $5,000 to Rita Julian; $2,500 to Calandra Wright; and $5,000 to Britney Knight.1

1 Payments shall be made by certified check or money order made out to “United States Treasury” and delivered by overnight mail to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, Attn: DJ # 175-2-80, 1800 G. Street, N.W., Washington, D.C. 20006. This applies to the judgments entered against all defendants.

Case 2:08-cv-00573-MEF -SRW Document 419 Filed 08/16/11 Page 2 of 4
2. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Matthew Bahr and in favor of the United States for civil penalties in the amount of $10,000.
3. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Sean McDonough in the amount of $4,250, to be distributed as follows: $3,750 to Nancy Jones and $500 to Valisha Jones-Hampton.
4. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Sean McDonough for civil penalties in the amount of $2,000.
5. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Bruce Dunn in the amount of $2,500, to be distributed to Loretta Hull.
6. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Bruce Dunn for civil penalties in the amount of $1,000.
7. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Millennia Properties, LLC in the amount of $2,500 to Tamekia Kemp. Tamekia Kemp shall have 90 days to claim her monetary damage awards from the United States from the date the United States receives the full damages amount from Millennia Properties, LLC. In the event that Tamekia Kemp does not claim her damage award within the 90 days allowed, the United States shall return all unclaimed monies to Millennia Properties, LLC.
8. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Millenia Properties, LLC for civil penalties in the amount of $1,000.

Case 2:08-cv-00573-MEF -SRW Document 419 Filed 08/16/11 Page 3 of 4
9. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Brett Rosenbaum in the amount of $500 to be distributed to Maggie Williams. Maggie Williams shall have 90 days to claim her monetary damage awards from the United States from the date the United States receives the full damages amount from Brett Rosenbaum. In the event that Maggie Williams does not claim her damage award within the 90 days allowed, the United States shall return all unclaimed monies to Brett Rosenbaum.
10. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Brett Rosenbaum for civil penalties in the amount of $1,000.
11. It is the judgment of this Court that Matthew Bahr, Sean McDonough, Bruce Dunn, Millennia Properties, and Brett Rosenbaum and their agents, employees, successors, and all persons in active concert or participation with them are hereby ENJOINED from:
a. Refusing to rent a dwelling unit, refusing or failing to provide or offer information about a dwelling unit, or otherwise making unavailable or denying a dwelling unit to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a dwelling unit, or in the provision of services or facilities in connection herewith, because of sex; c. Making, printing, publishing, or causing to be made, printed, or published any notice, statement or advertisement with respect to the rental of a dwelling unit that states any preference, limitation or discrimination based on sex; or

Case 2:08-cv-00573-MEF -SRW Document 419 Filed 08/16/11 Page 4 of 4
d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by 42 U.S.C. §§ 3603 - 3606. 12. The Clerk of the Court is DIRECTED to enter this as a final judgment on the record pursuant to Rule 58 of the Federal Rules of Civil Procedure and close this file. Done this the 16th day of August, 2011.
/s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

 
 Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTCthFAL1AMA

:5 NORTHERN DIVISION
fl P

UNITED STATES OF AMERICA,

)

Plaintiff,

) DE A P. HACKETT. ELK

)

ftS PSTRICT COURT

I

L

)

CIVIL ACTION
•J5'73

TAMAPTflV flTTMflAVTAV

IL.- LI

(aka LAURENCE E. LAMAR)

d/b/a ELITE ENTERPRISES

CONSULTANT GROUP;

MATTHEW BAHR;

BRETT ROSENBAUM;

ESTATE OF DONNA GREENE;

LORI WILLIAMS;

SEAN MCDONOUGH;

WOODY D. FRANKLIN;

WOODY D. FRANKLIN, SR.;

JAMES F. CLARK;

BARBARA CLARK; and

FRANK COOK,

Defendants.

COMPLAINT AND REQUEST FOR JURY TRIAL The United States of America alleges:
1. This action is brought by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 to 3619.
2. This court has jurisdiction over this action under 28 U.S.C. § 1331,28 U.S.C. § 1345, and 42 U.S.C. § 3614(a).
3. Venue is proper under 28 U.S.C. § 139 1(b) because the actions giving rise to the United States' allegations occurred in the Middle District of Alabama.

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 2 of 7

4. Defendant Jamarlo K. Gumbaytay aka Laurence B. Lamar dlb/a Elite Enterprises

Consultant Group ("Gumbaytay") is a resident of Montgomery, Alabama.

5. During part or all of the period of time relevant to this action, Defendant

Gumbaytay has managed numerous residential rental properties in the Montgomery, Alabama

area. These properties include, but are not limited to, the properties listed in paragraphs 6 through

13 ("the subject properties"). Some of these properties may contain more than one rental unit.

6. At all times relevant to this action, Defendant Matthew Bahr employed Defendant

Gumbaytay as his agent to manage the following properties that he owned: 3661 Whiting Avenue,

Montgomery, Alabama 36105, and 964 North Gap Loop, Montgomery, Alabama 36110.

7. At all times relevant to this action, Defendant Brett Rosenbaum employed

Defendant Gumbaytay as his agent to manage 629 North Union Circle, Montgomery, Alabama

36104, which he owned.

8. At all times relevant to this action, Doima Greene, now deceased, employed

Defendant Gumbaytay as her agent to manage 3120 Gentilly Court, Montgomery, Alabama

36116, which she owned.

9. At all times relevant to this action, Defendant Lori Williams employed Defendant Gumbaytay as her agent to manage 720 Capri Street, Montgomery, Alabama 36105, which she

owned. 10.

At all times relevant to this action, Defendant Sean McDonough employed

Defendant Gumbaytay as his agent to manage the following properties that he owned: 2518 Drake

Street, Montgomery, Alabama 36108, and 118 Stuart Street, Montgomery, Alabama 36105.

11. At all times relevant to this action, Defendants Woody D. Franklin and Woody

2

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 3 of 7
D. Franklin, Sr. employed Defendant Gumbaytay as their agent to manage 6149 Cherry Hill Road, Montgomery, Alabama 36116, which they owned.
12. At all times relevant to this action, Defendants James F. and Barbara Clark employed Defendant Gumbaytay as their agent to manage 4005 Chelsea Drive, Montgomery, Alabama 36110, which they owned.
13. At all times relevant to this action, Defendant Frank Cook employed Defendant Gumbaytay as his agent to manage 2002 Oklahoma Street, Montgomery, Alabama 36107, which he owned.
14. The rental units at the subject properties are dwellings within the meaning of 42 U.S.C. § 3602(b).
15. The Defendants have violated the Fair Housing Act, 42 U.S.C. § 3601, by discriminating against persons on the basis of sex in connection with the rental of the subject properties 16. From at least 2005 through the present, Defendant Gumbaytay has been subjecting actual and prospective female tenants of the subject properties to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has included, but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; unwanted sexual language; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to his sexual advances. 17. The owner Defendants listed in paragraphs 6 through 13 are liable for the discriminatory conduct of their agent and manager, Defendant Gumbaytay, described above. In addition, the owner Defendants knew or should have known of the discriminatory conduct of
3

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 4 of 7

Defendant Gumbaytay, yet failed to take reasonable preventive or corrective measures.

18. The Defendants' conduct described above constitutes: a. A denial of housing or making housing unavailable because of sex, in

violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. § 3604(a);

b. Discrimination in the terms, conditions, or privileges of the rental of dwellings, or in the provision of services or facilities in connection

therewith, because of sex, in violation of section u'i. p) or me t air

Housing Act, 42 U.S.C. § 3604(b);

c. The making of statements with respect to the rental of dwellings that

indicate a preference, limitation, or discrimination based on sex, in

violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c);

and d. Coercion, intimidation, threats, or interference with persons in the exercise
or enjoyment of, or on account of their having exercised or enjoyed, their

rights under Section 804 of the Fair Housing Act, in violation of Section

818 of the Fair Housing Act, 42 U.S.C. § 3617.

19. The Defendants' conduct described above constitutes: a. A pattern or practice of resistance to the full enjoyment of rights granted by

the Fair Housing Act, 42 U.S.C. § 3601

; or

b. A denial to a group of persons of rights granted by the Fair Housing Act,

42 U.S.C. § 3601

, which denial raises an issue of general public

importance.

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 5 of 7
20. Female tenants, prospective tenants, and persons associated with them have been injured by the Defendants' discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of the Defendants' conduct.
21. The Defendants' conduct was intentional, willful, and/or taken in reckless disregard for the rights of others.
22. The owner Defendants listed in paragraphs 6 through 13 may own or have owned other dwellings, for which they employed Gumbaytay as their manager and agent, where conduct similar to that described in paragraph 16 may have occurred.
WHEREFORE, the United States prays that the Court enter an ORDER that: 1. Declares that the Defendants' discriminatory practices violate the Fair Housing
Act, as amended, 42 U.S.C. § 3601 2. Enjoins the Defendants, their agents, employees, and successors, and all other
persons in active concert or participation with them from: Discriminating on account of sex against any person in any aspect of the rental of a dwelling; Interfering with or threatening to take any action against any person in the exercise or enjoyment of rights granted or protected by the Fair Housing Act, as amended; and
c. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the Defendants' past unlawful practices to the position they would have been in but for the discriminatory conduct;
5

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 6 of 7
3. Awards monetary damages to each identifiable victim of the Defendants' discriminatory housing practices for injuries caused by the Defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
4. Assesses civil penalties against the Defendants in order to vindicate the public interest, pursuant to 42 u.s.c. § 3614(d)(1)(c).

Case 2:08-cv-00573-MEF-SRW Document 1 Filed 07/17/08 Page 7 of 7

The United States further prays for such additional relief as the interests ofjustice may

require.
Dated: 7//7/i?'

Respectfully submitted,

MICHAEL B. MUKASEY Attorney General

LEURA G. CANARY United States Attorney

/ GRACE CHUNG BECKER Acting Assistant Attorney General
Civil Rights Division

ocv1
JA J. DtjOIS Assistant United States Attorney GA Bar Number: 231445 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560

STEVEN .ROSENBAU Chief
:;ement5ectjon
AMBERR. STANDRIDGE VA Bar Number: 73444 Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington, DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116

7

 
 Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA,

PLAINTIFF, V.

CASE NO. 2:08-C V-00573-MEF-SRW

MATTHEW BAHR, et al.,

DEFENDANTS.

CONSENT DECREE BETWEEN PLAINTIFF UNITED STATES AND DEFENDANT ABRAHAM CAMPBELL
The parties hereby consent to the entry of this Consent Decree. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
I. SCOPE OF CONSENT DECREE 1. The provisions of this Consent Decree shall apply to Abraham Campbell and his employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with him. 2. This Consent Decree constitutes a full and final resolution of all claims of violation of the Fair Housing Act that the United States brought or could have brought in this action related to Defendant Campbell's ownership andlor management of real property in Montgomery, AL.
II. FACTUAL BACKGROUND 3. This action was filed by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. The United States alleges that Defendant

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 2 of 16
Jamarlo K. Gumbaytay, aka Laurence Lamar dlb/a Elite Enterprises Consultant Group (hereinafter "Gumbaytay") engaged in discrimination on the basis of sex in violation of the Fair Housing Act in connection with rental dwelling units he managed on behalf of Defendants Matthew Bahr, Brett Rosenbaum, Lori Williams, Sean McDonough, Woody D. Franklin, Sr., James F. Clark, Barbara Clark, Millennia Properties, LLC, Abraham Campbell, Guest Properties, LLC, Jewel Manahan, Todd Chamelin, Terrill Jorgensen, and Bruce Dunn (hereinafter "the owner Defendants") in and around Montgomery, Alabama. Specifically, the United States alleges that Defendant Gumbaytay, in violation of 42 U.S.C. § 3604 (a), (b), (c) and 3617, subjected female tenants and prospective tenants to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct is alleged to have included, but is not limited to, unwanted verbal sexual advances; unwanted sexual intercourse and sexual touching; entering the apartments of female tenants without permission or notice; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to sexual advances. 4. The United States further alleges that the owner Defendants, including Defendant Campbell, are vicariously liable for the above-described discriminatory conduct because Defendant Gumbaytay engaged in such acts while acting within the scope of his employment and/or agency with the owner Defendants. 5. Defendant Campbell represents that he currently owns no residential real property outside of his primary residence. 6. The United States alleges that the Defendant's conduct constituted a pattern or practice of discrimination and/or a denial of rights to a group of persons that raises an issue of general public

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 3 of 16
importance. See 42 U.S.C. § 3614(a). 7. To avoid the risks and burdens of litigation and without admitting liability or any of the allegations, Defendant Campbell has entered into this Decree to resolve voluntarily the claims asserted by the United States.
III. INJUNCTION 8. Defendant Campbell and his agents, employees, successors, and all persons currently in active concert or participation with him are hereby enjoined from:
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling that indicate any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of any right granted by 42 U.S.C. § 3603 -3606.

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 4 of 16
IV. NON-DISCRIMINATION POLICY AND PROCEDURES 9. With respect to any residential rental property in which Defendant Campbell has any ownership, equitable, or leasehold interest,' Defendant Campbell shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, take the following actions:
a. Implement the Nondiscrimination Policy and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination Policy and Procedures. Provide all future tenants with a copy of the Nondiscrimination Policy and Procedures within fifteen (15) days of each tenant's signing a lease.
b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each acknowledging that he or she has received and read the Decree and the Nondiscrimination Policy and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policy and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policy and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion.
1 The language "ownership, equitable, or leasehold interest" when used throughout this Decree shall not be construed to include a right of redemption that has not been exercised.

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 5 of 16
c. Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," and/or the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed. V. RECORD KEEPING AND REPORTING REQUIREMENTS
10. With respect to any residential rental property in which Defendant Campbell has any ownership, equitable, or leasehold interest, Defendant Campbell shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, preserve all rental applications, leases, rental roll ledgers, eviction notices, occupancy lists, and other similar business records. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. Upon request by the United States, Defendant Campbell shall provide copies of such documents and any other information reasonably related to compliance with this Consent Decree that is requested by the United States.2
2. All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-2-80, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 6 of 16
11. Every six months from the date of the entry of this Decree, and sixty (60) days before the expiration of this Decree, Defendant Campbell shall send the United States a list of all tenants at any residential real property in which he has any ownership, equitable, or leasehold interest. 12. Defendant Campbell shall notif' counsel for the United States, in writing, within 15 days of receipt of any written or oral complaint against him or his agents, contractors, or employees regarding discrimination in housing based on sex andlor sexual harassment. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. If the complaint is written, Defendant Campbell shall provide the United States a copy with the notification. If the complaint is oral, Defendant Campbell shall provide a written summary of the complaint. Defendant Campbell 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.
VI. MANDATORY TRAINING 13. With respect to any residential rental property in which Defendant Campbell has any ownership, equitable, or leasehold interest, Defendant Campbell and all of his agents, contractors, or employees involved in showing, renting, operating, or managing any such property shall, within 180 days from the date of entry of this Decree, or within thirty (30) days of acquiring an ownership, equitable, or leasehold interest in such property, undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of sex. The training shall be conducted by an independent qualified third party, not connected to the Defendant or defense counsel, and approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant Campbell. Defendant Campbell shall obtain from the trainer

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 7 of 16
certifications of attendance, in a form acceptable to the United States, executed by each individual who received the training confirming their attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or the time in which it was completed.
VII. MONETARY DAMAGES FOR AGGRIEVED PERSONS 14. Within thirty (30) days of the date of the entry of this Consent Decree, Defendant Campbell shall pay to the United States seven hundred and fifty dollars ($750) into a monetary damages fund for persons whom the United States has identified as aggrieved persons within the meaning of the Fair Housing Act. Payment into this fund shall be made within thirty (30) days of the date of the entry of this Consent Decree by delivering to counsel for the United States a certified check, check from a lawyer's trust account, or money order made payable to the United States Treasury. Defendant shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 2, above. 15. The monetary damages fund shall be distributed to aggrieved persons in amounts to be determined by the United States and approved by the Court. Within sixty (60) days of the resolution of all of its claims in this case, the United States shall submit a proposed distribution of the monetary damages fund to the Court for approval, and identify the aggrieved persons and the amount of damages that the United States concludes should be paid to each. Defendant Campbell waives the right to challenge the United States' proposed distribution. However, no money from the fund shall be distributed to an aggrieved person unless he/she has executed and delivered to the United States the release attached to this Consent Decree as Appendix C. Should any aggrieved person refuse to execute the release attached as Appendix C, his or her share of the monetary

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 8 of 16
damages fund will be distributed, in the United States' discretion, among the aggrieved persons who executed releases. 16. The monetary damages amount required to be paid pursuant to paragraph 14, above, is a debt for willful and malicious injury by Defendant Campbell within the meaning of 11 U.S.C. § 523(a)(6). Defendant Campbell shall not seek to discharge any part of that debt in bankruptcy. 17. Interest shall accrue on any amount not paid within the time mandated by paragraph 14, as provided in 28 U.S.C. § 1961.
VIII. CIVIL PENALTY 18. Within thirty (30) days after the date of the entry of this Consent Decree, Defendant Campbell shall issue a certified check, check from a lawyer's trust account, or money order in the amount of two hundred and fifty dollars ($250), payable to the United States Treasury as a civil penalty to vindicate the public interest pursuant to 42 U.S.C. § 3614(d)(1)(C). Defendant Campbell shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 2, above. 19. In the event that Defendant Campbell or his agents or employees engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 36 14(d). 20. The civil penalty payment referenced in paragraph 18 is a debt for a fine, penalty, or forfeiture payable to and for the benefit of the United States within the meaning of 11 U.S.C. § 523(a)(7), and is not compensation for actual pecuniary loss. Defendant Campbell shall not seek to discharge any part of that debt in bankruptcy.

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 9 of 16
21. Interest shall accrue on any sum that is not paid within the time mandated by paragraph 18, as provided in 28 U.S.C. § 1961.
IX. ENFORCEMENT 22. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by Defendant Campbell, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree, or in the event of any other act violating any provision of this Consent Decree, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of such acts or deeming such acts to have been performed, and an award of any damages, costs, and attorneys' fees which may have been occasioned by the Defendant's non-actions or actions, or the Defendant's violation or failure to perform.
X. COSTS OF LITIGATION 23. All parties shall be responsible for their own attorney's fees and court costs, except as provided in paragraph 22, above.
XI. DURATION 24. This Consent Decree shall be in effect for a period of five years from the effective date. The United States' Complaint against Defendant Campbell is dismissed with prejudice except that the Court shall retain jurisdiction for the duration of this Consent Decree to enforce its terms. Any time limits for performance imposed by this Consent Decree may be extended by mutual, written agreement of the United States and the party to whom the extension shall apply. The United States may move the Court to extend the duration of the Consent Decree against Defendant

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 10 of 16
if Defendant violates one or more provisions of the Decree, or in the interests of justice. The expiration of the Consent Decree shall not extinguish or otherwise affect Defendant's debt for any unpaid portion of the monetary judgments in paragraphs 14, 18 or 25, including any accrued interest. Nor shall the expiration of the Consent Decree extinguish or otherwise affect the United States' ability to collect such unpaid sums.
XII. LIQUIDATED DAMAGES 25. If Defendant fails to make any payment within the time or in the amount set forth in paragraph 14, fails to pay the civil penalty within the time or in the amount set forth in paragraph 18, or fails to pay the interest within the time or in the amount set forth in paragraphs 17 or 21 a judgment shall be entered immediately, without further notice or hearing, against Defendant in the aggregate amount of the following:
a. the outstanding balance owed under the terms of paragraphs 14, 17, 18 and 21 of this Order; and b. ONE THOUSAND DOLLARS ($1,000) in total liquidated damages payable to the United States for distribution for the benefit of the aggrieved persons in the discretion of the United States. 26. Payment of this judgment shall be made in monthly installments of $200 until the entire amount calculated pursuant to paragraph 25, plus interest pursuant to paragraph 27 has been paid. 26. Ifjudgment is entered pursuant to paragraph 25, the judgment will accrue post-judgment interest at the legal rate and in the manner set forth in 28 U.S.C. § 1961, and the parties agree that

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 11 of 16
the United Sates is entitled to enforce collection of that judgment by all legal means available, including, but not limited to, filing liens against Defendant's non-exempt real and personal property, garnisheeing Defendant's wages and bank accounts, and levying against Defendant's non-exempt real and personal property. IT IS SO ORDERED:
This ZO day of _______________________,2011.
MAIE. FULL UNITD STATES DISTRICT JUDGE

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 12 of 16

2 Respectfully submitted this i ' day of . j -, 2011.

For Plaintiff:
LEURA G. CANARY United States Attorney

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

JAMES 3. DUBOIS Assistant United States Attorney Bar Number: GA 231445 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560 j ames.dubois2"usdoj .gov

MICHAEL S. MAURER Deputy Chief AMBER R. STANDRIDGE Bar Number: VA 73444 ROGER T. SEVERNO Bar Number: DC 488685 SEAN R. KEVENEY Bar Number: TX 24033862 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington,DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116 Roger. Severino"usdoj .gov Amber.Standridge"usdoj .gov

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 13 of 16
fendantAbhamEb1: Kenneth Shinbaum MoPhillips Shinbaum, LLP P.O. Box 64 Montgomery, AL 36101 334-262-1911

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 14 of 16
APPENDIX A
NONDISCRIMINATION POLICY AND PROCEDURES
It is the policy of Defendant Abraham Campbell to comply with Title VIII of the Civil Rights Act of 1968 (commonly known as the Fair Housing Act) by ensuring that housing is available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means, among other things, that Abraham Campbell, as well as all his agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of sex or otherwise engage in sexual harassment in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from-
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling unit, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling unit that states any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by the Fair Housing Act.
Any action taken by an agent or employee that results in unequal service, treatment or behavior to tenants on the basis of sex may constitute a violation of state and federal fair housing laws. Any tenant who believes that any of the above policies has been violated by any owner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, the Central Alabama Fair Housing Center at 334-263-HOME or the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713.

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 15 of 16
APPENDIX B Employee/Agent Acknowledgment of Receiving and Reviewing Decree
and Nondiscrimination Policy and Procedures
I have received a copy of the Consent Decree entered in United States v. Bahr, et al., Case No. 2:08-CV-00573-MEF-SRW (M.D. Ala.). I have also received a copy of my employer's Nondiscrimination Policy and Procedures. The Consent Decree and the Nondiscrimination Policy and Procedures were explained to me by my employer, and all questions concerning these documents were answered. I have read and understood the Consent Decree and the Nondiscrimination Policy and Procedures.
DATE
EMPLOYEE/AGENT NAME (PRINT)
EMPLOYEE/AGENT SIGNATURE

Case 2:08-cv-00573-MEF -SRW Document 411 Filed 07/20/11 Page 16 of 16

APPENDIX C
Release
In consideration for the parties' agreement to the terms of the Consent Decree entered in United States v. Bahr, eta!., CASE NO. 2:08-CV-00573-MEF-SRW (M.D. Ala.), I hereby agree, to remise, release, and forever discharge any and all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, up to and including the date of execution of this release, that I may have against Defendant Abraham Campbell and his agents, employees, officers, members, heirs, executors, spouses, administrators, successors, insurers, and assigns.
I acknowledge and understand that, by signing this Release, I am waiving any right to pursue my own legal action against Defendant Abraham Campbell based on the discrimination alleged by the United States in this case.
I also acknowledge that I have been informed that I may review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained legal advice, I voluntarily and knowingly waive my right to do so.
This Release constitutes the entire agreement between Defendant Abraham Campbell and me, without exception or exclusion.
I declare under penalty of perjury that the foregoing is true and correct.

Executed this _____ day of

, 2011.

PRINT NAME

 
 Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA,

PLAINTIFF,

V.

CASE NO. 2:08-CV-00573-MEF-SRW

MATTHEW BAHR, et al.,

DEFENDANTS.

CONSENT DECREE BETWEEN PLAINTIFF UNITED STATES AND DEFENDANT WOODY FRANKLIN, SR.
The parties hereby consent to the entry of this Consent Decree. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
I. SCOPE OF CONSENT DECREE The provisions of this Consent Decree shall apply to Woody Franklin, Sr., his employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with him. 2. This Consent Decree constitutes a full and final resolution of all claims of violation of the Fair Housing Act that the United States brought or could have brought in this action related to Defendant Franklin's ownership andlor management of real property in Montgomery, AL.
II. FACTUAL BACKGROUND 3. This action was filed by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. The United States alleges that Defendant Jamarlo K. Gumbaytay, aka Laurence Lamar d/b/a Elite Enterprises Consultant Group (hereinafter

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 2 of 17
"Gumbaytay") engaged in discrimination on the basis of sex in violation of the Fair Housing Act in connection with rental dwelling units he managed on behalf of Defendant Franklin and others (hereinafter "the owner Defendants") in and around Montgomery, Alabama. Specifically, the United States alleges that Defendant Gumbaytay, in violation of 42 U.S.C. § 3604 (a), (b), (c) and 3617, subjected female tenants and prospective tenants to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct is alleged to have included, but is not limited to, unwanted verbal sexual advances; unwanted touching; entering the apartments of female tenants without permission or notice; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to sexual advances. 4. The United States further alleges that the owner Defendants, including Defendant Franklin, are vicariously liable for the above-described discriminatory conduct because Defendant Gumbaytay engaged in such acts while acting within the scope of his employment and/or agency with the owner Defendants.
5. Defendant Franklin represents that he currently owns the following properties in Alabama: 803 North Pass Road, Montgomery, AL 36110, 3526 Doris circle, Montgomery, AL 36105, 6269 Eric Lane, Montgomery, AL 36116, 846 North Gap Loop, Montgomery, AL 36116, 6149 Cherry Hill Road, Montgomery, AL 36116., 4509 Lilly Lane, Montgomery, AL 36116, and 2419 Cherry Street, Montgomery, AL 36116.
6. The United States alleges that the Defendants' conduct constituted a pattern or practice of discrimination and/or a denial of rights to a group of persons that raises an issue of general public importance. See 42 U.S.C. § 36 14(a).
2

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 3 of 17
7. Defendant Franklin denies the allegations made by the United States and further denies that he violated the Fair Housing Act, or is in any way liable under the Fair Housing Act. 8. To avoid the risks and burdens of litigation, Defendant Franklin has entered into this Consent Decree to resolve voluntarily the claims asserted by the United States. The decision to pay any monies was made solely by the liability carrier of Defendant Franklin in order to avoid any future fees, costs, or expenses in connection with the defense of this suit and shall not be construed as an admission of liability.
III. INJUNCTION 9. Defendant Franklin, his agents, employees, successors, and all persons currently in active concert or participation with him, are hereby enjoined from:
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling that indicate any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of any right granted by 42 U.S.C. § 3603 -3606.
3

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 4 of 17
IV. NON-DISCRIMINATION POLICIES AND PROCEDURES 10. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, or within fifteen (15) days of resuming the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin shall take the following actions:
a. Implement the Nondiscrimination Policies and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination Policies and Procedures. Provide all future tenants with a copy of the Nondiscrimination Policies and Procedures within fifteen (15) days of each tenant's signing a lease.
b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each acknowledging that he or she has received and read the Decree and the Nondiscrimination Policies and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policies and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policies and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion.
4

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 5 of 17
Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," andlor the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed. 11. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, or within fifteen (15) days of resuming the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin shall take the following actions: a. Implement the Nondiscrimination Policies and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination Policies and Procedures. Provide all future tenants with a copy of the Nondiscrimination Policies and Procedures within fifteen (15) days of each tenant's signing a lease. b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each
5

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 6 of 17
acknowledging that he or she has received and read the Decree and the Nondiscrimination Policies and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policies and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policies and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion. c. Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," and/or the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed. V. RECORD KEEPING AND REPORTING REQUIREMENTS 12. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, or within fifteen (15) days of resuming the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin shall preserve all rental applications, leases, rental roll ledgers, eviction notices, occupancy lists,

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 7 of 17
and other similar business records. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. Upon request by the United States, Defendant Franklin shall provide copies of such documents and any other information reasonably related to compliance with this Consent Decree that is requested by the United States.' 13. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin shall, six months after entry of the decree and every six months thereafter, send the United States a list of all tenants at any residential real property in which he has any ownership, equitable, or leasehold interest or management responsibilities. This obligation shall cease upon written notification by the Defendant to the United States that Defendant Franklin no longer owns any residential rental properties, but in the event that Defendant Franklin subsequently purchases rental property in Alabama, the obligations set forth herein will once again be required. 14. Defendant Franklin shall notify the United States in writing, within 15 days of engaging in the residential rental of property in Alabama with respect to which he has or acquires any ownership, equitable, or leasehold interest or management responsibilities. 15. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, or resumes the
1. All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-2-80, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.
7

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 8 of 17
residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin shall notify counsel for the United States, in writing, within 15 days of receipt of any written or oral complaint against him or his agents, contractors, or employees regarding discrimination in housing based on sex and/or sexual harassment. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. If the complaint is written, Defendant Franklin shall provide the United States a copy with the notification. If the complaint is oral, Defendant Franklin shall provide a written summary of the complaint. Defendant Franklin 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.
VI. MANDATORY TRAINING 16. To the extent that Defendant Franklin continues sixty (60) days after the entry of this Decree to engage in the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, or within fifteen (15) days of resuming the residential rental of property in Alabama with respect to which he has any ownership, equitable, or leasehold interest or management responsibilities, Defendant Franklin and all of his agents, contractors, or employees involved in showing, renting, operating, or managing any such property shall, within 180 days from the date of entry of this Decree, or within thirty (30) days of acquiring an ownership, equitable, or leasehold interest in such property, undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of sex. The training shall be conducted by an independent qualified third party, not
8
!

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 9 of 17
connected to the Defendant or defense counsel, and approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant Franklin. Defendant Franklin shall obtain from the trainer certifications of attendance, in a form acceptable to the United States, executed by each individual who received the training confirming their attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course andlor the time in which it was completed.
VII. MONETARY DAMAGES FOR AGGRIEVED PERSONS 17. Within ten (10) days of the date of this Consent Decree, Defendant Franklin, through his insurance carrier, shall pay to the United States NINE THOUSAND AND FIVE HUNDRED DOLLARS ($9,500) into a monetary damages fund for persons whom the United States has identified as aggrieved persons within the meaning of the Fair Housing Act. Payment into this fund shall be made within fifteen (15) days of the date of the entry of this Consent Decree by delivering to counsel for the United States a check made payable to the United States Treasury. Defendant shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 1, above. 18. The monetary damages fund shall be distributed to aggrieved persons in amounts to be determined by the United States and approved by the Court. Within sixty (60) days of the resolution of all of its claims in this case, the United States shall submit a proposed distribution of the monetary damages fund to the Court for approval, and identify the aggrieved persons and the amount of damages that the United States concludes should be paid to each. Defendant Franklin waive the right to challenge the United States' proposed distribution. However, no money from the fund shall be distributed to an aggrieved person unless he/she has executed and delivered to the

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 10 of 17
United States the release attached to this Consent Decree as Appendix C. Should any aggrieved person refuse to execute the release attached as Appendix C, his or her share of the monetary damages fund will be distributed, in the United States' discretion, among the aggrieved persons who executed releases. 19. The monetary damages amounts required to be paid pursuant to paragraph 17, above, are debts for the United States' claims, which Franklin denies, of willful and malicious injury by Defendant Franklin within the meaning of 11 U.S.C. § 523(a)(6). Defendant Franklin shall not seek to discharge any part of its debts under paragraph 17 of this Decree in bankruptcy. 20. Interest shall accrue on any sums that are not paid within the times mandated by paragraph 17,asprovided in 28 U.S.C. § 1961.
VIII. CIVIL PENALTY 21. Within ten (10) days after the date of the entry of this Consent Decree, Defendant Franklin shall cause to be issued by his insurance carrier a check or money order in the amount of FIVE HUNDRED DOLLARS ($500), payable to the United States Treasury in settlement of the United States' claim, which Franklin denies, for a civil penalty to vindicate the public interest pursuant to 42 U.S.C. § 361 4(d)( 1 )(C). Defendant Franklin shall deliver these payments to counsel for the United States, via overnight mail, at the address listed in footnote 1, above. 22. In the event that Defendant Franklin or his agents or employees engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d).
10

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 11 of 17
23. The civil penalty payments referenced in paragraph 21 are debts for a fine, penalty, or forfeiture payable to and for the benefit of the United States within the meaning of 11 U.S.C. § 523(a)(7), and are not compensation for actual pecuniary loss. Defendant Franklin shall not seek to discharge any part of those debts in bankruptcy. 24. Interest shall accrue on any sums that are not paid within the time mandated by paragraph 21, as provided in 28 U.S.C. § 1961.
IX. ENFORCEMENT 25. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by Defendant Franklin, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree, or in the event of any other act violating any provision of this Consent Decree, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of such acts or deeming such acts to have been performed, and an award of any damages, costs, and attorneys' fees which may have been occasioned by the Defendant's non-actions or actions, or the Defendant's violation or failure to perform.
X. COSTS OF LITIGATION 26. All parties shall be responsible for their own attorney's fees and court costs, except as provided in paragraph 25, above.
11

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 12 of 17
XI. DURATION 27. This Consent Decree shall be in effect for a period of five years from the effective date. The United States' Complaint against Defendant Franklin is dismissed with prejudice except that the Court shall retain jurisdiction for the duration of this Consent Decree to enforce its terms. Any time limits for performance imposed by this Consent Decree may be extended by mutual, written agreement of the United States and the party to whom the extension shall apply. The United States may move the Court to extend the duration of the Consent Decree against Defendant Franklin if Defendant Franklin violates one or more provisions of the Decree, or in the interests of justice. The expiration of the Consent Decree shall not extinguish or otherwise affect Defendant Franklin's debt for any unpaid portion of the monetary judgments in paragraphs 17 and 21, including any accrued interest. Nor shall the expiration of the Consent Decree extinguish or otherwise affect the United States' ability to collect such unpaid sums. IT IS SO ORDERED:
This______ day of _______________________, 2011.
MAULLJ UNIT STATES DISTRICT JUDGE
12

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 13 of 17

2 9 Respectfully submitted this

day of __ta hJ , 2011.

For Plaintiff:

LEURA G. CANARY United States Attorney

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

JAMES J. DUB OIS Assistant United States Attorney Bar Number: GA 231445 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560 james.dubois2"usdoj .gov

MICHAEL S. MAURER Deputy Chief AMBER R. STANDRIDGE Bar Number: VA 73444 ROGER T. SEVERINO Bar Number: DC 488685 SEAN R. KEVENEY Bar Number: TX 24933862 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington, DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116 Roger.Severino"usdoj .gov Amber.Stañdridge"usdoj .gov

13

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 14 of 17
For Defendant Woody Franklin, Sr.: Mike Beers', Anderson, Jack on, Patty & Fawal, P.C. 250 Commerce St , Suite 100 Montgomery, AL 36104
14

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 15 of 17
APPENDIX A NONDISCRIMINATION POLICY AND PROCEDURES It is the policy of Woody Franklin, Sr. to comply with Title VIII of the Civil Rights Act of 1968 (commonly known as the Fair Housing Act) by ensuring that housing is available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means, among other things, that Franklin, as well as all his agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of sex or otherwise engage in sexual harassment in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain froma. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a dwelling unit, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling unit that states any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by the Fair Housing Act. Any action taken by an agent or employee that results in unequal service, treatment or behavior to tenants on the basis of sex may constitute a violation of state and federal fair housing laws. Any tenant who believes that any of the above policies has been violated by any owner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, the Central Alabama Fair Housing Center at 334-263-HOME or the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713.
15

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 16 of 17
APPENDIX B Employee/Agent Acknowled gment of Receiving and Reviewing Decree
and Nondiscrimination Policies and Procedures I have received a copy of the Consent Decree entered in United States v. Bahr, et al., Case No. 2:08-CV-00573-MEF-SRW (M.D. Ala.). I have also received a copy of my employer's Nondiscrimination Policies and Procedures. The Consent Decree and the Nondiscrimination Policies and Procedures were explained to me by my employer, and all questions concerning these documents were answered. I have read and understood the Consent Decree and the Nondiscrimination Policies and Procedures.
DATE
EMPLOYEE/AGENT NAME (PRINT)
EMPLOYEE/AGENT SIGNATURE
16

Case 2:08-cv-00573-MEF -SRW Document 400 Filed 07/05/11 Page 17 of 17

APPENDIX C
Release
In consideration for the parties' agreement to the terms of the Consent Decree entered in United States v. Bahr, et al., CASE NO. 2:08-C V-00573-MEF-SRW (M.D. Ala.), I hereby agree, to remise, release, and forever discharge any and all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, up to and including the date of execution of this release, that I may have against Defendant Franidin and his agents, employees, officers, members, heirs, executors, spouses, administrators, successors, insurers, and assigns.
I acknowledge and understand that, by signing this Release, I am waiving any right to pursue my own legal action against Defendant Franklin based on the discrimination alleged by the United States in this case.
I also acknowledge that I have been informed that I may review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained legal advice, I voluntarily and knowingly waive my right to do so.
This Release constitutes the entire agreement between Defendant Franklin and me, without exception or exclusion.
I declare under penalty of perjury that the foregoing is true and correct.

Executedthis ____ day of

,2011.

PRINT NAME

17

 
 Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA, PLAINTIFF,
V. JAMARLO K. GUMBAYTAY, et a!.,
DEFENDANTS.

) ) ) ) ) CASE NO. 2:08-C V-00573-MEF-SRW
) ) ) )

CONSENT DECREE BETWEEN PLAINTIFF UNITED STATES AND DEFENDANTS LORI WILLIAMS AND TODD CHAMELIN The parties hereby consent to the entry of this Consent Decree. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
I. SCOPE OF CONSENT DECREE 1. The provisions of this Consent Decree shall apply to Lori Williams, Todd Chamelin, and their respective employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with either of them. 2. This Consent Decree constitutes a full and final resolution of all claims of violation of the Fair Housing Act that the United States brought or could have brought in this action related to Defendants Williams's ownership and/or management of real property in Montgomery, AL. It constitutes a full and final resolution of all claims of violation of the Fair Housing Act that the United States brought or could have brought in this action related to Defendant Chamelin's ownership andlor management of real property in Montgomery, AL.

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 2 of 18
II. FACTUAL BACKGROUND This action was filed by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. The United States alleges that Defendant Jamarlo K. Gumbaytay, aka Laurence Lamar d/b/a Elite Enterprises Consultant Group (hereinafter "Gumbaytay") engaged in discrimination on the basis of sex in violation of the Fair Housing Act in connection with rental dwelling units he managed on behalf of Defendants Lori Williams, Todd Chamelin and others (hereinafter "the owner Defendants") in and around Montgomery, Alabama. Specifically, the United States alleges that Defendant Gumbaytay, in violation of 42 U.S.C. § 3604 (a), (b), (c) and 3617, subjected female tenants and prospective tenants to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct is alleged to have included, but is not limited to, unwanted verbal sexual advances; unwanted touching; entering the apartments of female tenants without permission or notice; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to sexual advances. 4. The United States further alleges that the owner Defendants, including Defendants Williams and Chamelin, are vicariously liable for the above-described discriminatory conduct because Defendant Gumbaytay engaged in such acts while acting within the scope of his employment andlor agency with the owner Defendants.
5. Defendant Chamelin represents that he currently owns no residential real property outside of his primary residence. 6. Defendant Williams owns the following residential real property: (a) 720 Capri St,
2

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 3 of 18
Montgomery, AL 36105; (b) 413 Burgwyn Rd, Montgomery, AL 36105; (c) 277 Shadyside Lane Montgomery AL 36105; (d) 2719 Forbes Drive Montgomery AL 36110; (e) 4 Kelly Lane, Montgomery AL 36105; and (f) 601 6th Street Montgomery AL 36110. 7. The United States alleges that the Defendants' conduct constituted a pattern or practice of discrimination and/or a denial of rights to a group of persons that raises an issue of general public importance. See 42 U.S.C. § 36 14(a). 8. Defendant Williams denies the allegations made by the United States and further denies that she violated the Fair Housing Act, or is in any way liable under the Fair Housing Act. 9. Defendant Chamelin denies the allegations made by the United States and further denies that he violated the Fair Housing Act, or is in any way liable under the Fair Housing Act. 10. To avoid the risks and burdens of litigation, Defendants Williams and Chamelin have each separately entered into this Consent Decree to resolve voluntarily the claims asserted by the United States. The decision to pay any monies was made solely by the liability carrier of Defendants Williams and Chamelin in order to avoid any future fees, costs, or expenses in connection with the defense of this suit and shall not be construed as an admission of liability.
III. INJUNCTION 11. Defendant Williams, Defendant Chamelin, and their respective agents, employees, successors, and all persons currently in active concert or participation with them are hereby enjoined from:
a. Denying or otherwise making unavailable housing to any person because of sex;
3

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 4 of 18
b. Discriminating against any person in the terms, conditions or privileges of renting a dwelling, or in the provision of services or facilities in connection therewith, because of sex;
c. Making statements with respect to the rental of a dwelling that indicate any preference, limitation or discrimination based on sex; or
d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of any right granted by 42 U.S.C. § 3603 -3606.
IV. NON-DISCRIMINATION POLICIES AND PROCEDURES 12. With respect to any residential rental property in which Defendant Williams has any ownership, equitable, or leasehold interest, Defendant Williams shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, take the following actions:
a. Implement the Nondiscrimination Policies and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination Policies and Procedures. Provide all future tenants with a copy of the Nondiscrimination Policies and Procedures within fifteen (15) days of each tenant's signing a lease.
b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each 4

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 5 of 18
acknowledging that he or she has received and read the Decree and the Nondiscrimination Policies and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policies and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policies and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion. c. Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," andlor the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed. 13. With respect to any residential rental property in which Defendant Chamelin has any ownership, equitable, or leasehold interest, Defendant Chamelin shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in such rental property, take the following actions: a. Implement the Nondiscrimination Policies and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination Policies and Procedures. Provide all future tenants with a copy of the
5

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 6 of 18
Nondiscrimination Policies and Procedures within fifteen (15) days of each tenant's signing a lease. b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each acknowledging that he or she has received and read the Decree and the Nondiscrimination Policies and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policies and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policies and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion. c. Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," andlor the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed.

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 7 of 18
V. RECORD KEEPING AND REPORTING REQUIREMENTS 14. With respect to any residential rental property in which Defendant Williams has any ownership, equitable, or leasehold interest, Defendant Williams shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, preserve all rental applications, leases, rental roll ledgers, eviction notices, occupancy lists, and other similar business records. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. Upon request by the United States, Defendant Williams shall provide copies of such documents and any other information reasonably related to compliance with this Consent Decree that is requested by the United States.' 15. With respect to any residential rental property in which Defendant Chamelin has any ownership, equitable, or leasehold interest, Defendant Chamelin shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, preserve all rental applications, leases, rental roll ledgers, eviction notices, occupancy lists, and other similar business records. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. Upon request by the United States, Defendant Chamelin shall provide copies of such documents and any other information reasonably related to compliance with this Consent Decree that is requested by the United States.
1. All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-2-80, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.
7

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 8 of 18
16. Every six months from the date of the entry of this Decree, and sixty (60) days before the expiration of this Decree, Defendant Williams shall send the United States a list of all tenants at any residential real property in which she has any ownership, equitable, or leasehold interest. This obligation shall cease upon written notification by the Defendant to the United States that Defendant Williams no longer owns any residential rental properties. In the event that Defendant Williams subsequently purchases rental property, the obligations set forth herein will once again be required. 17. Defendant Chamelin shall notify the United States in writing, within 15 days of acquiring any ownership, equitable, or leasehold interest in residential property. 18. Defendant Williams shall notify counsel for the United States, in writing, within 15 days of receipt of any written or oral complaint against her or her agents, contractors, or employees regarding discrimination in housing based on sex and/or sexual harassment. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. If the complaint is written, Defendant Williams shall provide the United States a copy with the notification. If the complaint is oral, Defendant Williams shall provide a written summary of the complaint. Defendant Williams 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. 19. Defendant Chamelin shall notify counsel for the United States, in writing, within 15 days of receipt of any written or oral complaint against him or his agents, contractors, or employees regarding discrimination in housing based on sex and/or sexual harassment. The notification shall include the full details of the complaint, including the complainant's name, address, and

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 9 of 18
telephone number. If the complaint is written, Defendant Chamelin shall provide the United States a copy with the notification. If the complaint is oral, Defendant Chamelin shall provide a written summary of the complaint. Defendant Chamelin 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.
VI. MANDATORY TRAINING 20. With respect to any residential rental property in which Defendant Williams has any ownership, equitable, or leasehold interest, Defendant Williams and all of her agents, contractors, or employees involved in showing, renting, operating, or managing any such property shall, within 180 days from the date of entry of this Decree, or within thirty (30) days of acquiring an ownership, equitable, or leasehold interest in such property, undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of sex. The training shall be conducted by an independent qualified third party, not connected to the Defendant or defense counsel, and approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant Williams. Defendant Williams shall obtain from the trainer certifications of attendance, in a form acceptable to the United States, executed by each individual who received the training confirming their attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or the time in which it was completed. 21. With respect to any residential rental property in which Defendant Chamelin has any ownership, equitable, or leasehold interest, Defendant Chamelin and all of his agents, contractors, or employees involved in showing, renting, operating, or managing any such property shall, within

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 10 of 18
180 days from the date of entry of this Decree, or within thirty (30) days of acquiring an ownership, equitable, or leasehold interest in such property, undergo in-person training on the Fair housing Act, with specific emphasis on discrimination on the basis of sex. The training shall be conducted by an independent qualified third party, not connected to the Defendant or defense counsel, and approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant Chamelin. Defendant Williams shall obtain from the trainer certifications of attendance, in a form acceptable to the United States, executed by each individual who received the training confirming their attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or the time in which it was completed.
VII. MONETARY DAMAGES FOR AGGRIEVED PERSONS 22. Within ten (10) days of the date of this Consent Decree, Defendants Lori Williams and Todd Chamelin shall each pay to the United States SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500) into a monetary damages fund for persons whom the United States has identified as aggrieved persons within the meaning of the Fair Housing Act. Payment into this fund shall be made within fifteen (15) days of the date of the entry of this Consent Decree by delivering to counsel for the United States a certified check or money order made payable to the United States Treasury. Defendants shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 1, above. 23. The monetary damages fund shall be distributed to aggrieved persons in amounts to be determined by the United States and approved by the Court. Within sixty (60) days of the resolution of all of its claims in this case, the United States shall submit a proposed distribution of
10

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 11 of 18
the monetary damages fund to the Court for approval, and identify the aggrieved persons and the amount of damages that the United States concludes should be paid to each. Defendant Chamelin and Defendant Williams each waive the right to challenge the United States' proposed distribution. However, no money from the fund shall be distributed to an aggrieved person unless he/she has executed and delivered to the United States the release attached to this Consent Decree as Appendix C. Should any aggrieved person refuse to execute the release attached as Appendix C, his or her share of the monetary damages fund will be distributed, in the United States' discretion, among the aggrieved persons who executed releases. 24. The monetary damages amounts required to be paid pursuant to paragraph 22, above, are debts for willful and malicious injury by Defendants Lori Williams and Todd Chamelin within the meaning of 11 U.S.C. § 523(a)(6). Neither Defendant Williams nor Chamelin shall seek to discharge any part of their respective debts under paragraph 22 of this Decree in bankruptcy. 25. Interest shall accrue on any sums that are not paid within the times mandated by paragraph 22, as provided in 28 U.S.C. § 1961.
VIII. CIVIL PENALTY 26. Within ten (10) days after the date of the entry of this Consent Decree, Defendant Williams and Defendant Chamelin shall each separately issue a certified check or money order in the amount of ONE THOUSAND DOLLARS ($1,000), payable to the United States Treasury as a civil penalty to vindicate the public interest pursuant to 42 U.S.C. § 3614(d)(1)(C). Defendant Williams and Defendant Chamelin shall each deliver these payments to counsel for the United States, via overnight mail, at the address listed in footnote 1, above.
11

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 12 of 18
27. In the event that Defendant Williams or her agents or employees engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 36 14(d). 28. In the event that Defendant Chamelin or his agents or employees engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 36 14(d). 29. The civil penalty payments referenced in paragraph 26 are debts for a fine, penalty, or forfeiture payable to and for the benefit of the United States within the meaning of ii U.S.C. § 523(a)(7), and are not compensation for actual pecuniary loss. Neither Defendant Williams nor Defendant Chamelin shall seek to discharge any part of those debts in bankruptcy. 30. Interest shall accrue on any sums that are not paid within the time mandated by paragraph 26,asprovidedin28 U.S.C. § 1961.
IX. ENFORCEMENT 31. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by either Defendant Williams or Defendant Chamelin, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree, or in the event of any other act violating any provision of this Consent Decree, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of such acts or deeming such acts to have been performed, and an award of any damages, costs, and attorneys' fees which may have been
12

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 13 of 18

occasioned by the Defendant's non-actions or actions, or the Defendant's violation or failure to perform.
X. COSTS OF LITIGATION 32. All parties shall be responsible for their own attorney's fees and court costs, except as provided in paragraph 31, above.
XI. DURATION 33. This Consent Decree shall be in effect for a period of five years from the effective date. The United States' Complaint against Lori Williams and the United States' Complaint against Todd Chamelin are dismissed with prejudice except that the Court shall retain jurisdiction for the duration of this Consent Decree to enforce its terms. Any time limits for performance imposed by this Consent Decree may be extended by mutual, written agreement of the United States and the party to whom the extension shall apply. The United States may move the Court to extend the duration of the Consent Decree against a Defendant if that Defendant violates one or more provisions of the Decree, or in the interests ofjustice. The expiration of the Consent Decree shall not extinguish or otherwise affect any Defendant's debt for any unpaid portion of the monetary judgments in paragraphs 22 and 26, including any accrued interest. Nor shall the expiration of the Consent Decree extinguish or otherwise affect the United States' ability to collect such unpaid
iIhiT!
IT IS SO ORDERED:

This IZt!L day of /4Ay

,2011.

MARK. FULLER CHIEF NITED 13

ES DISTRICT JUDGE

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 14 of 18

Respectfully submitted this 10th day of May, 2011.

For Plaintiff:
LEURA G. CANARY United States Attorney

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

JAMES J. DUBOIS Assistant United States Attorney Bar Number: GA 231445 131 Clayton Street Montgomeiy, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560 james.dubois2"usdoj .gov

S EVEN H. ROSENBAUM Chief MICHAEL S. MAURER Deputy Chief AMBER R. STANDRIDGE Bar Number: VA 73444 ROGER T. SEVERINO Bar Number: DC 488685 SEAN R. KEVENEY Bar Number: TX 24033862 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington, DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116 Roger. Severino"usdoj .gov Amber.Standridge"usdoj .gov

14

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 15 of 18
For Defendant Lori Wil jams:
Evans Brittain Ball, Ball, Matthews, Novak P.O. Box 2148 Montgomery, Al 36102 Tel: 334-387-7680
For Defendant Todd
Evans Brittfi /' Ball, Ball, Matthews, Novak P.O. Box 2148 Montgomery, Al 36102 Tel: 334-387-7680
15

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 16 of 18
APPENDIX A
NONDISCRIMINATION POLICY AND PROCEDURES
It is the policy of [Defendants Lori Williams and Todd Chamelin or independent management company] to comply with Title VIII of the Civil Rights Act of 1968 (commonly known as the Fair Housing Act) by ensuring that housing is available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means, among other things, that [owner Defendants or independent management company], as well as all their agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of sex or otherwise engage in sexual harassment in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from-
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling unit, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling unit that states any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by the Fair Housing Act.
Any action taken by an agent or employee that results in unequal service, treatment or behavior to tenants on the basis of sex may constitute a violation of state and federal fair housing laws. Any tenant who believes that any of the above policies has been violated by any owner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, the Central Alabama Fair Housing Center at 334-263-HOME or the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713.
16

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 17 of 18
APPENDIX B Employee/Agent Acknowledgment of Receiving and Reviewin g Decree
and Nondiscrimination Policies and Procedures I have received a copy of the Consent Decree entered in United States v. Gumbaytay, et a!., Case No. 2:08-CV-00573-MEF-SRW (M.D. Ala.). I have also received a copy of my employer's Nondiscrimination Policies and Procedures. The Consent Decree and the Nondiscrimination Policies and Procedures were explained to me by my employer, and all questions concerning these documents were answered. I have read and understood the Consent Decree and the Nondiscrimination Policies and Procedures.
DATE
EMPLOYEE/AGENT NAME (PRINT)
EMPLOYEE/AGENT SIGNATURE
17

Case 2:08-cv-00573-MEF -SRW Document 371 Filed 05/12/11 Page 18 of 18

APPENDIX C
Release
In consideration for the parties' agreement to the terms of the Consent Decree entered in United States v. Gumbaytay, et a!., CASE NO. 2:08-CV-00573-MEF-SRW (M.D. Ala.), I hereby agree, to remise, release, and forever discharge any and all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, up to and including the date of execution of this release, that I may have against Defendants Lori Williams and Todd Chamelin and their agents, employees, officers, members, heirs, executors, spouses, administrators, successors, insurers, and assigns.
I acknowledge and understand that, by signing this Release, I am waiving any right to pursue my own legal action against Defendants Lori Williams and Todd Chamelin based on the discrimination alleged by the United States in this case.
I also acknowledge that I have been informed that I may review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained legal advice, I voluntarily and knowingly waive my right to do so.
This Release constitutes the entire agreement between Defendants Lori Williams and Todd Chamelin and me, without exception or exclusion.
I declare under penalty of perjury that the foregoing is true and correct.

Executed this _____ day of

, 2011.

Signature

18

 
 Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA,

PLAINTIFF,

V.

CASE NO. 2:08-C V-00573-MEF-SRW

MATTHEW BAHR, et al.,

DEFENDANTS.

CONSENT DECREE BETWEEN PLAINTIFF UNITED STATES AND DEFENDANT JEWEL MANAHAN
The parties hereby consent to the entry of this Consent Decree. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
I. SCOPE OF CONSENT DECREE 1. The provisions of this Consent Decree shall apply to Jewel Manahan and her employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with her. 2. This Consent Decree constitutes a full and final resolution of all claims of violation of the Fair Housing Act that the United States brought or could have brought in this action related to Defendant Manahan's ownership and/or management of real property in Montgomery, AL.
II. FACTUAL BACKGROUND 3. This action was filed by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. The United States alleges that Defendant Jamarlo K. Gumbaytay, aka Laurence Lamar d/b/a Elite Enterprises Consultant Group (hereinafter

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 2 of 15
"Gumbaytay") engaged in discrimination on the basis of sex in violation of the Fair Housing Act in connection with rental dwelling units he managed on behalf of Defendants Matthew Bahr, Brett Rosenbaum, Lori Williams, Sean McDonough, Woody D. Franklin, Sr., James F. Clark, Barbara Clark, Millennia Properties, LLC, Abraham Campbell, Guest Properties, LLC, Jewel Manahan, Todd Chamelin, Terrill Jorgensen, and Bruce Dunn (hereinafter "the owner Defendants") in and around Montgomery, Alabama. Specifically, the United States alleges that Defendant Gumbaytay, in violation of 42 U.S.C. § 3604 (a), (b), (c) and 3617, subjected female tenants and prospective tenants to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct is alleged to have included, but is not limited to, unwanted verbal sexual advances; unwanted sexual intercourse and sexual touching; entering the apartments of female tenants without permission or notice; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to sexual advances. 4. The United States further alleges that the owner Defendants, including Defendant Manahan, are vicariously liable for the above-described discriminatory conduct because Defendant Gumbaytay engaged in such acts while acting within the scope of his employment and/or agency with the owner Defendants. 5. Defendant Manahan represents that she currently owns no residential real property outside of her primary residence. 6. The United States alleges that the Defendant's conduct constituted a pattern or practice of discrimination and/or a denial of rights to a group of persons that raises an issue of general public importance. See 42 U.S.C. § 36 14(a).

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 3 of 15
7. To avoid the risks and burdens of litigation, Defendant Manahan has entered into this Decree to resolve voluntarily the claims asserted by the United States.
III. INJUNCTION 8. Defendant Manahan and her agents, employees, successors, and all persons currently in active concert or participation with her are hereby enjoined from:
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling that indicate any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of any right granted by 42 U.S.C. § 3603 -3606.
IV. NON-DISCRIMINATION POLICY AND PROCEDURES 9. With respect to any residential rental property in which Defendant Manahan has any ownership, equitable, or leasehold interest, Defendant Manahan shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, take the following actions:
a. Implement the Nondiscrimination Policy and Procedures attached as Appendix A to this Decree. Provide all current tenants with copies of the Nondiscrimination

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 4 of 15
Policy and Procedures. Provide all future tenants with a copy of the Nondiscrimination Policy and Procedures within fifteen (15) days of each tenant's signing a lease. b. Provide a copy of this Decree and Appendix A to all current and future agents, contractors, or employees involved in showing, renting, operating, or managing any residential real property, and secure a signed statement from each acknowledging that he or she has received and read the Decree and the Nondiscrimination Policy and Procedures, has had the opportunity to have questions answered about the Decree and Nondiscrimination Policy and Procedures, and agrees to abide by the relevant provisions of the Decree and Nondiscrimination Policy and Procedures. This statement shall be in the form set forth in Appendix B. This statement shall be obtained from future agents, contractors, or employees within 15 days of their hiring or promotion. c. Include in any and all advertising conducted for any residential real property—whether in newspapers, telephone directories, radio, television or other media, billboards, signs (including at the entrance to the property), pamphlets, brochures or other promotional literature—either a fair housing logo, the words "equal housing opportunity provider," andlor the following sentences: We are an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status or disability. The words or logo should be legible and prominently placed.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 5 of 15
V. RECORD KEEPING AND REPORTING REQUIREMENTS 10. With respect to any residential rental property in which Defendant Manahan has any ownership, equitable, or leasehold interest, Defendant Manahan shall, within fifteen (15) days of the entry of this Decree, or within fifteen (15) days of acquiring any ownership, equitable, or leasehold interest in residential rental property, preserve all rental applications, leases, rental roll ledgers, eviction notices, occupancy lists, and other similar business records. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times. Upon request by the United States, Defendant Manahan shall provide copies of such documents and any other information reasonably related to compliance with this Consent Decree that is requested by the United States.' 11. Every six months from the date of the entry of this Decree, and sixty (60) days before the expiration of this Decree, Defendant Manahan shall send the United States a list of all tenants at any residential real property in which she has any ownership, equitable, or leasehold interest. 12. Defendant Manahan shall notify counsel for the United States, in writing, within 15 days of receipt of any written or oral complaint against her or her agents, contractors, or employees regarding discrimination in housing based on sex andlor sexual harassment. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. If the complaint is written, Defendant Manahan shall provide the United States a copy with the notification. If the complaint is oral, Defendant Manahan shall provide a written summary of the complaint. Defendant Manahan shall also promptly provide the United
1. All documents or other communications required by this Consent Decree to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ 175-2-80, or as otherwise directed by the United States. Facsimile transmissions shall be sent to (202) 514-1116.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 6 of 15
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.
VI. MANDATORY TRAINING 13. With respect to any residential rental property in which Defendant Manahan has any ownership, equitable, or leasehold interest, Defendant Manahan and all of her agents, contractors, or employees involved in showing, renting, operating, or managing any such property shall, within 180 days from the date of entry of this Decree, or within thirty (30) days of acquiring an ownership, equitable, or leasehold interest in such property, undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of sex. The training shall be conducted by an independent qualified third party, not connected to the Defendant or defense counsel, and approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant Manahan. Defendant Manahan shall obtain from the trainer certifications of attendance, in a form acceptable to the United States, executed by each individual who received the training confirming their attendance. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or the time in which it was completed.
VII. MONETARY DAMAGES FOR AGGRIEVED PERSONS 14. Defendant Manahan shall pay to the United States one thousand eight hundred dollars ($1,800) into a monetary damages fund for persons whom the United States has identified as aggrieved persons within the meaning of the Fair Housing Act. Payment into this fund shall be made by delivering to counsel for the United States certified checks or money orders made payable
- -

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 7 of 15
to the United States Treasury in the amounts and according to the schedule below as calculated from entry of the Consent Decree:
Forty-five (45) days from entry - Two hundred dollars ($200.00) One hundred thirty-five (135) days from entry - Six hundred dollars ($600.00) Two hundred twenty-five (225) days from entry - Six hundred dollars ($600.00) Three hundred fifteen (315) days from entry - Four hundred dollars ($400.00) Defendant shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 1, above. 15. The monetary damages fund shall be distributed to aggrieved persons in amounts to be determined by the United States and approved by the Court. Within sixty (60) days of the resolution of all of its claims in this case, the United States shall submit a proposed distribution of the monetary damages fund to the Court for approval, and identify the aggrieved persons and the amount of damages that the United States concludes should be paid to each. Defendant Manahan waives the right to challenge the United States' proposed distribution. However, no money from the fund shall be distributed to an aggrieved person unless he/she has executed and delivered to the United States the release attached to this Consent Decree as Appendix C. Should any aggrieved person refuse to execute the release attached as Appendix C, his or her share of the monetary damages fund will be distributed, in the United States' discretion, among the aggrieved persons who executed releases. 16. The monetary damages amount required to be paid pursuant to paragraph 14, above, is a debt for willful and malicious injury by Defendant Manahan within the meaning of 11 U.S.C. § 523(a)(6). Defendant Manahan shall not seek to discharge any part of that debt in bankruptcy.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 8 of 15
17. Interest shall accrue on any amount not paid within the time mandated by paragraph 14, as provided in 28 U.S.C. § 1961.
VIII. CIVIL PENALTY 18. Within three hundred fifteen (315) days after the date of the entry of this Consent Decree, Defendant Manahan shall issue a certified check or money order in the amount of two hundred ($200), payable to the United States Treasury as a civil penalty to vindicate the public interest pursuant to 42 U.S.C. § 3614(d)(1)(C).2 Defendant Manahan shall deliver this payment to counsel for the United States, via overnight mail, at the address listed in footnote 1, above. 19. In the event that Defendant Manahan or her agents or employees engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d). 20. The civil penalty payment referenced in paragraph 18 is a debt for a fine, penalty, or forfeiture payable to and for the benefit of the United States within the meaning of 11 U.S.C. § 523(a)(7), and is not compensation for actual pecuniary loss. Defendant Manahan shall not seek to discharge any part of that debt in bankruptcy. 21. Interest shall accrue on any sum that is not paid within the time mandated by paragraph 18, as provided in 28 U.S.C. § 1961.
IX. ENFORCEMENT 22. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that
2. Defendant's payment of the civil penalty pursuant to paragraph 18 shall be made by a check that is separate from the check for payment of damages pursuant to paragraph 14.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 9 of 15
there has been a failure by Defendant Manahan, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree, or in the event of any other act violating any provision of this Consent Decree, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of such acts or deeming such acts to have been performed, and an award of any damages, costs, and attorneys' fees which may have been occasioned by the Defendant's non-actions or actions, or the Defendant's violation or failure to perform.
X. COSTS OF LITIGATION 23. All parties shall be responsible for their own attorney's fees and court costs, except as provided in paragraph 22, above.
XI. DURATION 24. This Consent Decree shall be in effect for a period of five years from the effective date. The United States' Complaint against Defendant Manahan is dismissed with prejudice except that the Court shall retain jurisdiction for the duration of this Consent Decree to enforce its terms. Any time limits for performance imposed by this Consent Decree may be extended by mutual, written agreement of the United States and the party to whom the extension shall apply. The United States may move the Court to extend the duration of the Consent Decree against Defendant if Defendant violates one or more provisions of the Decree, or in the interests ofjustice. The expiration of the Consent Decree shall not extinguish or otherwise affect Defendant's debt for any unpaid portion of the monetary judgments in paragraphs 14 and 18, including any accrued interest. Nor shall the expiration of the Consent Decree extinguish or otherwise affect the United States' ability to collect such unpaid sums.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 10 of 15
IT IS SO ORDERED: This Zø dayof ____________________,2011.
MARK 1. FULLERJ UNITEITiJSTATES DISTRICT JUDGE

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 11 of 15

Respectfully submitted this _______ day of
For Plaintiff: LEURA G. CANARY United States Attorney

. 2011.
THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

JAMES J. DUBOIS Assistant United States Attorney Bar Number: GA 231445 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560 james.dubois2"usdoj .gov

MICHAEL S. MAURER Deputy Chief AMBER R. STANDRIDGE Bar Number: VA 73444 ROGERT. SEVERINO Bar Number: DC 488685 SEAN R. KEVENEY Bar Number: TX 24033862 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- 0 St. Washington, DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116 Roger.Severino"usdoj .gov Amber. Standridge"usdoj .gov

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 12 of 15
/ Jewel anaha

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 13 of 15
APPENDIX A
NONDISCRIMINATION POLICY AND PROCEDURES
It is the policy of Defendant Jewell Manahan to comply with Title VIII of the Civil Rights Act of 1968 (commonly known as the Fair Housing Act) by ensuring that housing is available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means, among other things, that Jewell Manahan, as well as all her agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate on the basis of sex or otherwise engage in sexual harassment in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from—
a. Denying or otherwise making unavailable housing to any person because of sex; b. Discriminating against any person in the terms, conditions or privileges of renting a
dwelling unit, or in the provision of services or facilities in connection therewith, because of sex; c. Making statements with respect to the rental of a dwelling unit that states any preference, limitation or discrimination based on sex; or d. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of her having exercised or enjoyed, or on account of her having aided and encouraged any other person in the exercise or enjoyment of, any right granted by the Fair Housing Act.
Any action taken by an agent or employee that results in unequal service, treatment or behavior to tenants on the basis of sex may constitute a violation of state and federal fair housing laws. Any tenant who believes that any of the above policies has been violated by any owner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, the Central Alabama Fair Housing Center at 334-263-HOME or the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713.

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 14 of 15
APPENDIX B Employee/Agent Acknowledgment of Receivin g and Reviewing Decree
and Nondiscrimination Policy and Procedures
I have received a copy of the Consent Decree entered in United States v. Bahr, et a!., Case No. 2:08-CV-00573-MEF-SRW (M.D. Ala.). I have also received a copy of my employer's Nondiscrimination Policy and Procedures. The Consent Decree and the Nondiscrimination Policy and Procedures were explained to me by my employer, and all questions concerning these documents were answered. I have read and understood the Consent Decree and the Nondiscrimination Policy and Procedures.
DATE
EMPLOYEE/AGENT NAME (PRiNT)
EMPLOYEE/AGENT SIGNATURE

Case 2:08-cv-00573-MEF -SRW Document 410 Filed 07/20/11 Page 15 of 15 /

APPENDIX C
Release
In consideration for the parties' agreement to the terms of the Consent Decree entered in Un ited States v. Bahr, eta!., CASE NO. 2:08-C V-00573-MEF-SRW (M.D. Ala.), I hereby agree, to remise, release, and forever discharge any and all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, up to and including the date of execution of this release, that I may have against Defendant Jewel Manahan and her agents, employees, officers, members, heirs, executors, spouses, administrators, successors, insurers, and assigns.
I acknowledge and understand that, by signing this Release, I am waiving any right to pursue my own legal action against Defendant Jewel Manahan based on the discrimination alleged by the United States in this case.
I also acknowledge that I have been informed that I may review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained legal advice, I voluntarily and knowingly waive my right to do so.
This Release constitutes the entire agreement between Defendant Jewel Manahan and me, without exception or exclusion.
I declare under penalty of perjury that the foregoing is true and correct.

Executed this _____ day of

-, 2011.

PRINT NAME

•1

 
 Case 2:08-cv-00573-MEF-SRW Document 378 Filed 05/24/11 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. JAMARLO GUMBAYTAY, et al.,
Defendants.

)

)

)

)

)

CASE NO. 2:08-cv-573

)

) (WO- DO NOT PUBLISH)

)

)

ORDER

On February 21, 2011 the defendants in this case filed a Suggestion of Death,

notifying the Court that the defendant Jamarlo Gumbaytay was deceased. (Doc. # 264).

Federal Rule of Civil Procedure 25(a) provides that “a motion for substitution may be

made by any party or by the decedent’s successor or representative. If the motion is not

made within 90 days after service of a statement noting the death, the action by or against

the decedent must be dismissed.”

No substitution of parties was made in this case, and the 90 day period for seeking

substitution has passed. Accordingly, it is hereby ORDERED that all claims brought

against Jamarlo Gumbaytay in above referenced case are DISMISSED. The Clerk of the

Court is DIRECTED to dismiss him as a party to this lawsuit.
th
Done this the 24 day of May, 2011.

/s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

 
 Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. JAMARLO K. GUMBAYTAY, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:08-cv-573-MEF ) ) (WO) ) )

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

On July 17, 2008, the United States of America (“Plaintiff”) brought suit (Doc. #1)

against eleven defendants pursuant to Title VIII of the Civil Rights Act of 1968, as amended,

42 U.S.C. §§ 3601-3619 (“Fair Housing Act”). Plaintiff filed an Amended Complaint (Doc.

#45) on January 7, 2009, with additional claims pursuant to the Fair Housing Act against the

ten remaining of the original defendants and three additional defendants. Plaintiff alleges

that defendant Jamarlo Gumbaytay (“Gumbaytay”) engaged in a pattern of unlawful

discrimination on the basis of sex in connection with the rental of the other defendants’

properties. On June 26, 2009, Plaintiff moved for entry of default as to seven defendants,

including Gumbaytay (Doc. #75). This Court denied that motion, but, in so doing, required

Gumbaytay to file an answer to Plaintiff’s Amended Complaint by no later than October 19,

2009 (Doc. #97). Gumbaytay timely responded with what the Court construed as a Motion

to Dismiss or, in the alternative, a Motion for Summary Judgment (see Doc. #101). Upon

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 2 of 8
consideration of these motions and Plaintiff’s response in opposition, both motions are due to be DENIED.
II. JURISDICTION AND VENUE Jurisdiction over Plaintiff’s claims is proper under 28 U.S.C. §§ 1331 and 1345. The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both personal jurisdiction and venue.
III. LEGAL STANDARD A Rule 12(b)(6) motion tests the legal sufficiency of the complaint. Therefore, for the purposes of adjudging a Rule 12(b)(6) motion to dismiss, the court will accept as true all well-pleaded factual allegations and view them in the light most favorable to the plaintiff. See Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008); Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057 (11th Cir. 2007). While Federal Rule of Civil Procedure 8(a)(2) requires only that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” as a general matter, to survive a motion to dismiss for failure to state a claim, the plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 570 (2007). Plaintiff’s “[f]actual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true.” Id. at 555 (internal citations omitted). It is not sufficient that the pleadings merely leave “open the possibility that a plaintiff might later establish some set of undisclosed facts to support
2

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 3 of 8
recovery.” Id. at 561 (internal quotation and alteration omitted). Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is
appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The party asking for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Id. at 323. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23.
Once the moving party has met its burden, Rule 56(e) “requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’” Id. at 324. To avoid summary judgment, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). On the other hand, a court ruling on a motion for summary judgment must believe the evidence of
3

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 4 of 8
the non-movant and must draw all justifiable inferences from the evidence in the non-moving party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c).
IV. FACTUAL AND PROCEDURAL BACKGROUND A. Facts
The factual allegations and evidentiary submissions, viewed in the light most favorable to the non-movant, show the following:
Gumbaytay managed several residential rental properties in the Montgomery, Alabama area. From at least 2005 through the filing of the suit, Gumbaytay subjected actual and prospective female tenants of those properties to conduct that included unwanted verbal sexual advances, unwanted sexual touching, unwanted sexual language, grants and denials of tangible housing benefits based on sex, and adverse action when they refused or objected to his sexual advances. As examples, Gumbaytay would regularly comment to female tenants or prospective tenants about their physical attractiveness, repeatedly ask them out on dates even when they had previously declined, and would send false notices of rent owed to those who spurned his advances. B. Procedural History
On July 17, 2008, Plaintiff brought suit against eleven defendants pursuant to the Fair
4

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 5 of 8
Housing Act. The original eleven defendants included Gumbaytay. On August 15 and 28, 2008, Gumbaytay filed separate motions to dismiss this complaint, on the grounds that he had filed for bankruptcy (Docs. #8 & 12). The Court denied both of those motions (Doc. #55). The Court noted that any automatic stay required by Gumbaytay’s bankruptcy expired when the bankruptcy court dismissed his petition on July 25, 2008. Id. Additionally, the stay would not apply to conduct that occurs after the bankruptcy filing, such as that conduct alleged in Plaintiff’s Complaint. Id.
Plaintiff filed an Amended Complaint (Doc. #45) on January 7, 2009, with additional claims pursuant to the Fair Housing Act against the remaining original defendants and three additional defendants. On June 26, 2009, Plaintiff moved for entry of default judgment as to seven defendants, including Gumbaytay, for failure to file an answer to its Amended Complaint (Doc. #75). All defendants had at least filed an answer to either the original complaint or the amended complaint (see Doc. #97). Therefore, because the Eleventh Circuit disfavors defaults, the Court denied Plaintiff’s motion for entry of default judgment. Id. However, the Court did direct Gumbaytay to file an answer to Plaintiff’s Amended Complaint no later than October 19, 2009. Id.
On that date, Gumbaytay submitted a filing initially titled “Memorandum Opinion and Order” and wholly copying three full paragraphs—without citation—from the Court’s order denying Plaintiff’s motion for entry of default judgment (Doc. #99). However, he did add an additional section entitled “Motion to Dismiss for Lack of Evidence.” Id. The Court
5

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 6 of 8
construed this filing as a Motion to Dismiss or, in the alternative, a Motion for Summary Judgment (Doc. #101).
V. DISCUSSION A. Motion to Dismiss
In its Amended Complaint, Plaintiff alleges that Gumbaytay violated the Fair Housing Act (Doc. #45). Plaintiff adds that from at least 2005 through the filing of the lawsuit, Gumbaytay subjected actual and prospective female tenants of his managed properties to discrimination on the basis of sex. Id. Plaintiff goes on to list specifics, including “unwanted verbal sexual advances, unwanted sexual touching, unwanted sexual language, granting and denying tangible housing benefits based on sex, and taking adverse action against female tenants when they refused or objected to his sexual advances.” Id. These factual allegations, taken as true, “raise a right to relief above the speculative level.” Therefore, Gumbaytay’s Motion to Dismiss is due to be DENIED. B. Motion for Summary Judgment
As stated above, the party moving for summary judgment bears the initial burden of identifying to the Court the portions of the pleadings and evidence on file that demonstrate the absence of a genuine issue of material fact. In his motion, Gumbaytay points out Texas state case law and irrelevant instances of false rape allegations that occurred outside of this Court’s jurisdiction. Gumbaytay only refers to the pending suit in one-half of one paragraph, as follows:
6

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 7 of 8
The females in the complaint all have the same socio-economic issues [as the women Gumbaytay cites as falsely alleging rape], unemployed or under employed [sic]. I never rented any units to the tenants in question except for two or three and all of them were evicted for non-payment of rent. The ladies are seeking to get paid for the lies, deceit and defamation of my character. Gumbaytay submits no evidentiary materials to support these allegations, nor does he cite to any other evidence or the contents of any other pleading in this pending suit. Therefore, Gumbaytay clearly fails to meet his initial burden, and his motion for summary judgment is due to be DENIED. However, even had he satisfied that initial burden his motion would be denied. Plaintiff asserts in its Amended Complaint that Gumbaytay’s conduct constitutes violations of several provisions in § 3604 and a provision of § 3617 of the Fair Housing Act. Section 3604 prohibits, inter alia, various forms of sex discrimination in the rental of housing. Section 3617 prohibits coercion, intimidation, threats, or interference with the rights protected under § 3604. Factually, Plaintiffs plead that Gumbaytay engaged in various types of discrimination against female tenants and prospective tenants, including unwanted verbal sexual advances, unwanted sexual touching, unwanted sexual language, grants and denials of tangible housing benefits based on sex, and adverse actions taken when those female tenants and prospective tenants refused or objected to his sexual advances. Plaintiffs also submitted affidavits from several women who have lived in properties managed by Gumbaytay, all describing various forms of discrimination based on sex. Therefore, Plaintiff has submitted evidentiary material
7

Case 2:08-cv-00573-MEF-SRW Document 108 Filed 11/23/09 Page 8 of 8 beyond the pleadings which designates specific facts showing that there is a genuine issue for trial. As a result, even if Gumbaytay had satisfied his initial burden, his motion for summary judgment would still be due to be DENIED.
VI. CONCLUSION For the foregoing reasons, it is hereby ORDERED that (1) Gumbaytay’s Motion to Dismiss (Doc. #99) is DENIED; and (2) Gumbaytay’s Motion for Summary Judgment (Doc. #99) is DENIED. DONE this the 23rd day of November, 2009.
/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE
8

 
 Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA, PLAINTIFF,
v. MATTHEW BAHR, et al.,
DEFENDANTS.

) ) ) ) ) CASE NO. 2:08-CV-00573-MEF-SRW ) ) ) ) )

UNITED STATES’ RESPONSE TO DEFENDANT MATTHEW BAHR’S MOTION TO ALTER, AMEND OR VACATE FINAL JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF FROM FINAL JUDGMENT

Defendant Bahr makes three requests: (1) that the Court revise its damages downward due to alleged statute of limitations concerns (Bahr Motion at 9-10); (2) that the Court declare its ―Final Judgment [] void‖ due to an alleged lack of subject matter jurisdiction (id. at 12), and; (3) that the Court vacate its order of damages and civil penalties against him due to an alleged lack of evidence (id. at 6-9). For the reasons stated below, the Court‘s original judgment should stand and Bahr‘s requests should be denied. Alternatively, if the Court chooses to grant Defendant‘s motion, the Court should affirm its award of injunctive and monetary relief based on the additional evidence offered below.
ARGUMENT As a threshold matter, Bahr cites Fed. R. Civ. P. 59(e), 60(b)(4) and 60(b)(6) as the bases for his motion but cites no case law suggesting that Rule 59(e) is the appropriate vehicle for vacating either a default judgment or a default damages award and, the United States has not

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 2 of 20
found any reported cases in the 11th Circuit. Since Bahr‘s requests for vacatur are effectively requests for relief from the default judgment, they should be construed as arising only under Rule 60(b). See Vesligaj v. Peterson, 331 F. App‘x. 351, 354 (6th Cir. 2009) (treating a Rule 59(e) motion contesting both a default judgment and default damages award as ―seeking relief under Rule 60(b).‖); Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 188 (1st Cir. 2004) (―It is by no means clear that a Rule 59(e) motion is even a valid mechanism for altering or amending a default judgment.‖). If Rule 59(e) is available at all, it should only apply to Bahr‘s request that the Court revise its damages award based on the statute of limitations. Cf. Day v. Liberty Nat. Life Ins. Co., 122 F.3d 1012 (11th Cir. 1997) (discussing Rule 59(e) and statute of limitations defense).
A. The Court’s Damages Award Should Stand Because Bahr has Failed to Present a Valid Statute of Limitations Defense. Bahr claims that ―all damages based on events that occurred before July 28, 2006 are
barred by the statute of limitations‖ under 42 U.S.C. § 3613 and are due to be reduced, ostensibly under Rule 59(e). Bahr Motion at 10. In this Circuit, ―[t]he only grounds for granting [a Rule 59] motion are newly-discovered evidence or manifest errors of law or fact.‖ Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (per curiam) (alteration in original) (quotation omitted). Although litigants ―cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment‖ Bahr is raising his statute of limitations argument for the first time now. Michael Linet, Inc. v. Village of Wellington, 408 F.3d 757, 762 (11th Cir. 2005). But according to Fed. R. Civ. P. 8(c)(1), a defendant ―must affirmatively state any . . . affirmative defense, including. . . . statute of limitations.‖ Since Bahr did not so plead, he has waived this defense. See Day v. Liberty Nat.
- 2 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 3 of 20
Life Ins. Co., 122 F.3d 1012 (11th Cir. 1997) (―This court has held in a number of discrimination actions that failure to plead the bar of the statute of limitations constitutes a waiver of the defense‖) (citing cases). This holding applies with particular force when the argument is raised for the first time after final judgment. Id. at 1015.
While it is true, as Bahr notes, that aggrieved persons are ordinarily granted two years to commence their own actions under § 3613, Bahr Motion at 9-10, that fact is irrelevant because this suit arose under 42 U.S.C. § 3614. See Dkt. 1 – Complaint at ¶ 2; U.S. v. Tanski, No. 1:04CV-714, 2007 WL 1017020 * 9 (N.D.N.Y. Mar. 30, 2007) (―section 3613(a)(1)(A) [] governs only lawsuits commenced by aggrieved persons. It does not govern a section 3614(a) claim, . . . [which] allow[s] the Attorney General to recover compensatory damages on behalf of a victim . . , even where the victim is time-barred from recovering compensatory damages.‖); Garcia v. Brockway, 526 F.3d 456, 477 n.11 (9th Cir. 2008) (en banc) (―[N]o matter how the FHA‘s statute of limitations for private suits is interpreted, [defendants] may still in some instances be subject to suits brought by the Department of Justice under its ‗pattern or practice‘ authority.‖) (citing 42 U.S.C. § 3614(a)).
The limitation period for claims for monetary damages brought by the United States pursuant to 42 U.S.C. § 3614(a)—the period that applies here—is three years from the date on which the cause of action accrues, in this case, when the Attorney General has knowledge of a violation of the Act. See 28 U.S.C. § 2415(b). Because the United States filed its suit in July of 2008, and because the harms suffered by the aggrieved person all occurred well after July 2005, there can be no legitimate question that the United States may seek damages for those individuals here.
- 3 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 4 of 20
A section 3614(a) pattern-or-practice claim is not an agglomeration of smaller claims in the way that a class action or a multi-plaintiff case is. Instead, it is a single claim, with one plaintiff, alleging a range of incidents over a period of time. See United States v. Veal, 365 F. Supp. 2d 1034, 1040 n.3 (―[T]here is only one plaintiff in this case—the United States of America. It is therefore appropriate to view the punitive and compensatory damages collectively.‖). To establish liability in a pattern or practice case the Government must show that the defendant engaged in a regular policy or practice of unlawful discrimination, i.e., ―that such a policy existed,‖ not that each victim ―for whom it will ultimately seek relief was a victim of the . . . discriminatory policy.‖ United States v. Indigo Invs., LLC, No. 1:09CV376, 2010 WL 4718897, at *3 (S.D. Miss. Nov. 15, 2010) (quoting Teamsters, 431 U.S. at 360; FHA case rejecting argument that at liability stage government had to prove a prima facie case of discrimination as to each individual aggrieved person). Once liability is established – i.e., that there was a pattern or practice – the determination is made of the appropriate damages or other relief for each aggrieved party.
As such, this Court‘s consideration of harms suffered by the victims of Gumbaytay‘s harassment before July of 2006 constituted no error of law or fact so long as the United States alleged a pattern or practice of discrimination before that date, which it did, both in its complaint and through the testimony of the victims at the evidentiary hearing. Dkt. 1. ¶¶ 16-17 (―From at least 2005 through the present, Defendant Gumbaytay has been subjecting actual and prospective female tenants of the subject properties to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. . . . The owner Defendants [] are liable for the discriminatory conduct of their agent and manager, Defendant Gumbaytay‖); id. ¶ 19 (―The
- 4 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 5 of 20
Defendants‘ conduct [] constitutes: [] A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act.‖).
B. The Court’s Judgment Should Stand Because the United States has Satisfied all Requirements for Subject Matter Jurisdiction. i. The United States has established “pattern or practice” jurisdiction. Bahr seeks relief from the judgment under Rule 60(b)(4) because the United States
allegedly ―did not establish a pattern or practice of discrimination at Bahr‘s properties‖ as a predicate for the Court‘s subject matter jurisdiction. Bahr Motion at 12. Rule 60(b)(4) provides that a court may relieve a party from a final judgment or order only where ―the judgment is void‖ as a matter of law. See American Bankers Ins. Co. v. Northwestern Nat’l Ins. Co., 198 F.3d 1332, 1338 (11th Cir.1999) ―[u]nlike motions pursuant to other subsections of Rule 60(b), Rule 60(b)(4) motions leave no margin for consideration of the district court‘s discretion as the judgments themselves are by definition either legal nullities or not.‖). As a threshold matter, Bahr misstates the relevant legal test. As this Court has recognized, the precise question is whether the United States has ―reasonable cause to believe that [] there is an ‗individual‘ or ‗group‘ pattern or practice violative of the Fair Housing Act.‖ Dkt. 197 at 7 (Summary Judgment Order of 9/1/10) (emphasis added). Not only does the United States‘ complaint meet this test, but also this Court found ―reasonable cause to believe [that] group action exists‖ and that the United States ―easily satisfied its burden of producing evidence . . . about whether the group of defendants ‗engaged in a pattern or practice of [discrimination].‘‖ Id. at 10. Thus, the legal question of jurisdiction has already been considered and resolved by the Court and cannot be revisited by Bahr, especially not after default. Gonzalez v. Secretary for Dept. of Corrections, 366 F.3d 1253, 1295 (11th Cir. 2004) (―Like a motion to reconsider, a motion under Rule 60(b)
- 5 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 6 of 20
is not a second opportunity for the losing party to make its strongest case, to rehash arguments, or to dress up arguments that previously failed.‖) (quoting Kustom Signals, Inc. v. Applied Concepts, Inc., 247 F. Supp. 2d 1233, 1235 (D. Kan. 2003)).
Bahr relies on language in the Court‘s order leaving the ultimate determination of whether the actions of the owner-defendants in fact constituted a group pattern or practice of discrimination for trial. Bahr Motion at 12. But by the Court‘s own terms, this was a factual question, which cannot be examined by a Rule 60(b)(4) motion. But even if the question of pattern-or-practice jurisdiction were deemed to be a mixed one of law and fact, the allegations in the complaint alone are sufficient to support the Attorney General‘s reasonable-cause determination regarding discriminatory group action by owner-defendants through a common property manager and agent in the person of Gumbaytay. Nishimatsu Const. Co. v. Houston Nat. Bank, 515 F.2d 1200, 1206 (5th Cir.1975) (―defendant, by his default, admits the plaintiff‘s wellpleaded allegations of fact‖).
The relevant facts in the complaint include:  That Gumbaytay managed at least seventeen properties identified by address, including two owned by Bahr, and that these properties, in conjunction with others not enumerated by street address, comprised the ―subject properties‖ of the complaint. Dkt. 168 ¶ 5 (Third amended complaint).  That eighteen owner-defendants, including Bahr, ―employed Defendant Gumbaytay as [their] agent‖ to manage the subject properties. Id. ¶¶ 6-20.  That ―f[]rom at least 2005 through the present, Defendant Gumbaytay has been subjecting actual and prospective female tenants of the subject properties to
- 6 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 7 of 20
discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has included, but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; unwanted sexual language; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to his sexual advances.‖ Id. ¶ 23.  That all the owner-defendants, including Bahr, ―knew or should have known of the discriminatory conduct of Defendant Gumbaytay, yet failed to take reasonable preventive or corrective measures.‖ Id. ¶ 24.  That all the owner-defendants, including Bahr, ―may own or have owned other dwellings, for which they employed Gumbaytay as their manager and agent, where [discriminatory] conduct similar to that described [above] may have occurred.‖ Id. ¶ 29. Even if Bahr‘s central allegation—that the victims who testified at the default hearing cannot be linked to any property owned by Bahr—were true (and, as shown below, it is not), it is irrelevant to the question of subject matter jurisdiction. The question of whether particular victims should or should not have been awarded damages after an evidentiary hearing is separate from the question of whether the United States has the authority to bring this action. Because the allegations in the complaint, as shown above, adequately support the Attorney General‘s reasonable-cause determination, subject matter jurisdiction is nowhere lacking.
- 7 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 8 of 20
ii. The United States has established “denial of rights to a group” jurisdiction. The Court has noted that subject matter jurisdiction is also established where there is reasonable cause to believe that ―a group of persons has been denied rights granted by the Act and that denial raises an issue of general public importance.‖ Dkt. 197 at 10 (citing 42 U.S.C. 3614(a)). Since this alternative basis has not been challenged by Bahr and is supported by the complaint, the Court may find jurisdiction on these grounds as well. The Fair Housing Act permits the Attorney General to sue when there is a denial of rights to a group of persons protected by the FHA raising a matter of general public importance. See 42 U.S.C. § 3614(a); United States v. City of Parma, 661 F.2d 562, 565 at n.2 (6th Cir. 1981). Whether a fair housing case raises an issue of general public importance within the meaning of section 814(a) is left to the discretion of the Attorney General. See e.g., U.S. v. Bob Lawrence, 474 F.2d 115, 124-25 & n.14 (5th Cir. 1973); United States v. Northside Realty Associates, Inc., 474 F.2d 1164, 1168 (5th Cir. 1973). As the Fifth Circuit stated in Bob Lawrence: Just as the Attorney General has discretion when to exercise the prosecutorial function in criminal cases, so too the Attorney General must have wide discretion to determine when an issue of public importance justifying his intervention under [this section] is raised. . . . Once the Attorney General alleged that he had reasonable cause to believe that violation of § 3604(e) denied rights to a group of persons and that this denial raised an issue of general public importance, he had standing to commence an action in District Court . . . . Bob Lawrence, 474 F.2d at 125 n.14 (citations omitted). Moreover, the United States‘ enforcement authority under this provision may be based on ―a single (unintentional) violation of the Act when by that violation a group of persons are denied their statutory rights.‖ See United States v. Hunter, 459 F.2d 205, 217-18 (4th Cir. 1972). Here, the complaint alleged that Gumbaytay‘s actions as the owner-defendants‘ agent denied numerous ―female tenants‖ rights protected by the FHA. Dkt 168 ¶¶ 23, 27. These victims
- 8 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 9 of 20
constitute an identifiable ―group of persons,‖ whose denial of rights has been deemed by the Attorney General to raise an issue of general public importance. Jurisdiction has, therefore, been established under 42 U.S.C. 3614(a).
C. The Court’s Judgment Should Stand Because it is Supported by Sufficient Evidence Admitted at the Court’s Evidentiary the Hearing. Although the United States‘ complaint established that Bahr is vicariously liable for
violations of the Fair Housing Act stemming from the actions of his agent, Gumbaytay, Bahr requests that the Court vacate its damages award due to an alleged lack of supporting evidence, ostensibly on the basis of Fed. R. Civ. P. 60(b)(6).1 Bahr Motion at 1. According to the Eleventh Circuit, ―relief under this clause is an extraordinary remedy which may be invoked only upon a showing of exceptional circumstances.‖ Cavaliere v. Allstate Ins. Co., 996 F.2d 1111, 1115 (11th Cir. 1993) (quotation omitted). Reduced to its essentials, Bahr‘s argument is that the damages awarded to four of Bahr‘s victim-tenants should be vacated because the Bahr-ownedproperties in which they resided and were harassed were not identified by street address in the complaint. Bahr Motion at 5-6. But this argument, even if true, presents no ―exceptional circumstances‖ warranting a reversal of the Court‘s award as the United States presented sufficient evidence in support of the damages at the hearing itself.
Despite Bahr‘s assertions to the contrary, the testimony of victims Calandra Wright, Loretta Hall-Cates, Rita Julian and Britney Knight established both Bahr‘s ownership of the properties in question and Gumbaytay‘s agency on Bahr‘s behalf at the times of harassment.
1 Although Bahr does not clarify the basis of his argument, it must be presumed to be Rule 60(b)(6) over Rule 60(b)(4) because the two provisions are mutually exclusive and because Bahr argues factual, not legal, deficiencies here. In re Gledhill, 76 F.3d 1070, 1080-1081 (10th Cir. 1996) (―Relief under Rule 60(b)(6) may not be premised on one of the specific grounds enumerated in Rule 60(b)(1)-(5).‖).
- 9 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 10 of 20
Calandra Wright Q: [W]hen is the next time that you interacted with Gumbaytay? A: After I moved into the home. Q: Okay. Now, tell me about the property when you visited it. What was the property address? A: 817 North Pass Road.
Wright Dep. Tr. 5:10-15 Q:. What kind of power did Gumbaytay have over your housing? A: I knew him as being the landlord. Q: Did you know who he was a landlord for? A: I eventually found out that Matthew Bahr was the owner of the home that I was living in. Q: And how did you learn that? A: Some tax papers or something started coming in the mail to the home.
Id. at 16:19-17:1. Loretta Hall-Cates
Court: You said that you contacted the Montgomery Housing Authority about some Section 8 housing, and you were put in contact with Mr. Gumbaytay regarding the 609 Boyce Street residence? A: Yes, sir. He was listed on the paper. Cates Dep. Tr. 15:21-25. A: [Gumbaytay] came by to collect the rent payment. Id. at 10:3-4. Q: [D]id you ever know who owned the property when you lived there, at either of the properties?
- 10 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 11 of 20
A: I knew about Mr. Bahr, because I had heard his name. I asked Housing about that, and they let me know that he owned that property. . .
I believe I submitted a letter either to Mr. Bahr or to Housing pertaining to the things that were going on, but I never heard anything back.
Id. at 29:5-13.2
Rita Julian
A: So I had called Mr. Bahr on the telephone, and I had told Mr. Bahr -- I was like, Mr. Bahr, I know this is your house, and I know you -- you know, that Mr. Gumbaytay is renting. But if any water damage happens, it‘s not my fault, because I‘ve told him and I‘ve called him several times to have someone to come and fix it.
And at that point, I was flustrated (phonetic). And I told Mr. Bahr, I said, because Mr. Gumbaytay is not fixing anything for me, I feel like it‘s because he‘s sexually harassing me and I won‘t sleep with him, and I feel like he‘s taking that out on me. So he told me that he will call Mr. Gumbaytay and get him to get somebody over there. And sure enough, happily, again, it got fixed.
Q: So the repair issue was taken care of. What happened with respect to Gumbaytay‘s behavior?
A: Nothing. It just -- he just kept coming on, kept coming on, kept doing the same things, advancing me for sexual favors, still coming to my house late at night, still sending me eviction notices. Nothing ever changed.
Julian Dep. Tr. 15:7-25.
Court: Who did you know to be the owner of the property located at 105 Stuart Street?
A: Matthew Bahr.
Id. at 29:23-25.
Court: Ms. Julian, you said that you moved into the residence at 105 Stuart Street. When did you move into that residence?
2 Additionally, when queried by the Court at the hearing, the United States represented that one of the properties discussed by Mrs. Cates was owned by Bahr. Cates Dep. Tr. 21:6-12 (―Court: I believe one of the[] [properties] belonged to the Defendant Bahr and the other Defendant Dunn. Do you know which one? Ms. Standridge: That‘s correct, Your Honor. The first property, Boyce, belonged to Bahr. The second property, on Fourth Street, belonged to Dunn.‖).
- 11 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 12 of 20
A: It was December 2005. Court: And how long were you in that residence? A: I think I moved [out] in April 2006 or March of 2006. Court: 2006 or 2007? March or April of 2006 would have meant that you were in the house for approximately four months, five months. A: I moved in -- no -- 2007, yeah. Because I moved at the end of 2005, so it had to have been April of 20, 2007, I think it was. Id. at 27:8-20 Britney Knight Q: When did you first hear the name Jamarlo Gumbaytay? A: When I moved on Stuart Street. Q: What was the address of that? A: 105. Knight Dep. Tr. 4:15-18. Q: How did you know of Jamarlo Gumbaytay? A: He was our landlord. Id. at 5:12-13 Court: On the day that [Gumbaytay] was at your home with his foot in the door when your mother called, you said that was about mid-June of 2007? A: Yes. Court: How long -- how much longer did y‘all live at that house? A: Probably four months after then. Id. at 17:4-10.3
3 Although Ms. Knight did not testify as to the ownership of 105 Stuart St. at the time of her harassment in mid-June of 2007 (when she was 15 years old), the ownership testimony of Rita
- 12 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 13 of 20
In sum, Bahr‘s repeated insistence that there was ―no allegation or proof that Gumbaytay was acting as Bahr‘s agent‖ and ―no evidence before the Court that establishes that Bahr own[ed]‖ the properties in question, is flatly wrong. Bahr Motion at 7. Precisely such evidence was offered by every witness that lived in Bahr‘s properties at the hearing. Indeed, the Court was offered two binders of supporting documentary evidence at the hearing by the United States, but ruled that it ―did not nede to consider the [] exhibits provided‖ because the testimony alone4 was sufficient to support its judgment. Dkt. 420. Because Bahr declined to participate in the evidentiary hearing, he has waived his right to challenge the sworn assertions made by the victims as to Bahr‘s ownership of the properties in question and of the fact that Gumbaytay acted as Bahr‘s property manager.5 Because the Court found the testimony of Wright, Cates, Julian, and Knight to be credible, and because these women testified to all of the ―missing‖ facts in the United States‘ complaint, Bahr cannot meet his burden and his motion to vacate should be denied.
D. Even if the Court Grants Bahr’s Motion, it Should Affirm its Original Award Based on Additional Evidence. If the Court is inclined to grant Bahr‘s motion, the United States submits that it should
alter or amend its judgment to incorporate additional evidence into the record and affirm its original damages awards. See Adolph Coors Co. v. Movement Against Racism and the Klan, 777
Julian provides sufficient evidence to support the inference that Bahr still owned the property at that time of Knight‘s harassment. See Julian Dep. Tr. 27:8-20 (showing Julian living at 105 Stuart St. until April 20, 2007); id. at 29:23-25 (showing Bahr‘s ownership). 4 The only exceptions being the Court‘s consideration of affidavits of two victims who were not present at the hearing. Dkt. 420. 5 Although Bahr chose to forego his opportunity to present any evidence to rebut the testimony of the victims, it is important to note that his motion never actually states that he did not own the properties at the relevant times or that Gumbaytay was not his property manager.
- 13 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 14 of 20

F.2d 1538, 154 (11th Cir. 1985) (reversing damages award after default and remanding ―so that

the trial court may create a record adequate to sustain whatever award of damages it deems

appropriate.‖). In accordance with the Court‘s Order of September 15, 2011 (dkt. 429), the United States hereby submits the following evidence:6

Ex. Bates Range

Description

Source

General Agency Evidence

A* n/a

Notarized certification of records by the Montgomery MHA

Housing Authority.

1* US022713

HAP form signed by Bahr listing Gumbaytay as his

MHA

―Agent‖ (undated).

32* US072581

1/06 Gumbaytay letter to ―All Tenants‖ copying Bahr. Discovery

49 US092405-92406 5/06 letter to ―All Tenants‖ from Gumbaytay as ―rental Discovery

manager‖ for ―landlord[s],‖ copying Bahr.

50 US002470

1/07 letter from Gumbaytay to MHA listing Bahr as

MHA

owner.

22* US072769-72770 3/07 email from Gumbaytay‘s assistant to Bahr and ―All Discovery

37* n/a

Owners‖ concerning management contract updates. 2006 Executive Summaries7 and other files from

Deposition

Norsworthy.

38* n/a

2007 Executive Summaries and other files from

Deposition

Norsworthy.

63 n/a

Compendium of Executive Summaries for Bahr from Deposition

August 2005 - December 2007 from Norsworthy files.

64 n/a

Excerpts from Norsworthy Deposition.

Deposition

65 n/a

Gumbaytay Deposition.

Deposition

Rita Julian – 105 Stuart St.

44* n/a

Bahr certified deed for 105 Stuart St.

Probate

Court

66 n/a

Certified tax assessment records for 105 Stuart St.

Revenue

Comm.

7* US000241-268 12/05-11/06 HAP Contract for Julian at 105 Stuart St. MHA

signed by Bahr.

51 US000088

12/06 Executive Summary for Bahr showing Julian as Discovery

6 All exhibits mentioned herein refer to those attached to the United States‘ Motion to Supplement the Record of the July 28, 2011, hearing, which is being filed concurrently with this response brief. Exhibits that were first offered into evidence at the hearing are denoted with asterisks. 7 The form, function and use of the ―Executive Summaries‖ found at Exs. 37-38, 51-52, 55-56 and 63 are described in detail by Gumbaytay and his secretary (Norsworthy) at Ex. 64 and Ex. 65 at 413:2-415:23.
- 14 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 15 of 20

tenant at 105 Stuart St.

5* US0002442

1/07 Notice of Default to Julian for 105 Stuart St. signed MHA

by Gumbaytay.

52 US096337

4/07 Executive Summary for Bahr showing Julian as

Discovery

tenant at 105 Stuart St.

53 US063006

6/07 Sec. 8 Transaction list showing Julian as Bahr‘s MHA

tenant at 105 Stuart St.

6* US000523

Promissory note between Julian and Gumbaytay

MHA

showing repayment due date of 11/07.

Loretta Hall-Cates – 609 Boyce St. and 2233 E. 4th St.

43* n/a

Bahr certified deed for 609 Boyce St.

Probate

Court

68 n/a

Certified tax assessment records for 609 Boyce St.

Revenue

Comm.

4* US022740-22741 6/06 Request for Tenancy Approval for 609 Boyce St. MHA

signed by Hall-Cates and by Gumbaytay on Bahr‘s

behalf.

2* US022745-22758 8/06-5/07 lease between Hall-Cates and Bahr for 609 MHA

Boyce St. signed by Gumbaytay.

3* US022703-22712 8/06-8/07 HAP Contract for Hall-Cates at 609 Boyce St. MHA

signed by Bahr.

54 US062987

8/06 Sec. 8 Transaction list showing Hall-Cates as

MHA

Bahr‘s tenant at 609 Boyce St.

51 US000088

12/06 Executive Summary for Bahr showing Hall-Cates Discovery

transferring from 609 Boyce St. to 2233 East 4th St.

Calandra Wright – 817 N. Pass Rd.

45* n/a

Bahr certified deed for 817 N. Pass Rd.

Probate

Court

68 n/a

Certified tax assessment records for 817 N. Pass Rd.

Revenue

Comm.

55 US090675

12/05 Executive Summary for Bahr showing Wright as Discovery

tenant at 817 N. Pass Rd.

56 US090670

3/06 Executive Summary for Bahr showing Wright as Discovery

tenant at 817 N. Pass Rd.

8* US000101-103 8/06 Notice of Eviction and 7/06 Notice of Lease

MHA

Termination for Wright at 817 N. Pass Rd. signed by

Gumbaytay as ―authorized agent.‖ Britney Knight – 105 Stuart St.8

57 US035644

Birth certificate showing Rosa Knight as mother of

MHA

Britney Knight.

58 US036027

4/07 Section 8 approval letter for Rosa Knight.

MHA

59 US035627-35628 Request for Sec. 8 Tenancy Approval for 105 Stuart St. MHA

signed by Rosa Knight on 4/07.

8 See Exs.44 and 66 for certified deed and tax records listing Bahr as owner of 105 Stuart St. - 15 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 16 of 20

60 US035689

7/07 HUD Sec. 8 Allowance Form for Rosa Knight and MHA

105 Stuart St.

61 US035615-35626 8/07-9/08 Lease Agreement between Bahr and Knight MHA

signed by Gumbaytay on 1/08.

9* US035591-35600 10/07-9/08 HAP Contract for 105 Stuart St. for Britney MHA

Knight and family signed by Bahr on 10/07.

62 US063015

10/07 Sec. 8 transaction list showing Rosa Knight as

MHA

Bahr‘s tenant at 105 Stuart St.

The above evidence demonstrates that Wright, Cates, Julian, and Knight all lived in properties owned by Bahr and that Gumbaytay managed those properties on Bahr‘s behalf as his agent. Additionally, the testimony of all the women is consistent with the evidence regarding the dates of Gumbaytay‘s harassment coinciding with the victims‘ dates of occupancy.9
In weighing this evidence, the Court should also consider the fact that, although the record is sufficient, it will never be complete because Bahr deprived the United States of the ability to obtain additional relevant documents in discovery and the opportunity to question Bahr directly on these matters under oath. Although the United States must (and did) substantiate its damages claims, its burden of proof should be lighter than it would otherwise be by virtue of Bahr choosing default over meaningful participation in this suit. Trans World Airlines, Inc. v. Hughes, 449 F.2d 51, 63-64 (2d Cir. 1971) rev’d on other grounds, 409 U.S. 363 (1973) (―It would usher in a new era in the dynamics of litigation if a party could suffer a default judgment to be entered against it and then go about its business as if the slate was wiped clean and a new

9 The fact that Ms. Knight testified to being harassed in mid-June 2007 and that her mother‘s lease was effective August 1, 2007, presents no contradiction. See Ex. 61. The evidence shows that the previous tenant-victim, Ms. Julian, vacated 105 Stuart St. in April of 2007 and that Knight‘s mother requested that her Sec. 8 voucher be applied to the Stuart St. address that same month. See Julian Dep. Tr. 27:8-20; Ex. 59. This is consistent with Ms. Knight‘s testimony that the family was already living at the property when she experienced harassment in mid-June 2007. Whether the Knight family lived under an annual lease, month-to-month, or under some other arrangement at the time is irrelevant.
- 16 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 17 of 20 day had dawned. To state the proposition is to expose the folly of it.‖). Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 187 (1st Cir. 2004) (―Defendant‘s decision not to appear also may have prejudiced plaintiffs‘ case by preventing them from obtaining sufficient evidence on which to prove actual damages‖).
III. CONCLUSION For the reasons set forth above, the United States respectfully requests that the Court deny Bahr‘s motion or, if it grants the motion, re-affirm its original damages award in light of the additional evidence.
- 17 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 18 of 20

Respectfully submitted this 30th day of September 2011.
THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

JAMES J. DUBOIS Assistant United States Attorney Bar Number: GA 231445 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 Fax: (334) 223-7560 james.dubois2@usdoj.gov

/s/ Roger T. Severino STEVEN H. ROSENBAUM Chief MICHAEL S. MAURER Deputy Chief ROGER T. SEVERINO Bar Number: DC 488685 AMBER R. STANDRIDGE Bar Number: VA 73444 SEAN R. KEVENEY Bar Number: TX 24033862 Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington, DC 20530 Tel.: (202) 353-9732 Fax: (202) 514-1116 Roger.Severino@usdoj.gov

- 18 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 19 of 20

CERTIFICATE OF SERVICE
I, Roger Severino, hereby certify that on this 30th day of September 2011, I served the foregoing Response to Defendant Bahr‘s Motion to Alter or Amend with the Clerk of the Court via the electronic case filing system which will serve the same upon the following via electronic mail:

Micheal Stewart Jackson Taylor Patrick Fendley Constance Taylor Buckalew Beers Anderson Jackson Patty & Fawal, PC P.O. Box 1988 250 Commerce Street, Suite 100 Montgomery, AL 36102-1988 334-834-5311 Attorney for defendant Matthew Bahr

Michael David Boyle Law Offices of Michael D. Boyle LLC 2471 N. Cobb Loop Millbrook, AL 36054 334-398-2763 Attorney for defendant Millennia Properties, LLC

/s/ Roger Severino Roger T. Severino Trial Attorney U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Tel: (202) 353-9732 Fax: (202) 514-1116 Roger.Severino@usdoj.gov

- 19 -

Case 2:08-cv-00573-MEF-SRW Document 432 Filed 09/30/11 Page 20 of 20
I, Roger Severino, hereby certify that on this 30th day of September 2011, the foregoing Response to Defendant Bahr‘s Motion to Alter or Amend, was served via U.S. Mail, first-class, to the following:
Bruce Dunn 937 Oetter Dr South Daytona, FL 32119 pro se Sean McDonough 1827 Mahogany Drive Orlando, FL 32825 pro se Brett Rosenbaum 1827 Mahogany Drive Orlando, FL 32825 pro se
/s/ Roger Severino Roger T. Severino Trial Attorney U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Tel: (202) 353-9732 Fax: (202) 514-1116 Roger.Severino@usdoj.gov
- 20 -

 
 Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

MATTHEW BAHR, et al.,

)

)

Defendants.

)

Case No. 2:08-cv-573-MEF (WO—Publish)

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

This cause comes before the Court on four motions—two filed by Defendant

Matthew Bahr and two filed by the United States. Bahr’s first motion is a Motion to

Alter, Amend or Vacate Final Judgment Or, in the Alternative, Motion for Relief from

Final Judgment. (Doc. # 427.) His second is a Motion to Stay Execution Pending

Disposition of Motion to Alter, Amend, or Vacate. (Doc. # 443.) The United States’ first

motion is a Motion to Supplement the Record (Doc. # 433) and the second is a Motion to

Seal (Doc. # 436). For the reasons discussed below, both of Bahr’s motions are due to be

denied whereas both of the United States’ motions are due to be granted.

II. BACKGROUND

The Court need not recount all of the facts underlying this case. Many of these

facts are discussed elsewhere, for example in the Court’s Memorandum Opinion and

1

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 2 of 10
Order on defendant Lori Williams’s motion for summary judgment. (Doc. # 197.) The Court will assume the parties’ familiarity with those opinions for the sake of brevity. In short, this case involves a pattern and practice of sex discrimination by Jamarlo Gumbaytay, a property manager employed by a number of property owners. This led to the United States bringing suit under the Fair Housing Act, 42 U.S.C. § 3601, against Gumbaytay and the various property owners.
Important here is that defendant Matthew Bahr—one of the property owners who employed Gumbaytay—chose not to participate in the underlying lawsuit.1 Due to this decision, the United States moved to have default judgment entered against Bahr. The Court granted the motion after conducting an evidentiary hearing. (See Docs. # 418, 419.) The final judgment against Bahr included civil penalties of $10,000 and damages of $17,000 to be distributed to the victims—$4500 to Loretta Hull; $5,000 to Rita Julian; $2,500 to Calandra Wright; and $5,000 to Britney Knight. (Doc. # 419.)
Bahr has since moved the Court to vacate the final judgment or to at least fix various errors that he claims the judgment contains. The basis for this motion is as follows. The third amended complaint alleged that Bahr employed Gumbaytay as his agent to manage two of his properties: one located at 3661 Whiting Avenue, Montgomery, Alabama 36105; the other at 964 North Gap Loop, Montgomery, Alabama 36110. (Doc. # 168 at ¶ 6.) Yet the United States never offered testimony during the
1 Bahr made this decision despite having knowledge of the suit and being served with the complaint. His wife even appeared to defend against the claims brought against her.
2

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 3 of 10
evidentiary hearing related to these properties, instead focusing on testimony from victims of other Bahr-owned and Gumbaytay-managed residences. This evidence included: Calandra Wright’s testimony that she lived at 817 North Pass Road; Loretta Hull’s testimony that she lived at 609 Boyce and 2233 E. 4th Street; Rita Julian’s testimony that she lived at 105 Stuart St. and 649 Cramer Ave.; and Britney Knight’s testimony that she lived at 105 Stuart St. Bahr has now asserted various arguments about why these discrepancies call for post-judgment relief.
III. DISCUSSION A. Bahr’s motion to alter, amend, or vacate the final judgment against him
Bahr asks the Court to do three things in his Motion to Alter, Amend, or Vacate. First, he wants vacated this Court’s judgment ordering damages against him. (Doc. # 427 at 10.) Second, he seeks a downward revision as to the damages awarded against him because, he claims, the statute of limitations bars some of the United States’ claims. (Id. at 10.) Third, he wants a ruling that the Court’s final judgment is “void” for lack of subject matter jurisdiction. (Id. at 12.) The Court will address each argument in turn.
1. Bahr’s attempt at voiding the judgment against him Bahr primarily wants the Court to revisit and then vacate the judgment entered against him. To this end, Bahr argues that, while the United States proved sex discrimination as to some properties he owned, it did not prove its case as to the properties listed in the amended complaint. Bahr contends that the Court must fix this
3

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 4 of 10
discrepancy and that “Rule 59 is the proper mechanism for . . . relief.” (Doc. # 441 at 1.) But this is incorrect: the “exclusive . . . method for attacking a default judgment in the district court is by way of a Rule 60(b) motion.” Gulf Coast Fans, Inc. v. Midwest Elec. Importers, Inc., 740 F.2d 1499, 1507 (11th Cir. 1984).
This leaves Bahr with Rule 60(b) as the only procedural mechanism for relief. Under Rule 60(b), “the court may relieve a party . . . from a final judgment” for one of five specific reasons or for “any other reason that justifies relief.” Fed. R. Civ. P. 60(b)(1)–(6). Here, Bahr cannot meet any of the first five reasons for granting relief from the default judgment entered against him. So he can seek relief only through the “any other reason” catchall contained in Rule 60(b)(6). “[R]elief under this clause is an extraordinary remedy which may be invoked only upon a showing of exceptional circumstances.” Cavaliere v. Allstate Ins. Co., 996 F.2d 1111, 1115 (11th Cir. 1993) (quotations omitted).
Bahr can make no such showing. He made a conscious decision to ignore the lawsuit filed against him. That he dislikes the negative consequences tied to this decision does not make his circumstances exceptional. See, e.g., Ackermann v. United States, 340 U.S. 193, 198 (1950) (“His choice was a risk, but calculated and deliberate and such as follows a free choice. Petitioner cannot be relieved of such a choice because hindsight seems to indicate to him that his decision not to appeal was probably wrong . . .”); Aghassi v. Holden & Co., 92 F.R.D. 98, 100 (D. Mass. 1981) (“The consequences of
4

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 5 of 10
neglectfulness on the plaintiff’s part will not ordinarily constitute the kind of extreme hardship contemplated by Rule 60(b)(6)”). Bahr’s main argument—that the damages awarded to four of his tenants should be vacated because the amended complaint did not identify the tenant’s addresses specifically—is an objection appropriately raised during adversarial proceedings. His failure to do so does not justify granting relief. Cf. Dowell v. State Farm Fire and Cas. Auto. Ins., 774 F. Supp. 996, 1001 (S.D. W. Va. 1991) (“we do not find extreme hardship that would compel granting relief inasmuch as the Plaintiff knowingly and voluntarily passed over the means to protect his interest in litigation and possibly achieve his desired outcome.”).
It is also unclear whether the technicality related to the tenant’s addresses is even relevant. A party can move at the end of trial to amend the pleadings to conform with the evidence presented during the proceeding; this allows federal courts to avoid the problem Bahr now complains of. Borden, Inc. v. Fla. E. Coast Ry. Co., 772 F.2d 750, 758 (11th Cir. 1985). In fact, the Federal Rules of Civil Procedure “permit[] amendments to the pleadings even after judgment if the issues involved are tried by the express or implied consent of the parties.” Diaz v. Jaguar Restaurant Group, LLC, 627 F.3d 1212, 1214 (11th Cir. 2010) (emphasis added) (quoting Fed. R. Civ. P. 15(b)). Since Bahr did not deign to appear in the case, he gave implicit consent to the United States to prove the claims that it did. “The fact that no formal amendment of the pleadings took place is of no consequence.” Proctor v. Gissendaner, 579 F.2d 876, 885 n.20 (5th Cir. 1978).
5

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 6 of 10
At bottom, “[t]here must be an end to litigation someday, and free, calculated, deliberate choices are not to be relieved from.” Ackermann, 340 U.S. at 211–12. Bahr had an opportunity to defend himself and chose not to. It would serve neither equity nor efficiency to open the floodgates now to a new round of motions and hearings in this case due to a technicality related to the specifics of the pleadings. This is especially true seeing how Bahr, had he showed up to defend himself, could have pointed out this defect then. Bahr’s motion is therefore due to be denied on the first ground he raises.
2. Bahr’s statute of limitations argument Bahr next asserts that “all damages based on events that occurred before July 28, 2006[,] are barred by the statute of limitations.” (Doc. # 427.) From there, he appears to argue that the Court should reduce the plaintiffs’ damages accordingly. This argument is meritless. The statute of limitations is an affirmative defense that a defendant waives by failing to plead it. Fed. R. Civ. P. 8(c)(1); Day v. Liberty Nat’l Life Ins. Co., 122 F.3d 1012, 1015 (11th Cir. 1997) (citing cases holding “failure to plead the bar of the statute of limitations constitutes a waiver of the [statute of limitations] defense”). Besides, as discussed above, both Rule 59(e) and Rule 60(b) are unavailable to Bahr, so he has no procedural means to bring this argument properly before the Court. His motion is due to be denied on this ground too.
3. Bahr’s arguments centered on subject-matter jurisdiction Bahr lastly seeks relief under Rule 60(b)(4), which allows a court to relieve a
6

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 7 of 10
party from a final judgment where “the judgment is void.” Fed. R. Civ. P. 60(b)(4). The Court never had subject-matter jurisdiction, Bahr claims, because the United States “did not establish a pattern or practice of discrimination at [his] properties.” (Doc. # 427 at 12.) This, however, is not the test for assessing the Court’s subject-matter jurisdiction.
The relevant statute, 42 U.S.C. § 3614(a), confers standing on the Attorney General to bring suit in certain circumstances. One of which is where the Attorney General “has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of” violating the Fair Housing Act. 42 U.S.C. § 3614(a); United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 122–23 (5th Cir. 1973).2 For jurisdictional purposes, the statute does not require actual proof of the pattern or practice of discrimination; the Attorney General need only “reasonable cause” to believe that it occurred. See United States v. Pelzer Realty Co., Inc., 484 F.2d 438, 444 (5th Cir. 1973).
A number of allegations in the third amended complaint support the Attorney General’s reasonable-cause determination. For example, the United States alleged that Gumbaytay managed two properties owned by Bahr (Doc. # 168 at ¶ 5); that Bahr employed Gumbaytay as his agent to manage those properties (id. at ¶¶ 6–20); that Gumbaytay subjected female tenants to sexual harassment there (id. at ¶ 23); that Bahr knew or should have known of this harassment (id. at ¶ 24); and that Bahr owned other
2 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions handed down before the close of business on September 30, 1981.
7

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 8 of 10
dwellings in which he employed Gumbaytay and in which Gumbaytay engaged in similar discriminatory conduct (id. at ¶ 29). Because Bahr defaulted, he admitted all of these allegations. Nishmatsu Const. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) (“defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact”). These facts, taken as true, establish that the Attorney General had reasonable cause to believe a pattern or practice of sex discrimination took place.
Furthermore, the Court has already addressed whether the Attorney General had reasonable cause to bring the action, and in doing so, found that he did. (See Doc. # 197 at 10.) Bahr’s arguments, as the United States points out, relate to whether particular victims should have received a damages award after an evidentiary hearing. This has nothing to do with whether the United States had the ability to bring the action initially. Accordingly, because the Attorney General satisfied the statutory standard, Bahr’s Rule 60(b)(4) motion is due to be denied.
B. The United States’ motion to supplement After Bahr filed his motion to alter, amend, or vacate the judgment entered against him, the United States moved to supplement the record. The newly provided evidence would further support the damages award against Bahr. Specifically, the evidence provides more proof that Bahr owned the properties at issue, employed Gumbaytay to manage them, and harmed the victims awarded damages by the Court. Bahr of course disputes the propriety of granting the United States’ motion.
8

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 9 of 10
A defendant’s decision to ignore a lawsuit against him prejudices not only himself but also his opponent by depriving the adverse party of the ability to obtain important evidence. See Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 187 (1st Cir. 2004). Allowing the absentee defendant to then come along and nitpick the sufficiency of the evidence supporting the judgment against him would turn the litigation process on its head. Indeed, “[i]t would usher in a new era in the dynamics of litigation if a party could suffer a default judgment to be entered against it and then go about its business as if the slate was wiped clean and a new day had dawned.” Trans World Airlines, Inc. v. Hughes, 449 F.2d 51, 63–64 (2d Cir. 1971), rev’d on other grounds, 409 U.S. 363 (1973). Thus the Eleventh Circuit allows district courts to create a record after default to support “whatever award of damages it deems appropriate.” Adolph Coors Co. v. Movement Against Racism and the Klan, 777 F.2d 1538, 1544 (11th Cir. 1985).
Here, the Court sees no reason to revisit its damages award against Bahr. The evidence adduced at the damages hearing, standing alone, supports the judgment. Yet, out of an abundance of caution, the Court has reviewed the newly submitted evidence filed by the United States. This evidence shows that Wright, Cates, Julian, and Knight lived in Bahr-owned properties that Gumbaytay managed on his behalf. Because it does, and since Bahr’s absence deprived the United States of the opportunity to obtain evidence from him, the motion to admit the supplemental evidence is due to be granted. And because this evidence contains personal information, the United States’ motion to
9

Case 2:08-cv-00573-MEF-SRW Document 446 Filed 04/19/12 Page 10 of 10
seal is likewise due to be granted. IV. CONCLUSION
After having fully considered the parties’ arguments, and for the reasons discussed above, it is hereby ORDERED as follows:
1. Bahr’s Motion to Alter, Amend or Vacate Final Judgment (Doc. # 427) is DENIED.
2. Bahr’s Motion to Stay Execution Pending Disposition (Doc. # 443) is DENIED AS MOOT.
3. The United States’ Motion to Supplement the Record (Doc. # 433) is GRANTED.
4. The United States’ Motion to Seal (Doc. # 436) is GRANTED. DONE this the 19th day of April, 2012.
/s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE
10

 
 Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 1 of 42
U.S. District Court Alabama Middle District (Montgomery) CIVIL DOCKET FOR CASE #: 2:08−cv−00573−MEF−SRW

CLOSED

United States of America v. Bahr et al Assigned to: Honorable Judge Mark E. Fuller Referred to: Honorable Judge Susan Russ Walker Cause: 42:3601 Fair Housing Act
Plaintiff

Date Filed: 07/17/2008 Date Terminated: 08/16/2011 Jury Demand: Both Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Amber R Standridge , Housing &Civil Enforcement Section Civil Rights Division Civil Rights Division U S Department of Justice 950 Pennsylvania Avenue, NW G St. Washington, DC 20530 202−514−4713 Fax: 202−514−1116 Email: amber.standridge@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna M. Murphy United States Department of Justice Civil Right Division − HCE 950 Pennsylvania Ave., NW − G Street (Rm 7107) Washington, DC 20530 202−514−1775 Fax: 202−514−1116 Email: donna.murphy@usdoj.gov TERMINATED: 12/09/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Grace Chung Becker United States Department of Justice Housing &Civil Enforcement Section, Civil Rights Division 950 Pennsylvania Avenue, NW Room NWB−7254 Washington, DC 20530 202−514−4713 Fax: 202−514−1116 TERMINATED: 12/09/2010 LEAD ATTORNEY

James Joseph DuBois U. S. Attorney's Office PO Box 197 Montgomery, AL 36101 334−223−7280 Fax: 334−223−7418 Email: james.dubois2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Stuart Maurer U.S. Department of Justice

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 2 of 42
Housing and Civil Enforcement Section 950 Pennsylvania Avenue, NW − G Street Washington, DC 20530 202−514−4713 Fax: 202−514−1116 Email: michael.maurer@usdoj.gov LEAD ATTORNEY
Roger Thomas Severino United States Department of Justice − HCE 950 Pennsylvania Avenue, N.W.− G St. Washington, DC 20530 202−353−9732 Fax: 202−514−1116 Email: Roger.Severino@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven H. Rosenbaum U.S. Department of Justice, Civil Rights Division Chief, Housing and Civil Enforcement Section 950 Pennsylvania Avenue NW Washington, DC 20530 202−305−3107 LEAD ATTORNEY
Sean R Keveney U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., NW Washington, DC 20530 202−514−4838 Fax: 202−514−1116 Email: sean.r.keveney@usdoj.gov ATTORNEY TO BE NOTICED

V.
Defendant
Jamarlo K. Gumbaytay TERMINATED: 05/24/2011 also known as Laurence E. Lamar TERMINATED: 05/24/2011 doing business as Elite Enterprises Consultant Group TERMINATED: 05/24/2011

represented by Alfred T. Newell , IV Attorney at Law PO Box 101432 Birmingham, AL 35210 205−956−8281 Fax: 205−951−2855 Email: NEWELLA@BELLSOUTH.NET TERMINATED: 04/08/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Wilson Smith Ryals, Plummer, Donaldson, Agricola and Smith. 60 Commerce Street Suite 1400 Montgomery, AL 36104 334−834−5290 Fax: 334−834−5297 Email: jsmith@rpdas.com TERMINATED: 05/24/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 3 of 42

Defendant Matthew Bahr
Defendant Brett Rosenbaum Defendant Estate of Donna Greene TERMINATED: 11/30/2009 Defendant Lori Williams TERMINATED: 05/11/2011

represented by Micheal Stewart Jackson Beers Anderson Jackson Patty &Fawal, PC PO Box 1988 250 Commerce Street Suite 100 Montgomery, AL 36102−1988 334−834−5311 Fax: 834−5362 Email: mjackson@jaandp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Taylor Patrick Fendley Beers, Anderson, Jackson, Patty &Fawal, P.C. 250 Commerce Street, Suite 100 Montgomery, AL 36104 334−834−5311 Fax: 334−834−5362 Email: tfendley@beersanderson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Brett Rosenbaum 1827 Mahogany Drive Orlando, FL 32825 PRO SE
represented by Emily Coody Marks Ball Ball Matthews &Novak PA PO Box 2148 Montgomery, AL 36102−2148 334−387−7680 Fax: 334−387−3222 Email: emarks@ball−ball.com TERMINATED: 05/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Evans Brittain Ball Ball Matthews &Novak PA PO Box 2148 Montgomery, AL 36102−2148 334−387−7680 Fax: 334−387−3222 Email: ebrittain@ball−ball.com TERMINATED: 05/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holbrook E. Reid BALL, BALL, MATTHEWS &NOVAK, P.A. Post Office Box 2148 2000 Interstate Park Drive

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 4 of 42

Suite 204 Montgomery, AL 36102 334−387−7680 Fax: 334−387−3222 Email: bemfinger@ball−ball.com TERMINATED: 05/11/2011 ATTORNEY TO BE NOTICED

Defendant Sean McDonough

represented by Sean McDonough 1827 Mahogany Drive Orlando, FL 32825 PRO SE

Defendant
Woody D. Franklin TERMINATED: 04/14/2011

represented by Michael Guy Holton Fuller Taylor &Holton PC 5748 Carmichael Parkway, Ste D Montgomery, AL 36117 334−244−0447 Fax: 334−244−0794 Email: gholtonattorney@gmail.com TERMINATED: 04/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Woody D. Franklin, Sr. TERMINATED: 07/11/2011

represented by Constance Taylor Buckalew Beers Anderson Jackson Patty &Fawal PC PO Box 1988 250 commerce Street, Suite 100 Montgomery, AL 36102−1988 334−834−5311 Fax: 334−834−5362 Email: cbuckalew@beersanderson.com TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Guy Holton (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Micheal Stewart Jackson (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Taylor Patrick Fendley (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
James F. Clark TERMINATED: 07/20/2011

represented by Michael Guy Holton (See above for address) TERMINATED: 07/20/2011 LEAD ATTORNEY

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 5 of 42

ATTORNEY TO BE NOTICED

Defendant
Barbara Clark TERMINATED: 07/20/2011

represented by Michael Guy Holton (See above for address) TERMINATED: 07/20/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Frank Cook TERMINATED: 11/21/2008

Defendant Millennia Properties, LLC

represented by Michael David Boyle Law Offices of Michael D. Boyle LLC 8650 Minnie Brown Road Suite 150 Montgomery, AL 36117 334−398−2763 Fax: 866−588−9823 Email: michaelboyle@me.com TERMINATED: 07/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Guy Holton (See above for address) TERMINATED: 07/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Abraham Campbell TERMINATED: 07/20/2011

represented by Alfred T. Newell , IV (See above for address) TERMINATED: 04/03/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth Jay Shinbaum McPhillips Shinbaum L.L.P. PO Box 64 516 S. Perry Street Montgomery, AL 36101−0064 334−262−1911 Fax: 334−263−2321 Email: kshinbaum@msg−lawfirm.com TERMINATED: 07/20/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Guest Property Sales, LLC TERMINATED: 07/20/2011

represented by George Lamar Beck , Jr. U. S. Attorney's Office PO Box 197 Montgomery, AL 36101−0197 334−223−7280 Fax: 334−223−7560 Email: glb@chlaw.com TERMINATED: 04/04/2011 LEAD ATTORNEY

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 6 of 42

Terrie Scott Biggs Capell Howard PC PO Box 2069 Montgomery, AL 36102−2069 334−241−8091 Fax: 334−241−8291 Email: tsb@chlaw.com TERMINATED: 07/20/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Jewel Manahan TERMINATED: 07/20/2011

represented by Jewel Manahan 1569 Amaryllis Cir. Orlando, FL 32825 407−242−0976 PRO SE

Defendant
Todd Chamelin TERMINATED: 05/11/2011

represented by Michael Guy Holton (See above for address) TERMINATED: 05/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Evans Brittain (See above for address) TERMINATED: 05/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Holbrook E. Reid (See above for address) TERMINATED: 05/11/2011 ATTORNEY TO BE NOTICED

Defendant
Terrill Jorgensen TERMINATED: 07/11/2011

represented by Constance Taylor Buckalew (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Guy Holton (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Micheal Stewart Jackson (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Taylor Patrick Fendley (See above for address) TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 7 of 42

Loretta Cates TERMINATED: 04/14/2011

Defendant Bruce E Dunn

represented by Bruce E Dunn 937 Oetter Dr South Daytona, FL 32119 PRO SE

Defendant
Margie Campbell TERMINATED: 04/14/2011

represented by Kenneth Jay Shinbaum (See above for address) TERMINATED: 04/14/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant Central Alabama Fair Housing Center

represented by Joseph Brady Lewis Lewis, Bush &Faulk, LLC PO Box 5059 Montgomery, AL 36103−5059 334−263−7733 Fax: 334−832−4390 Email: j−lewis@jaylewislaw.com TERMINATED: 06/15/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Faith Rochelle Cooper Central Alabama Fair Housing Center 2867 Zelda Road Montgomery, AL 36106 334−263−4663 Fax: 334−263−4664 Email: cooper.faith@gmail.com ATTORNEY TO BE NOTICED

Counter Claimant
Abraham Campbell TERMINATED: 05/05/2009

represented by Alfred T. Newell , IV (See above for address) TERMINATED: 04/03/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Counter Defendant
United States of America TERMINATED: 05/05/2009

represented by Amber R Standridge , (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donna M. Murphy (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY
Grace Chung Becker (See above for address) TERMINATED: 05/05/2009

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 8 of 42
LEAD ATTORNEY
James Joseph DuBois (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Stuart Maurer (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger Thomas Severino (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sean R Keveney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven H. Rosenbaum (See above for address) TERMINATED: 05/05/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/17/2008
07/17/2008 07/18/2008 07/21/2008 07/24/2008 07/25/2008 07/28/2008
08/12/2008 08/14/2008

# Docket Text
1 COMPLAINT against Estate of Donna Greene, Lori Williams, Sean McDonough, Woody D. Franklin, Woody D. Franklin, Sr, James F. Clark, Barbara Clark, Frank Cook, Jamarlo K. Gumbaytay, Matthew Bahr, Brett Rosenbaum filed by United States of America.(cc, ) (Entered: 07/18/2008)
DEMAND for Trial by Jury by United States of America. See 1 Complaint for pdf document for this entry. (cc, ) (Entered: 07/21/2008)
2 Summons Issued; summons and complaint mailed by CMRRR to Estate of Donna Greene, Sean McDonough, Jamarlo K. Gumbaytay, Matthew Bahr, Brett Rosenbaum. (cc, ) (Entered: 07/21/2008)
3 Return Receipt Card showing service of summons &complaint signed by Jamarlo K. Gumbaytay for Jamarlo K. Gumbaytay served on 7/19/2008, answer due 8/8/2008. (cc, ) (Entered: 07/21/2008)
4 Return Receipt Card showing service of summons &complaint signed by Sean McDonough for Sean McDonough served on 7/22/2008, answer due 8/11/2008. (cc, ) (Entered: 07/24/2008)
5 Return Receipt Card showing service of summons &complaint signed by Matthew W. Bahr for Matthew Bahr served on 7/23/2008, answer due 8/12/2008. (cc, ) (Entered: 07/25/2008)
Mail Returned as Undeliverable. Summons and Complaint sent to Brett Rosenbaum on 7/18/2008 was returned unexecuted with the following notation "Return to Sender, Insufficient Address, Unable to Forward". (cc, ) (Entered: 07/28/2008)
6 ANSWER to 1 Complaint by Matthew Bahr.(cc, ) (Entered: 08/13/2008)
7 ANSWER to 1 Complaint by Jamarlo K. Gumbaytay.(cc, ) Attorney Newell did not sign this pleading. Newell's name was signed by defendant Gumbaytay while in

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 9 of 42

08/15/2008 08/21/2008
08/25/2008
08/28/2008 08/28/2008 08/28/2008 09/02/2008 09/03/2008 09/03/2008 09/03/2008 09/04/2008
09/04/2008 09/04/2008 09/05/2008 09/05/2008 09/05/2008
09/11/2008 09/16/2008

clerk's office therefore attorney Newell was not added as counsel of record at this time. (Entered: 08/15/2008)
8 MOTION for Dismissal by Jamarlo K. Gumbaytay. (cc, ) (Entered: 08/15/2008)
9 ORDER TO SHOW CAUSE as to why 8 Motion to Dismiss filed by Jamarlo K. Gumbaytay should not be granted; Show Cause Response due by 9/2/2008 for the government. Signed by Hon. Chief Judge Mark E. Fuller on 8/21/2008. (cc, ) (Entered: 08/21/2008)
Mail Returned as Undeliverable. Summons and complaint sent to Estate of Donna Greene were returned unexecuted with the following notations "Return to Sender, Unclaimed, Unable to Forward" "7/22/08 Notify Sender of New Address Jones' Donna 9721 Wendell Dr. Saint Louis MO 63136−5315". (cc, ) (Entered: 08/25/2008)
10 NOTICE of Appearance by Alfred T. Newell, IV on behalf of Jamarlo K. Gumbaytay. (cc, ) (Entered: 08/28/2008)
11 ANSWER to 1 Complaint by Jamarlo K. Gumbaytay.(cc, ) (Entered: 08/28/2008)
12 MOTION for Dismissal by Jamarlo K. Gumbaytay. (cc, ) (Entered: 08/28/2008)
13 RESPONSE in Opposition re 8 MOTION to Dismiss, 12 MOTION to Dismiss filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Standridge, Amber) (Entered: 09/02/2008)
14 Alias Summons issued; alias summons and complaint mailed by CMRRR to Brett Rosenbaum. (cc, ) (Entered: 09/03/2008)
15 NOTICE of Appearance by Michael Guy Holton on behalf of Woody D. Franklin, Woody D. Franklin, Sr (Holton, Michael) (Entered: 09/03/2008)
16 ANSWER to 1 Complaint with Jury Demand by Woody D. Franklin, Woody D. Franklin, Sr.(Holton, Michael) (Additional attachment(s) added on 9/4/2008: # 1 Corrected Document) (cc, ). (Entered: 09/03/2008)
17 NOTICE of Correction: 16 Answer to Complaint was modified on 9/4/2008 as this Answer was e−filed with the pdf document styled Answer and Counterclaims and it also referenced Cross Claims. These references were made in error and the pdf document has been exchanged for a corrected version. (Attachments: # 1 Corrected Document)(cc, ) (Entered: 09/04/2008)
18 NOTICE of Appearance by Michael Guy Holton on behalf of James F. Clark, Barbara Clark (Holton, Michael) (Entered: 09/04/2008)
19 ANSWER to 1 Complaint with Jury Demand by James F. Clark, Barbara Clark.(Holton, Michael) (Entered: 09/04/2008)
20 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to plaintiff United States of America; Corporate Disclosures due by 9/19/2008. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 09/05/2008)
21 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to defendant Jamarlo K. Gumbaytay; Corporate Disclosures due by 9/19/2008. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 09/05/2008)
22 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statements sent to defendants Woody D. Franklin, Woody D. Franklin, Sr., James F. Clark and Barbara Clark; Corporate Disclosures due by 9/19/2008. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 09/05/2008)
23 Alias Summons issued; alias summons and complaint mailed by CMRRR to Estate of Donna Greene. (cc, ) (Entered: 09/11/2008)
24 Corporate/Conflict Disclosure Statement by United States of America re 20 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Standridge, Amber) (Entered: 09/16/2008)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 10 of 42

09/16/2008 09/16/2008 09/19/2008 09/19/2008 09/19/2008 09/19/2008 10/07/2008
10/20/2008 10/21/2008 11/10/2008
11/10/2008 11/12/2008 11/13/2008 11/13/2008
11/13/2008 11/13/2008 11/14/2008

***Attorney Roger Severino for United States of America added pursuant to 24 Statement. (cc, ) (Entered: 09/17/2008)
Mail Returned as Undeliverable. Alias summons issued to Brett Rosenbaum was returned unexecuted with the following notation "Returned to Sender, Insufficient Address". (cc, ) (Entered: 09/17/2008)
25 Corporate/Conflict Disclosure Statement by James F. Clark re 22 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Holton, Michael) (Entered: 09/19/2008)
26 Corporate/Conflict Disclosure Statement by Barbara Clark re 22 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Holton, Michael) (Entered: 09/19/2008)
27 Corporate/Conflict Disclosure Statement by Woody D. Franklin, Sr re 22 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Holton, Michael) (Entered: 09/19/2008)
28 Corporate/Conflict Disclosure Statement by Woody D. Franklin re 22 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Holton, Michael) (Entered: 09/19/2008)
29 WAIVER OF SERVICE Returned Executed by United States of America. Woody D. Franklin waiver sent on 7/23/2008, answer due 9/22/2008; Woody D. Franklin, Sr waiver sent on 7/23/2008, answer due 9/22/2008; James F. Clark waiver sent on 7/23/2008, answer due 9/22/2008; Barbara Clark waiver sent on 7/23/2008, answer due 9/22/2008. (Standridge, Amber) (Entered: 10/07/2008)
Mail Returned as Undeliverable. Alias summons issued and mailed to Estate of Donna Greene was returned unexecuted with the following notation "Returned to Sender, Unclaimed". (cc, ) (Entered: 10/20/2008)
30 Summons Issued; summons and complaint mailed by CMRRR to Lori Williams. (cc, ) (Entered: 10/21/2008)
31 Alias Summons issued as to Lori Williams, Brett Rosenbaum (at 2 different addresses) and forwarded to US Marshal in Orlando, FL for personal service. These were issued at the request of US Dept of Justice Attorney Amber R. Standridge. (cc, ) (Entered: 11/10/2008)
32 Alias Summons issued as to Estate of Donna Greene and furnished to US Marshal here in Montgomery for personal service. This was issued at the request of US Dept of Justice Attorney Amber R. Standridge. (cc, ) (Entered: 11/10/2008)
33 Alias Summons issued; Alias Summons and Complaint mailed by CMRRR to Estate of Donna Greene c/o a Montgomery Post Office Box at the request of US Dept of Justice Attorney Amber R. Standridge. (cc, ) (Entered: 11/12/2008)
34 Summons Issued; summons and complaint furnished to US Marshal for personal service as to Frank Cook. (cc, ) (Entered: 11/13/2008)
35 Summons Issued; summons and complaint mailed by CMRRR to Frank Cook c/o Attorney Jonathan Berry Hill. (cc, ) Modified to reflect that this package was not mailed per request of US Dept of Justice Attorney Amber R. Standridge (cc, ). (Entered: 11/13/2008)
36 US MARSHAL'S ACKNOWLEDGEMENT OF SERVICE of Alias Summons and Complaint; Executed by personal service on 11/13/2008 as to Frazier Jones for Estate of Donna Greene. (cc, ) (Entered: 11/13/2008)
NOTICE of Docket Text Correction: 35 Summons issued was modified to reflect that this package was not mailed per request of US Dept of Justice Attorney Amber R. Standridge.(cc, ) (Entered: 11/13/2008)
37 NOTICE by United States of America of Dismissal (Standridge, Amber) (Entered: 11/14/2008)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 11 of 42

11/19/2008 11/21/2008 11/24/2008 12/04/2008 12/09/2008 12/29/2008 12/30/2008 12/30/2008 01/06/2009 01/07/2009
01/09/2009
01/14/2009 01/16/2009 01/20/2009 01/26/2009 02/04/2009

Mail Returned as Undeliverable. 33 Alias Summons sent to Estate of Donna Greene was returned unexecuted with the following notation "Return to Sender, Attempted − Not Known, Unable to Forward". (cc, ) (Entered: 11/19/2008)
38 NOTICE of Voluntary Dismissal pursuant to 37 Notice of Dismissal as to defendant Frank Cook. (cc, ) (Entered: 11/21/2008)
Mail Returned as Undeliverable. 30 Summons and complaint sent to Lori Williams were returned unexecuted with the following notation "Returned to Sender, Unclaimed". (cc, ) (Entered: 11/24/2008)
39 ANSWER to 1 Complaint with Jury Demand by Lori Williams.(cc, ) (Entered: 12/04/2008)
40 US MARSHAL'S ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint Executed on 12/1/2008 by personal service on Frank Cook. (cc, ) (Entered: 12/10/2008)
41 First MOTION to Amend/Correct 1 Complaint by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit Amended Complaint, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Standridge, Amber) (Entered: 12/29/2008)
42 AFFIDAVIT of Service for Complaint &Summons served on Brett Rosenbaum on 11/12/2008, filed by United States of America. (Standridge, Amber) (Entered: 12/30/2008)
43 AFFIDAVIT of Service for Complaint &Summons served on Lori Williams on 11/13/2008, filed by United States of America. (Standridge, Amber) (Entered: 12/30/2008)
44 ORDER granting 41 Motion for Leave to Amend Complaint; that the government shall file it's amended complaint on or before January 12, 2009. Signed by Hon. Chief Judge Mark E. Fuller on 1/6/2009. (cc, ) (Entered: 01/06/2009)
45 AMENDED COMPLAINT against all defendants, filed by United States of America.(Standridge, Amber) Modified on 1/8/2009 to reflect that this document contains a Jury Demand (cc, ). (Additional attachment(s) added on 1/9/2009: # 1 Corrected Amended Complaint was substituted as the original pdf contained attorneys' signatures which were not in compliance with the Administrative Procedures) (cc, ). (Entered: 01/07/2009)
46 NOTICE of Correction: 45 Amended Complaint was modified on 1/9/2009 to replace the pdf document as the original pdf contained attorneys' signatures which were not in compliance with the Administrative Procedures for Civil Cases for the Middle District of Alabama (Attachments: # 1 Corrected Document)(cc, ) (Entered: 01/09/2009)
47 Summons Issued; summons, complaint and amended complaint mailed by CMRRR to Millennia Properties, LLC, Abraham Campbell, Guest Property Sales, LLC. (cc, ) (Entered: 01/14/2009)
48 Return Receipt Card showing service of summons, complaint and amended complaint signed by: Margie Campbell for Abraham Campbell served on 1/15/2009, answer due 2/4/2009; J. Scott Wilson for Millennia Properties, LLC served on 1/15/2009, answer due 2/4/2009. (cc, ) (Entered: 01/20/2009)
49 Return Receipt Card showing service of summons, complaint and amended complaint signed by Ken Jackson for Guest Property Sales, LLC served on 1/16/2009, answer due 2/5/2009. (cc, ) (Entered: 01/20/2009)
Mail Returned as Undeliverable. Summons, complaint and amended complaint sent to Guest Property Sales, LLC was returned with the following notation "Return to Sender, No One of that Name here at this address". (cc, ) (Entered: 01/26/2009)
50 NOTICE of Appearance by Alfred T. Newell, IV on behalf of Abraham Campbell. (cc, ) (Entered: 02/04/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 12 of 42

02/04/2009 02/04/2009 03/05/2009
03/05/2009 03/05/2009 03/06/2009
03/09/2009
03/19/2009
03/19/2009 04/01/2009 04/03/2009 04/03/2009 04/03/2009 04/03/2009 04/03/2009 04/06/2009
04/08/2009
04/08/2009

51 ANSWER to 45 Amended Complaint by Abraham Campbell.(cc, ) (Entered: 02/04/2009)
COUNTERCLAIM against United States of America filed by Abraham Campbell. See 51 Answer for pdf document for this entry.(cc, ) (Entered: 02/06/2009)
52 ANSWER to 45 Amended Complaint, by Millennia Properties, LLC.(Holton, Michael) (Additional attachment(s) added on 3/5/2009: # 1 Corrected Document) (cc, ). Modified on 3/5/2009 to reflect that this Answer contains a Jury Demand and to replace the pdf document as the wrong document was attached at e−filing (cc, ). (Entered: 03/05/2009)
***Attorney Michael David Boyle for Millennia Properties, LLC added pursuant to 52 Answer. (cc, ) (Entered: 03/05/2009)
53 NOTICE of Correction: 52 Answer to Amended Complaint was modified 3/5/2009 to replace the pdf document as the wrong document was attached at e−filing. (Attachments: # 1 Corrected Document)(cc, ) (Entered: 03/05/2009)
54 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to defendant Millennia Properties, LLC. Corporate Disclosures due by 3/20/2009. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 03/06/2009)
55 MEMORANDUM OPINION AND ORDER denying Defendant Jamarlo Gumbaytay's 8 and 12 MOTIONS to Dismiss. Signed by Hon. Chief Judge Mark E. Fuller on 3/9/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 03/09/2009)
56 MOTION for Entry of Default by United States of America. (Attachments: # 1 Affidavit Severino Declaration, # 2 Exhibit Military Status Certifications, # 3 Text of Proposed Order Proposed Entry of Default)(Severino, Roger) (Entered: 03/19/2009)
***Attorney Donna M. Murphy for United States of America added pursuant to 56 Entry of Default filed on 3/19/09. (sl, ) (Entered: 03/20/2009)
57 MOTION for Alfred T. Newell to Withdraw as Attorney by Abraham Campbell. (cc, ) (Entered: 04/01/2009)
58 ORDER granting 57 Motion to Withdraw filed by Alfred T. Newell. Signed by Hon. Chief Judge Mark E. Fuller on 4/3/2009. (cc, ) (Entered: 04/03/2009)
*** Attorney Alfred T. Newell, IV terminated for defendant Abraham Campbell pursuant to 58 Order. (cc, ) (Entered: 04/03/2009)
59 First MOTION to Dismiss Defendant's Counterclaims by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Standridge, Amber) (Entered: 04/03/2009)
60 MOTION to Withdraw as Attorney of record for defendant Jamarlo K. Gumbaytay by attorney Alfred T. Newell. (cc, ) (Entered: 04/03/2009)
MEMORANDUM OF LAW in Support of 59 MOTION to Dismiss Defendant's Counterclaims filed by United States of America. See Attachment #1 to 59 Motion for pdf document for this entry. (cc, ) (Entered: 04/06/2009)
61 ORDER TO SHOW CAUSE as to why 59 Motion to Dismiss Defendant's Counterclaims filed by United States of America should not be granted; Show Cause Response due by 4/16/2009 for defendant Abraham Campbell. Signed by Hon. Chief Judge Mark E. Fuller on 4/6/2009. (cc, ) (Entered: 04/06/2009)
62 ORDER granting 60 Motion to Withdraw filed by Alfred T. Newell. Signed by Hon. Chief Judge Mark E. Fuller on 4/8/2009. (cc, ) Modified on 4/8/2009 to reflect that a copy of this order was mailed to pro se defendant Jamarlo K. Gumbaytay (cc, ). (Entered: 04/08/2009)
*** Attorney Alfred T. Newell, IV terminated as counsel for Jamarlo K. Gumbaytay pursuant to 62 Order. (cc, ) (Entered: 04/08/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 13 of 42

04/09/2009 04/10/2009 04/15/2009 04/17/2009 04/28/2009 04/29/2009 05/04/2009 05/05/2009
05/20/2009 06/19/2009
06/19/2009 06/19/2009
06/26/2009 06/26/2009
06/26/2009 06/26/2009
06/27/2009

63 Alias Summons issued as to Guest Property Sales, LLC and furnished to US Marshal for personal service. (cc, ) (Entered: 04/09/2009)
64 Clerk's ENTRY OF DEFAULT as to Sean McDonough and Brett Rosenbaum. (dph, ) (Entered: 04/10/2009)
65 MOTION to Amend/Correct Answer and Counterclaim by Abraham Campbell. (Shinbaum, Kenneth) (Entered: 04/15/2009)
66 ORDERED that the parties show cause in writing on or beefore 4/30/09 as to why the 65 Motion to Amend/Correct Answer and Counterclaim should not be granted. Signed by Hon. Chief Judge Mark E. Fuller on 4/17/09. (sl, ) (Entered: 04/17/2009)
Notice that Entry of Default will not be entered against defendants the Estate of Donna Greene and Guest Properties, LLC, as service was not adequate as to these parties. (dph, ) (Entered: 04/28/2009)
67 RESPONSE to Motion re 65 MOTION to Amend/Correct Answer and Counterclaim filed by United States of America. (Standridge, Amber) (Entered: 04/29/2009)
68 Amended ANSWER to Complaint by Abraham Campbell.(Shinbaum, Kenneth) Modified on 5/5/2009 to reflect that this Answer contains a Jury Demand (cc, ). (Entered: 05/04/2009)
69 ORDER that 65 MOTION to Amend/Correct Answer and Counterclaim filed by Abraham Campbell is granted; that Abraham Campbell shall file his amended answer and counterclaim on or before May 11, 2009; that plaintiff's 59 MOTION to Dismiss is denied as moot. Signed by Hon. Chief Judge Mark E. Fuller on 5/5/2009. (cc, ) (Entered: 05/05/2009)
70 US Marshal's ACKNOWLEDGEMENT OF SERVICE Executed of Summons, Complaint and Amended Complaint as to Guest Property Sales, LLC. (Attachments: # 1 Memo to US Marshal)(cc, ) (Entered: 05/21/2009)
71 ORDER TO SHOW CAUSE as to why the case should not be dismissed for want of prosecution as to those defendants who have failed to answer 45 Amended Complaint; Show Cause Response due by 6/26/2009 from plaintiff. Signed by Hon. Chief Judge Mark E. Fuller on 6/19/2009. (cc, ) (Entered: 06/19/2009)
72 ORDER that Rule 26 Meeting Report is due by 7/19/2009. Signed by Hon. Chief Judge Mark E. Fuller on 6/19/2009. (cc, ) (Entered: 06/19/2009)
73 Second MOTION for Entry of Default by United States of America. (Attachments: # 1 Affidavit Severino Declaration, # 2 Exhibit Guest Property Sales, LLC, Company Reinstatement Form, # 3 Exhibit Military Status Certification, # 4 Text of Proposed Order Entry of Default)(Severino, Roger) (Entered: 06/19/2009)
74 Clerk's ENTRY OF DEFAULT as to defendant Guest Property Sales, LLC (dph, ) (Entered: 06/26/2009)
75 MOTION for Entry of Default as to Seven Defendants by United States of America. (Attachments: # 1 Affidavit Declaration of Roger T. Severino, # 2 Exhibit Certificates of Military Status, # 3 Exhibit Atty. Holton Letter Re Military Status, # 4 Exhibit Proposed Entry of Default Order)(Severino, Roger) (Entered: 06/26/2009)
76 NOTICE by United States of America of Dismissal of Defendant Estate of Donna Greene (Severino, Roger) (Entered: 06/26/2009)
77 RESPONSE to order to show cause as to why case should not be dismissed filed by United States of America. (Severino, Roger) Modified on 6/29/2009 to reflect as a response to 71 show cause order not a Reply to response (qc/djy, ). (Entered: 06/26/2009)
78 RESPONSE in Opposition re 75 MOTION for Entry of Default as to Seven Defendants filed by James F. Clark, Barbara Clark. (Holton, Michael) (Entered: 06/27/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 14 of 42

06/27/2009 06/27/2009 06/27/2009 06/27/2009 06/27/2009 06/29/2009 07/17/2009 07/17/2009 07/23/2009 07/23/2009 07/23/2009 07/24/2009
07/24/2009
07/27/2009 07/31/2009
08/12/2009
08/18/2009 08/18/2009

79 RESPONSE in Opposition re 75 MOTION for Entry of Default as to Seven Defendants filed by Woody D. Franklin, Woody D. Franklin, Sr. (Holton, Michael) (Entered: 06/27/2009)
80 ANSWER to 45 Amended Complaint, by James F. Clark, Barbara Clark.(Holton, Michael) (Entered: 06/27/2009)
81 ANSWER to 45 Amended Complaint, by Woody D. Franklin, Woody D. Franklin, Sr.(Holton, Michael) (Entered: 06/27/2009)
DEMAND for Trial by Jury by James F. Clark, Barbara Clark. (NO PDF document attached to this notice−See Docket Entry 80 ). (djy, ) (Entered: 06/29/2009)
DEMAND for Trial by Jury by Woody D. Franklin, Woody D. Franklin, Sr. (NO PDF document attached to this notice−See Docket Entry 81 ). (djy, ) (Entered: 06/29/2009)
NOTICE of Docket Text Correction re 77 Reply to response to order to show cause to reflect as a response to 71 show cause order not a Reply to response (djy, ) (Entered: 06/29/2009)
82 REPORT of Rule 26(f) Planning Meeting. (DuBois, James) (Entered: 07/17/2009)
83 Response to Order re 82 Report of Rule 26(f) Planning Meeting by Woody D. Franklin, Woody D. Franklin, Sr, Millennia Properties, LLC, James F. Clark, Barbara Clark. (Holton, Michael) (Entered: 07/17/2009)
84 NOTICE of Appearance by George Lamar Beck, Jr on behalf of Guest Property Sales, LLC (Beck, George) (Entered: 07/23/2009)
85 Objection to re 73 Second MOTION for Entry of Default Judgment and Request for Stay filed by Guest Property Sales, LLC. (Beck, George) (Entered: 07/23/2009)
86 ANSWER to 45 Amended Complaint, and Affirmative Defenses by Guest Property Sales, LLC.(Beck, George) (Entered: 07/23/2009)
87 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to defendant Guest Property Sales, LLC; Corporate Disclosures due by 8/7/2009. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 07/24/2009)
88 SCHEDULING ORDER: Final Pretrial Conference set for 4/9/2010 in chambers before Hon. Chief Judge Mark E. Fuller; Jury Trial set for 5/3/2010 trial term in Montgomery before Hon. Chief Judge Mark E. Fuller; Amended Pleadings due by 11/16/2009; Discovery due by 2/10/2010; Motions due by 1/15/2010; Mediation Notice due by 2/10/2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/24/2009. (cc, ) (Entered: 07/24/2009)
89 Corporate/Conflict Disclosure Statement by Guest Property Sales, LLC. (Beck, George) (Entered: 07/27/2009)
90 VACATED PURSUANT TO 134 ORDER. SCHEDULING ORDER: Final Pretrial Conference set for 4/9/2010 in chambers before Hon. Chief Judge Mark E. Fuller; Jury Trial set for 5/3/2010 trial term in Montgomery before Hon. Chief Judge Mark E. Fuller; Amended Pleadings due by 11/16/2009; Discovery due by 2/10/2010; Motions due by 1/15/2010; Mediation Notice due by 2/10/2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/31/2009. (cc, ) Modified on 1/22/2010 (jg, ). (Entered: 07/31/2009)
91 REPLY to 85 Response to Motion re 73 Second MOTION for Entry of Default filed by United States of America. (Attachments: # 1 Exhibit Waiver of Service of Summons and Cover Letter)(Severino, Roger) Modified on 8/13/2009 to create a link with 85 Response (cc, ). (Entered: 08/12/2009)
92 RESPONSE to 75 MOTION for Entry of Default as to Seven Defendants filed by Jamarlo K. Gumbaytay. (br, ) (Entered: 08/19/2009)
DEMAND for Trial by Jury by Jamarlo K. Gumbaytay. See 92 Response for PDF. (br, ) (Entered: 08/19/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 15 of 42

09/21/2009 09/21/2009 09/22/2009 09/28/2009 10/05/2009
10/13/2009 10/19/2009 10/19/2009 10/20/2009
10/21/2009
10/28/2009
11/16/2009 11/16/2009 11/18/2009

93 NOTICE of Appearance by William Evans Brittain on behalf of Lori Williams (Brittain, William) (Entered: 09/21/2009)
94 ANSWER to 45 Amended Complaint, by Lori Williams.(Brittain, William) (Entered: 09/21/2009)
95 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to defendant Lori Williams; Corporate Disclosures due by 10/6/2009. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 09/22/2009)
96 Corporate/Conflict Disclosure Statement by Lori Williams re 95 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Brittain, William) (Entered: 09/28/2009)
97 MEMORANDUM OPINION AND ORDER that plaintiff's 75 MOTION for Entry of Default is DENIED; that Jamarlo Gumbaytay and Matthew Bahr file an answer to Plaintiff's Amended Complaint no later than October 19, 2009. Signed by Hon. Chief Judge Mark E. Fuller on 10/5/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, ) Mailed to Matthew Bahr by both regular mail and CMRRR with copy of Amended Complaint and Motion for Entry of Default as directed. (Entered: 10/05/2009)
98 Return Receipt Card showing service of 97 Opinion and Order signed by Matthew W. Bahr on 10/8/09. (sl, ) (Entered: 10/15/2009)
99 MOTION to Dismiss for Lack of Evidence by Jamarlo K. Gumbaytay. (cc, ) (Entered: 10/19/2009)
Alternative MOTION for Summary Judgment by Jamarlo K. Gumbaytay. See 99 Motion to Dismiss for pdf document for this entry. (cc, ) (Entered: 10/20/2009)
100 VACATED PURSUANT TO 101 ORDER. ORDER re Defendant Jamarlo Gumbaytay's 99 Motion to Dismiss or, in the alternative, Motion for Summary Judgment; that Plaintiff shall be required to show cause why this motion should not be granted. Signed by Hon. Chief Judge Mark E. Fuller on 10/20/2009. (cc, ) Modified on 10/21/2009 (cc, ). (Entered: 10/20/2009)
101 ORDER re Defendant Jamarlo Gumbaytay's 99 Motion to Dismiss for Lack of Evidence, which the Court construes as a Motion to Dismiss, or, in the alternative, a Motion for Summary Judgment; VACATING 100 Order; that Plaintiff shall be required to show cause why this motion should not be granted by no later than 5:00 p.m. on Wednesday, October 28; that Defendant may file a reply by no later than 5:00 p.m. on Monday, November 2. Signed by Hon. Chief Judge Mark E. Fuller on 10/21/2009. (cc, ) (Entered: 10/21/2009)
102 BRIEF/MEMORANDUM in Opposition re MOTION for Summary Judgment, 99 MOTION to Dismiss filed by United States of America. (Attachments: # 1 Burt Declaration, # 2 Edwards Declaration, # 3 Jones Declaration, # 4 Julian Declaration, # 5 Kemp Declaration, # 6 Manning Declaration, # 7 Scroggins Declaration, # 8 Webb Declaration, # 9 Williams Declaration, # 10 Exhibit 2, # 11 Exhibit 1)(Standridge, Amber) (Entered: 10/28/2009)
103 MOTION to Amend/Correct 45 Amended Complaint, by United States of America. (Standridge, Amber) (Entered: 11/16/2009)
104 BRIEF/MEMORANDUM in Support re 103 MOTION to Amend/Correct 45 Amended Complaint, filed by United States of America. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Standridge, Amber) (Entered: 11/16/2009)
105 Application to the Clerk for Entry of Default Against Matthew Bahr by United States of America. (Attachments: # 1 Affidavit Severino Declaration, # 2 Exhibit Military Service Certification, # 3 Text of Proposed Order)(Severino, Roger) Modified on 11/19/2009 to reflect that this document is an Application to the Clerk for Entry of Default and should not have been filed as a Motion to the Court (cc, ). (Entered: 11/18/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 16 of 42

11/19/2009
11/19/2009
11/23/2009 11/23/2009
11/25/2009 11/30/2009 12/08/2009 12/10/2009 12/16/2009 12/17/2009 12/17/2009 12/17/2009
12/28/2009 12/28/2009 12/28/2009 12/28/2009 12/28/2009 12/29/2009
12/29/2009

NOTICE of Docket Text Correction: 105 Second MOTION for Entry of Default was modified on 11/19/2009 to reflect that this document is an Application to the Clerk for Entry of Default and should not have been filed as a Motion to the Court. (cc, ) (Entered: 11/19/2009)
106 ORDER granting the government's 103 Motion to Amend/Correct Amended Complaint; that the government shall file its amended complaint on or before November 23, 2009. Signed by Hon. Chief Judge Mark E. Fuller on 11/19/2009. (cc, ) (Entered: 11/19/2009)
107 AMENDED COMPLAINT Second against all defendants, filed by United States of America.(Standridge, Amber) (Entered: 11/23/2009)
108 MEMORANDUM OPINION AND ORDER that Gumbaytay's 99 MOTION to Dismiss is DENIED; that Gumbaytay's 99 MOTION for Summary Judgment is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 11/23/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 11/23/2009)
109 Clerk's ENTRY OF DEFAULT as to defendant Matthew Bahr. (cc, ) (Entered: 11/25/2009)
110 NOTICE of Voluntary Dismissal as to defendant Estate of Donna Greene pursuant to 76 Notice of Dismissal. (cc, ) (Entered: 11/30/2009)
111 Answer and Affirmative Defenses ANSWER to 107 Amended Complaint Second by Guest Property Sales, LLC.(Beck, George) (Entered: 12/08/2009)
112 Summons Issued; Summons and Second Amended Complaint mailed by CMRRR to Jewel Manahan, Todd Chamelin, Terrill Jorgensen, and Loretta Cates. (cc, ) (Entered: 12/10/2009)
114 Return Receipt Card showing service of summons and Second Amended Complaint signed by Heidi Chamelin for Todd Chamelin served on 12/14/2009, answer due 1/4/2010. (cc, ) (Entered: 12/17/2009)
113 ANSWER to 107 Amended Complaint by Lori Williams.(Brittain, William) (Entered: 12/17/2009)
115 Return Receipt Card showing service of summons and Second Amended Complaint signed by Matthew W. Bahr for Jewel Manahan served on 12/12/2009, answer due 1/4/2010. (cc, ) (Entered: 12/17/2009)
Mail Returned as Undeliverable. Summons and Second Amended Complaint sent to Loretta Cates was returned unexecuted with the following notation "Returned to Sender, Undeliverable as Addressed, Unable to Forward". (cc, ) (Entered: 12/17/2009)
116 ANSWER to 107 Amended Complaint Second by Todd Chamelin.(Holton, Michael) (Entered: 12/28/2009)
117 ANSWER to 107 Amended Complaint Second by James F. Clark, Barbara Clark.(Holton, Michael) (Entered: 12/28/2009)
118 ANSWER to 107 Amended Complaint Second by Woody D. Franklin, Woody D. Franklin, Sr.(Holton, Michael) (Entered: 12/28/2009)
119 ANSWER to 107 Amended Complaint Second by Millennia Properties, LLC.(Holton, Michael) (Entered: 12/28/2009)
120 MOTION to Continue by Todd Chamelin. (Holton, Michael) (Entered: 12/28/2009)
121 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Millennia Properties, LLC; Corporate Disclosures due by 1/8/2010. (Attachments: # 1 standing order and format)(djy, ) (Entered: 12/29/2009)
122 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Abraham Campbell; Corporate Disclosures due by 1/8/2010. (Attachments: # 1 standing order and format)(djy, ) (Entered: 12/29/2009)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 17 of 42

12/29/2009 01/04/2010
01/04/2010 01/04/2010 01/07/2010 01/07/2010 01/08/2010 01/08/2010 01/13/2010 01/15/2010 01/15/2010 01/19/2010
01/22/2010 01/25/2010
01/25/2010 01/29/2010

123 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Todd Chamelin; Corporate Disclosures due by 1/8/2010. (Attachments: # 1 standing order and format)(djy, ) (Entered: 12/29/2009)
124 ORDER that Plaintiff shall be required to show cause why 120 Motion to Continue filed by Todd Chamelin should not be granted by no later than 5:00 p.m. on Tuesday, January 12; that Defendant may file a reply by no later than 5:00 p.m. on Friday, January 15. Signed by Hon. Chief Judge Mark E. Fuller on 1/4/2010. (cc, ) (Entered: 01/04/2010)
125 MOTION for leave of court due to medical conditions and extension of time to answer interrogatories by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit A)(jg, ) (Entered: 01/05/2010)
126 ANSWER and affirmative defenses to 107 Second Amended Complaint by Jewel Manahan.(jg, ) (Entered: 01/05/2010)
127 RESPONSE to Motion re 120 MOTION to Continue filed by United States of America. (Standridge, Amber) (Entered: 01/07/2010)
Mail Returned as Undeliverable. 112 Summons and 107 Second Amended Complaint sent to Terrill Jorgensen was returned with the following USPS notation, "Returned To Sender, Unclaimed." Counsel for Plf is notified via this notice and by telephone. (wcl, ) (Entered: 01/07/2010)
128 Corporate/Conflict Disclosure Statement by Todd Chamelin re 123 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Holton, Michael) (Entered: 01/08/2010)
129 Corporate/Conflict Disclosure Statement by Millennia Properties, LLC re 121 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Holton, Michael) (Entered: 01/08/2010)
130 Corporate/Conflict Disclosure Statement by Abraham Campbell re 122 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Shinbaum, Kenneth) (Entered: 01/13/2010)
131 First MOTION for Summary Judgment by Lori Williams. (Brittain, William) (Entered: 01/15/2010)
132 BRIEF/MEMORANDUM in Support re 131 First MOTION for Summary Judgment filed by Lori Williams. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Brittain, William) (Entered: 01/15/2010)
133 ORDER re 131 MOTION for Summary Judgment; that the government file a response which shall include a brief and any evidentiary materials on or before February 2, 2010; that the defendant may file a reply brief on or before February 9, 2010; Motion Submission Deadline set for 2/9/2010. Signed by Hon. Chief Judge Mark E. Fuller on 1/19/2010. (jg, ) (Entered: 01/19/2010)
134 ORDER granting 120 MOTION to Continue ; vacating 90 Scheduling Order; Rule 26 Meeting Report due by 2/18/2010. Signed by Hon. Chief Judge Mark E. Fuller on 1/22/2010. (jg, ) Deadlines terminated: 4/9/2010 Pretrial and 5/3/2010 Jury Trial (Entered: 01/22/2010)
135 Supplement to 131 MOTION for Summary Judgment WITH EXECUTED EXHIBIT 1, AFFIDAVIT OF LORI WILLIAMS by Lori Williams. (Attachments: # 1 Exhibit AFFIDAVIT OF LORI WILLIAMS)(Brittain, William) Modified on 1/25/2010 to reflect that this is a Supplement to 131 Motion rather than a new motion and to create a link with that document (cc, ). (Entered: 01/25/2010)
NOTICE of Docket Text Correction: 135 Supplement to MOTION for Summary Judgment was modified on 1/25/2010 to reflect that this is a Supplement to 131 Motion rather than a supplemental motion as initially entered on the docket.(cc, ) (Entered: 01/25/2010)
136 Alias Summons issued; Alias summons and second amended complaint mailed by CMRRR to Loretta Cates. (jg, ) (Entered: 01/29/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 18 of 42

01/29/2010 02/02/2010
02/03/2010 02/09/2010 02/11/2010
02/11/2010 02/16/2010 02/16/2010 02/18/2010 02/18/2010 02/22/2010 02/24/2010
03/02/2010 03/04/2010 03/15/2010

137 Alias Summons issued; Alias summons and second amended complaint mailed by CMRR to Terrill Jorgensen. (jg, ) Modified on 1/29/2010 (jg, ). (Entered: 01/29/2010)
138 BRIEF/MEMORANDUM in Opposition re 131 First MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 Exhibit Manning Declaration, # 2 Exhibit Williams Resp. to Interrogatories, # 3 Exhibit Manning Documents Concerning Tenancy from Gumbaytay and Williams, # 4 Exhibit Decl. of Amber Standridge)(Standridge, Amber) Document has been edited to restrict access to personal information pursuant to the E−Government Act. (Additional attachment(s) added on 2/11/2010: # 5 Corrected Certiicate of Service) (jg, ). (Additional attachment(s) added on 2/18/2010: # 6 Redacted Exhibit 2, # 7 Redacted Exhibit 3) (jg, ). (Entered: 02/02/2010)
139 Return Receipt Card showing service of Alias Summons and Complaint signed by Loretta Cates for Loretta Cates served on 2/1/2010, answer due 2/22/2010. (jg, ) (Entered: 02/03/2010)
140 REPLY BRIEF re 138 BRIEF/MEMORANDUM in Opposition, filed by Lori Williams. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Brittain, William) (Entered: 02/09/2010)
141 ORDER granting 125 Motion for Extension of time to respond to discovery; Defendant Gumbaytay may respond to the outstanding discovery requests on or before February 25, 2010; the Clerk of Court is DIRECTED to place the medical records attached to the motion under seal. Signed by Honorable Susan Russ Walker on 2/11/2010. (jg, ) (Entered: 02/11/2010)
142 NOTICE of Correction 138 BRIEF/MEMORANDUM in Opposition (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 02/11/2010)
143 MOTION for Leave to File Corrected Declaration of Amber Standridge by United States of America. (Attachments: # 1 Corrected Declaration of Amber Standridge)(Standridge, Amber) (Entered: 02/16/2010)
144 ANSWER and Affirmative Defenses to 107 Second Amended Complaint by Loretta Cates.(jg, ) (Entered: 02/16/2010)
145 ORDER granting 143 Motion for Leave to File Corrected Declaration of Amber Standridge. Signed by Hon. Chief Judge Mark E. Fuller on 2/18/2010. (jg, ) (Entered: 02/18/2010)
146 REPORT of Rule 26(f) Planning Meeting. (Standridge, Amber) (Entered: 02/18/2010)
Mail Returned as Undeliverable. Alias summons and complaint sent to Terrill Jorgensen was returned with filing notation "Return to Sender Unclaimed." (jg, ) (Entered: 02/22/2010)
147 SCHEDULING ORDER: Final Pretrial Conference is scheduled for 4/7/2011 before Hon. Chief Judge Mark E. Fuller in Montgomery, Alabama. Jury Trial set for 5/23/2011 trial term in Montgomery, before Hon. Chief Judge Mark E. Fuller. Amended Pleadings due by 4/26/2010. Discovery due by 4/1/2011. Dispositive Motions due by 6/25/2010. Mediation Notice due by 7/21/2010. Signed by Hon. Chief Judge Mark E. Fuller on 2/24/2010. (jg, ) Modified on 2/25/2010 to clarify text (jg, ). (Entered: 02/24/2010)
148 MOTION for Protective Order by Lori Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brittain, William) (Entered: 03/02/2010)
149 PROTECTIVE ORDER: Motion for protective order 148 Granted. Signed by Honorable Susan Russ Walker on 3/4/2010. (jg, ) (Entered: 03/04/2010)
150 STRICKEN AS DISCOVERY PURSUANT TO LOCAL RULE 5.1 RESPONSE to Discovery Request by Abraham Campbell.(Shinbaum, Kenneth) (Additional attachment(s) added on 3/18/2010: # 1 Corrected Document) (jg, ). Modified on 3/25/2010 (jg, ). (Entered: 03/15/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 19 of 42

03/15/2010 03/18/2010 03/23/2010
03/25/2010 03/26/2010 03/30/2010 03/31/2010 03/31/2010 03/31/2010 04/02/2010 04/05/2010
04/06/2010 04/06/2010 04/08/2010 04/12/2010

151 STRICKEN AS DISCOVERY PURSUANT TO LOCAL RULE 5.1 ANSWER to Interrogatories from Abraham Campbell by Abraham Campbell.(Shinbaum, Kenneth) (Additional attachment(s) added on 3/18/2010: # 1 Corrected Document) (jg, ). Modified on 3/25/2010 (jg, ). (Entered: 03/15/2010)
152 NOTICE of Correction: 150 Response to Discovery and 151 Answer to Interrogatories were e−filed with an incorrect certificate of service. The correct document is attached to this notice. (Attachments: # 1 Corrected Document, # 2 Corrected Document)(jg, ) (Entered: 03/18/2010)
153 ORDER; that the Court hereby provides notice to the plaintiff that the Court finds that plaintiff has failed to cause service to be made upon the following defendant: Terrill Jorgensen, within 120 days after the filing of the Complaintin this action. It is the present intention of this Court to dismiss all claims against Terrill Jorgensen without prejudice on March 31, 2010, unless plaintiff shows good cause for its failure to comply with Federal Rule of Civil Procedure 4 before that date. Show Cause Response due by 3/31/2010. Signed by Hon. Chief Judge Mark E. Fuller on 3/23/2010. (jg, ) (Entered: 03/23/2010)
154 NOTICE of Non−Compliance: 151 Answer to Interrogatories, 150 Response to Discovery have been stricken as discovery pursuant to local rule 5.1 (Attachments: # 1 Local Rule 5.1)(jg, ) Modified on 3/25/2010 to clarify text (jg, ). (Entered: 03/25/2010)
155 US MARSHAL'S ACKNOWLEDGEMENT OF SERVICE of "unsigned" summons and complaint as to Terrill Jorgensen executed 3/19/2010.(jg, ) Modified on 3/30/2010 to clarify text (jg, ). (Entered: 03/29/2010)
156 MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Severino, Roger) (Entered: 03/30/2010)
157 MOTION for Extension of Deadline Service of Summons re 153 Order to Show Cause,, by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Standridge, Amber) (Entered: 03/31/2010)
158 Summons Issued and returned to US Attorney's office for personal service as to Terrill Jorgensen. (jg, ) (Entered: 04/01/2010)
Response to 153 Order to Show Cause filed by United States of America. No pdf for this docket entry, see 157 for this entry. (jg, ) (Entered: 04/05/2010)
159 US MARSHAL'S ACKNOWLEDGEMENT OF SERVICE to summons and amended complaint executed 3/31/2010 as to Terrill Jorgensen accepted by Ms. Tiffany Taylor paralegal to Michael Guy Holton. (jg, ) (Entered: 04/05/2010)
160 ORDER; Upon consideration of the government's Response to the Order to Show Cause 157 filed on March 31, 2010 which the Court construes to contain a motion to extend time, it is hereby ORDERED that the motion is GRANTED to and including April 2, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 4/5/2010. (jg, ) (Entered: 04/05/2010)
161 ANSWER to Complaint with Jury Demand by Terrill Jorgensen.(Holton, Michael) (Additional attachment(s) added on 4/8/2010: # 1 Corrected Certificate of Service) (jg, ). Modified on 4/8/2010 to clarify text (jg, ). (Entered: 04/06/2010)
162 Corporate/Conflict Disclosure Statement by Terrill Jorgensen. (Holton, Michael) (Additional attachment(s) added on 4/8/2010: # 1 Corrected Certificate of Service) (jg, ). Modified on 4/8/2010 to clarify text (jg, ). (Entered: 04/06/2010)
163 NOTICE of Correction: 161 Answer to Complaint, 162 Corporate/Conflict Disclosure Statement was e−filed with an incorrect certificate of service. The corrected document is attached to this notice. (Attachments: # 1 Corrected Certificated of Service)(jg, ) (Entered: 04/08/2010)
164 PROTECTIVE ORDER; Plaintiff's motion for protective order 156 filed March 30, 2010 is granted; protecting discovery as further set out in this order. Signed by Honorable Susan Russ Walker on 4/12/2010. (jg, ) (Entered: 04/12/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 20 of 42

04/26/2010 04/26/2010 04/27/2010
04/29/2010 05/03/2010 05/06/2010 05/07/2010 05/17/2010 05/18/2010
05/25/2010 05/26/2010 05/27/2010 05/27/2010 05/27/2010
05/27/2010

165 MOTION to Amend/Correct 107 Amended Complaint by United States of America. (Attachments: # 1 Proposed Third Amended Complaint)(Standridge, Amber) (Entered: 04/26/2010)
166 BRIEF/MEMORANDUM in Support re 165 MOTION to Amend/Correct 107 Amended Complaint filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Standridge, Amber) (Entered: 04/26/2010)
167 ORDER; Upon consideration of the government's Motion for Leave to Amend Complaint 165 filed on April 26, 2010, it is hereby ORDERED that the motion is GRANTED. The government shall file its amended complaint on or before May 7, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 4/27/2010. (jg, ) (Entered: 04/27/2010)
168 AMENDED COMPLAINT THIRD adding parties Margie Campbell and Bruce Dunn against all defendants, filed by United States of America.(Standridge, Amber) Modified on 4/30/2010 to add parties (jg, ). (Entered: 04/29/2010)
169 Summons Issued: Summons and Third Amended Complaint sent by CMRRR as to Margie Campbell and Bruce D. Dunn.(jg, ) (Entered: 05/03/2010)
170 Return Receipt Card showing service of summons and Third amended complaint signed by Margie Campbell for Margie Campbell served on 5/5/2010, answer due 5/26/2010. (jg, ) Modified on 5/13/2010 to clarify text (jg, ). (Entered: 05/06/2010)
171 Return Receipt Card showing service of summons and Third amended complaint signed by Bryana Dunn for Bruce E Dunn answer due 5/27/2010. (jg, ) Modified on 5/13/2010 to clarify text (jg, ). (Entered: 05/07/2010)
172 ANSWER to 168 Amended Complaint by Guest Property Sales, LLC.(Beck, George) (Additional attachment(s) added on 5/18/2010: # 1 Corrected Certiicate of Service) (jg, ). (Entered: 05/17/2010)
173 NOTICE of Correction 172 Answer to Amended Complaint is being filed this date to advise that the referenced document was e−filed on 5/17/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 05/18/2010)
174 Margie Campbell's ANSWER to 168 Amended Complaint by Margie Campbell.(Shinbaum, Kenneth) (Additional attachment(s) added on 5/26/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 05/25/2010)
175 NOTICE of Correction 174 Answer to Amended Complaint did not have a completed certificate of service attached. The last page of the certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 05/26/2010)
176 ANSWER to 168 Amended Complaint by Terrill Jorgensen.(Holton, Michael) Modified on 5/28/2010 to reflect that this Answer contains a Jury Demand (cc, ). (Additional attachment(s) added on 6/2/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 05/27/2010)
177 ANSWER to 168 Amended Complaint by Todd Chamelin.(Holton, Michael) Modified on 5/28/2010 to reflect that this Answer contains a Jury Demand (cc, ). (Additional attachment(s) added on 6/2/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 05/27/2010)
178 STRICKEN PURSUANT TO 418 ORDER: ANSWER to 168 Amended Complaint by Millennia Properties, LLC.(Holton, Michael) Modified on 5/28/2010 to reflect that this Answer contains a Jury Demand (cc, ). (Additional attachment(s) added on 6/2/2010: # 1 Corrected Certificate of Service) (jg, ). Modified on 8/16/2011 (jg, ). (Entered: 05/27/2010)
179 ANSWER to 168 Amended Complaint by Barbara Clark, James F. Clark.(Holton, Michael) Modified on 5/28/2010 to reflect that this Answer contains a Jury Demand (cc, ). (Additional attachment(s) added on 6/2/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 05/27/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 21 of 42

05/27/2010 06/02/2010
06/07/2010 06/08/2010
06/15/2010 07/20/2010 07/21/2010 07/22/2010 07/23/2010 07/26/2010
07/26/2010 08/09/2010 08/10/2010

180 ANSWER to 168 Amended Complaint by Woody D. Franklin, Woody D. Franklin, Sr.(Holton, Michael) Modified on 5/28/2010 to reflect that this Answer contains a Jury Demand (cc, ). (Additional attachment(s) added on 6/2/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 05/27/2010)
181 NOTICE of Correction: 176 Answer to Amended Complaint, 177 Answer to Amended Complaint, 178 Answer to Amended Complaint, 179 Answer to Amended Complaint, 180 Answer to Amended Complaint; Notice of Correction is being filed this date to advise that the referenced documents were filed on 5/27/2010 and did not have a corrected certificate of service attached. (Attachments: # 1 Corrected Certificate of Service)(jg, ) Modified on 6/3/2010 to correct typographical error (jg, ). (Entered: 06/02/2010)
182 MOTION to Withdraw as Attorney by Millennia Properties, LLC. (Holton, Michael) (Main Document 182 replaced on 6/8/2010) (jg, ). (Entered: 06/07/2010)
183 NOTICE of Correction to 182 MOTION to Withdraw as Attorney. Notice of Correction is being filed this date to advise that the referenced document that was filed on 6/7/2010 reflected the wrong plaintiff on the certificate of service. The corrected Motion to Withdraw as Attorney by Millennia Properties, LLC is attached to this notice (Attachments: # 1 Corrected Motion to Withdraw as Attorney)(jg, ) (Entered: 06/08/2010)
184 ORDER; Upon consideration of the Motion to Withdraw as Counsel 182 filed on June7, 2010, it is hereby ORDERED that the motion is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 6/15/2010. (jg, ) (Entered: 06/15/2010)
185 NOTICE of Appearance by Jeffrey Wilson Smith on behalf of Jamarlo K. Gumbaytay (Smith, Jeffrey) (Main Document 185 replaced on 7/21/2010) (jg, ). Modified on 7/21/2010 to replace with correct certificate of service (jg, ). (Entered: 07/20/2010)
186 NOTICE of Correction re 185 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced document was filed on7/20/2010 and did not have a corrected certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Notice of Appearance)(jg, ) (Entered: 07/21/2010)
187 Notice of Mediation and Settlement Conference by United States of America (Attachments: # 1 Declaration of Roger Severino, # 2 Exhibit 1)(Severino, Roger) (Additional attachment(s) added on 7/26/2010: # 3 Corrected Certificate of Service) (jg, ). (Entered: 07/22/2010)
188 ORDER regarding the Court's mediation program as further set out. Signed by Hon. Chief Judge Mark E. Fuller on 7/23/2010. (jg, ) (Entered: 07/23/2010)
189 NOTICE of Correction re 187 Notice of Mediation and Settlement Conference: Notice of Correction is being filed this date to advise that the referenced document was filed on 7/22/2010 and did not have a corrected certificate of service attached listing all the attorneys of record. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 07/26/2010)
190 ORDER; that pro se defendant Jewel Manahan shall be required to show cause why she should not be sanctioned for failing to participate in the settlement conference by no later than 5:00 p.m. on Friday, August 20, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/26/2010. (jg, ) (Entered: 07/26/2010)
191 STRICKEN AS DISCOVERY PURSUANT TO LOCAL RULE 5.1: INTERROGATORIES Propounded to United States of America by Jamarlo K. Gumbaytay.(Smith, Jeffrey) Modified on 8/10/2010 to strike discovery (jg, ). (Entered: 08/09/2010)
192 NOTICE of Non−Compliance to 191 Interrogatories Propounded. This document is discovery and is not allowed pursuant to Local Rule 5.1 NON−FILING OF CIVIL DISCOVERY. The document is hereby STRICKEN from the record and the parties are instructed to disregard the entry of this document on the court's docket. Parties should be aware that the striking of this entry does not affect their

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 22 of 42

08/20/2010 08/20/2010 08/23/2010
08/30/2010 09/09/2010
10/01/2010 10/05/2010 10/05/2010 10/06/2010
10/07/2010
10/07/2010 10/07/2010

responsibilities as to the discovery process. (Attachments: # 1 Local Rule 5.1)(jg, ) (Entered: 08/10/2010)
193 RESPONSE TO 190 Order to Show Cause by Jewel Manahan. (jg, ) (Entered: 08/20/2010)
194 NOTICE of Deficiency to 193 Response to Order to Show Cause: The referenced document filed on 8/20/2010 did not have a certificate of service attached. The listed deficiency must be corrected within 10 days from the date of this notice. (jg, ) (Entered: 08/20/2010)
195 ORDER; that on or before August 30, 2010, defendant Jewel Manahan and counsel for the plaintiff shall conduct a face−to−face settlement conference at which they shall engage in good faith settlement negotiations. If settlement cannot be reached, they shall also discuss whether mediation will assist the parties in reaching settlement. Not more than FIVE (5) DAYS after this conference, counsel for the plaintiff shall file a pleading titled "Amended Notice Concerning Settlement Conference and Mediation." Signed by Hon. Chief Judge Mark E. Fuller on 8/23/2010. (jg, ) (Entered: 08/23/2010)
196 Amended Notice of Mediation and Settlement Conference by United States of America (Attachments: # 1 Affidavit Severino Declaration, # 2 Exhibit 1)(Severino, Roger) Modified on 8/30/2010 to clarify text (jg, ). (Entered: 08/30/2010)
197 MEMORANDUM OPINION AND ORDER that Williams' 131 MOTION for Summary Judgment is GRANTED in part and DENIED in part. It is granted in that Williams is not vicariously liable for punitive damages for any actions taken by Gumbaytay found to violate the Fair Housing Act. It is denied in all other respects. Signed by Hon. Chief Judge Mark E. Fuller on 9/9/2010. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 09/09/2010)
198 MOTION to Compel Discovery by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Smith, Jeffrey) (Entered: 10/01/2010)
199 MOTION for Reconsideration or in the Alternative, Motion to Certify for Interlocutory Appeal by Lori Williams. (Brittain, William) (Additional attachment(s) added on 10/6/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/05/2010)
200 NOTICE of Appearance by Emily Coody Marks on behalf of Lori Williams (Marks, Emily) (Additional attachment(s) added on 10/6/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/05/2010)
201 NOTICE of Correction re 199 MOTION for Reconsideration or in the Alternative, Motion to Certify for Interlocutory Appeal; 200 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced documents were filed on 10/5/2010 and did not have a correct certificate of service attached. The corrected pdfs are attached to this notice. (Attachments: # 1 Corrected Certificate of Service Motion, # 2 Corrected Certificate of Service to Notice)(jg, ) (Entered: 10/06/2010)
202 ORDER directing that, upon consideration of the defendant Lori William's 199 Motion to Reconsider, or in the Alternative, Motion to Certify for Interlocutory Appeal filed on October 5, 2010, it is hereby ORDERED that the parties show cause in writing on or before October 15, 2010 as to why the motion should not be granted. Signed by Hon. Chief Judge Mark E. Fuller on 10/7/10. (scn, ) (Entered: 10/07/2010)
203 NOTICE of Appearance by Micheal Stewart Jackson on behalf of Terrill Jorgensen (Jackson, Micheal) (Additional attachment(s) added on 10/8/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/07/2010)
204 NOTICE of Appearance by Micheal Stewart Jackson on behalf of Woody D. Franklin, Sr (Jackson, Micheal) (Additional attachment(s) added on 10/8/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/07/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 23 of 42

10/08/2010 10/08/2010
10/14/2010 10/18/2010
10/21/2010 10/21/2010
10/21/2010 10/21/2010 10/22/2010 10/22/2010 10/25/2010 10/25/2010 10/26/2010

205 ORDER; that plaintiff shall file a response to 198 motion to compel on or before October 21, 2010; that a hearing on the motion is set for 10:00 a.m. on October 27, 2010 as further set out. Signed by Honorable Susan Russ Walker on 10/8/2010. (jg, ) (Entered: 10/08/2010)
206 NOTICE of Correction to 204 Notice of Appearance and 203 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced documents were filed on 10/7/2010 and did not have a correct certificate of service attached. The corrected certificates of service are attached to this notice. (Attachments: # 1 Corrected Certificate of Service to Notice of Appearance, # 2 Corrected Certificate of Service to Notice of Appearance)(jg, ) (Entered: 10/08/2010)
207 MOTION for Extension of Deadline re 199 MOTION for Reconsideration or in the Alternative, Motion to Certify for Interlocutory Appeal, 202 Order to Show Cause, by United States of America. (Standridge, Amber) (Additional attachment(s) added on 10/18/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/14/2010)
208 NOTICE of Correction re 207 MOTION for Extension of Deadline re 199 MOTION for Reconsideration or in the Alternative, Motion to Certify for Interlocutory Appeal, 202 Order to Show Cause: Notice of Correction is being filed this date to advise that the referenced document was filed on 10/14/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 10/18/2010)
209 ORDER; that the pretrial conference set in this case for April 7, 2011 is rescheduled for April 5, 2011 in the Chambers of the undersigned, United States Courthouse, One Church Street, A−300, Montgomery, Alabama. Signed by Hon. Chief Judge Mark E. Fuller on 10/21/2010. (jg, ) PRETRIAL CONFERENCE FOR 4/7/2011 TERMINATED; RESET FOR 4/5/2011 (Entered: 10/21/2010)
210 ORDER; Upon consideration of the government's Unopposed Motion for Extension of the Deadline to Respond to Defendant Williams' Motion for Reconsideration or Certification for Interlocutory Appeal 207 filed on October 14, 2010, it is hereby ORDERED that the motion is GRANTED to and including October 29, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 10/21/2010. (jg, ) (Entered: 10/21/2010)
211 RESPONSE in Opposition re 198 MOTION to Compel Discovery filed by United States of America. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Standridge, Amber) (Entered: 10/21/2010)
Reset Deadlines: Show Cause Response due by 10/29/2010 pursuant to 210 order. (jg, ) (Entered: 10/22/2010)
212 MOTION to Withdraw 198 MOTION to Compel Discovery by Jamarlo K. Gumbaytay. (Smith, Jeffrey) (Additional attachment(s) added on 10/22/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 10/22/2010)
213 NOTICE of Correction re 212 MOTION to Withdraw 198 MOTION to Compel Discovery: Notice of Correction is being filed this date to advise that the referenced document was filed on 10/22/2010 and did not have a correct certificate of service attached. The corrected certificate is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 10/22/2010)
214 Corporate/Conflict Disclosure Statement by Jamarlo K. Gumbaytay. (Smith, Jeffrey) (Entered: 10/25/2010)
215 ORDER granting 212 Withdrawal of Motion to Compel Discovery. Signed by Honorable Susan Russ Walker on 10/25/2010. (jg, ) (Entered: 10/25/2010)
216 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Loretta Cates. Corporate Disclosures due by 11/5/2010. (Attachments: # 1 Corporate Conflict Standing Order)(jg, ) (Entered: 10/26/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 24 of 42

10/27/2010 10/27/2010 10/28/2010
10/29/2010 11/02/2010 11/02/2010 11/04/2010
11/04/2010 11/04/2010
11/05/2010 11/08/2010 11/09/2010
11/09/2010 11/10/2010

217 MOTION to Quash Subpoena by Central Alabama Fair Housing Center. (Attachments: # 1 Subpoena)(jg, ) (Additional attachment(s) added on 10/28/2010: # 2 Corrected Certificate of Service) (jg, ). (Entered: 10/28/2010)
***Attorney Faith Rochelle Cooper for Central Alabama Fair Housing Center added pursuant to 217 motion. (jg, ) (Entered: 10/28/2010)
218 NOTICE of Correction re 217 MOTION to Quash Subpoena: Notice of Correction is being filed this date to advise that the referenced document was filed on 10/27/2010 and did not have a correct certificate of service attached. The corrected certificate is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 10/28/2010)
219 RESPONSE in Opposition re 199 MOTION for Reconsideration or in the Alternative, Motion to Certify for Interlocutory Appeal filed by United States of America. (Standridge, Amber) (Entered: 10/29/2010)
220 MOTION for Determination as to Privilege construed as a Motion to Compel by Woody D. Franklin, Sr, Jamarlo K. Gumbaytay, Terrill Jorgensen, Lori Williams. (Smith, Jeffrey) Modified on 1/19/2011 to clarify text (jg, ). (Entered: 11/02/2010)
***Attorney Holbrook E. Reid for Lori Williams added pursuant to 220 motion. (jg, ) (Entered: 11/03/2010)
221 ORDER; Upon consideration of Non−Party Central Alabama Fair Housing Center's motion to quash 217 filed on October 27, 2010, and for good cause, it is ORDERED that the motion be and hereby is DENIED without prejudice as further set out. Signed by Honorable Susan Russ Walker on 11/4/2010. (jg, ) (Entered: 11/04/2010)
222 MOTION to Amend/Correct 220 MOTION for Protective Order by Woody D. Franklin, Sr, Jamarlo K. Gumbaytay, Terrill Jorgensen, Lori Williams. (Smith, Jeffrey) (Entered: 11/04/2010)
223 ORDER; Upon consideration of defendants' motion for protective order 220 filed November 2, 2010 and defendants' motion to amend/correct motion for protective order 222 filed November 4, 2010, and for good cause, it is ORDERED that plaintiff shall file a response to the motions on or before November 9, 2010; that a hearing to address the motions is scheduled for 2:00 p.m. on November 10, 2010 in courtroom 5−B, Montgomery, Alabama as further set out. Signed by Honorable Susan Russ Walker on 11/4/2010. (jg, ) (Entered: 11/04/2010)
224 Second Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Loretta Cates. Corporate Disclosures due by 11/15/2010. (Attachments: # 1 Corporate Conflict Standing Order)(jg, ) (Entered: 11/05/2010)
225 Supplemental MOTION for Protective Order by Woody D. Franklin, Sr, Jamarlo K. Gumbaytay, Terrill Jorgensen, Lori Williams. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement)(Smith, Jeffrey) (Entered: 11/08/2010)
226 RESPONSE in Opposition re 225 Supplemental MOTION for Protective Order, 222 MOTION to Amend/Correct 220 MOTION for Protective Order, 220 MOTION for Protective Order filed by United States of America. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Standridge, Amber) (Additional attachment(s) added on 11/17/2010: # 4 Corrected Certificate of Service) (jg, ). (Entered: 11/09/2010)
Cross Motion for Protective Order by United States of America. See 226 response for this docket entry. (No pdf for this entry) (jg, ) (Entered: 01/19/2011)
227 Plaintiff United States' MOTION to File Certain Evidentiary Documents Under Seal by United States of America. (Attachments: # 1 Deposition of Aurpy Burt, # 2 Deposition of Tamara George, # 3 Deposition of Jessica Smith, # 4 Deposition of Lois Webb, # 5 Deposition of Kimberly Bell, # 6 Deposition of Brontina Smith)(jg, ) (Additional attachment(s) added on 11/17/2010: # 7 Corrected Certificate of Service) (jg, ). (Entered: 11/10/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 25 of 42

11/10/2010
11/17/2010 11/17/2010
11/19/2010 11/19/2010 11/22/2010 11/23/2010 11/29/2010 11/29/2010
12/08/2010 12/08/2010 12/09/2010

228 Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Motion Hearing held on 11/10/2010 re 225 Supplemental MOTION for Protective Order filed by Woody D. Franklin, Sr., Terrill Jorgensen, Lori Williams, Jamarlo K. Gumbaytay, 222 MOTION to Amend/Correct 220 MOTION for Protective Order filed by Woody D. Franklin, Sr., Terrill Jorgensen, Lori Williams, Jamarlo K. Gumbaytay, 220 MOTION for Protective Order filed by Woody D. Franklin, Sr., Terrill Jorgensen, Lori Williams, Jamarlo K. Gumbaytay (PDF available for court use only). (Recording Time 2:00 − 3:20.) (Attachments: # 1 Plaintiff's Exhibit List, # 2 Defendant's Exhibit List) (Exhibits in separate binder with court file)(jct, ) (Entered: 11/10/2010)
229 NOTICE of Correction re 226 Response in Opposition to Motion: Notice of Correction is being filed this date to advise that the referenced document was filed on 11/9/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 11/17/2010)
230 NOTICE of Correction re 227 MOTION to File Certain Evidentiary Documents Under Seal by United States of America: Notice of Correction is being filed this date to advise that the referenced document was filed on 11/10/2010 and did not have a correct certificate of service attached. The corrected certificate is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 11/17/2010)
231 MOTION to Compel Compliance with Subpoena by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Smith, Jeffrey) (Entered: 11/19/2010)
232 MOTION to Quash by Central Alabama Fair Housing Center. (Cooper, Faith) (Additional attachment(s) added on 11/23/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 11/19/2010)
233 NOTICE of Appearance by Taylor Patrick Fendley on behalf of Woody D. Franklin, Sr, Terrill Jorgensen (Fendley, Taylor) (Entered: 11/22/2010)
234 NOTICE of Correction re 232 MOTION to Quash: Notice of Correction is being filed this date to advise that the referenced document was filed on 11/19/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected/Amended Certificate of Service)(jg, ) (Entered: 11/23/2010)
235 Corporate/Conflict Disclosure Statement by Loretta Cates re 224 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (jg, ) (Entered: 11/29/2010)
236 NOTICE of Deficiency re 235 Corporate/Conflict Disclosure Statement: The referenced document filed on 11/29/2010 did not contain a certificate of service. The listed deficiency must be corrected within 10 days from the date of this notice. Please submit to the Clerk's office by conventional means the referenced document listing all parties of record with your original signature affixed. (jg, ) (Entered: 11/29/2010)
237 MOTION to Withdraw Appearance of Donna M. Murphy as Counsel for the United States by United States of America. (Standridge, Amber) (Main Document 237 replaced on 12/9/2010 to reflect correct certificate of service) (jg, ). (Entered: 12/08/2010)
238 MOTION to Withdraw Appearance of Grace Chung Becker as Counsel for the United States by United States of America. (Standridge, Amber) (Main Document 238 replaced on 12/9/2010 to reflect correct certificate of service) (jg, ). (Entered: 12/08/2010)
239 NOTICE of Correction re 238 MOTION to Withdraw Appearance of Grace Chung Becker as Counsel for the United States, 237 MOTION to Withdraw Appearance of Donna M. Murphy as Counsel for the United States: Notice of Correction is being filed this date to advise that the referenced documents were filed on 12/8/2010 and did not have a correct certificate of service attached. The corrected pdfs are attached to this notice. (Attachments: # 1 Corrected Motion to Withdraw

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 26 of 42

12/09/2010 12/09/2010 12/09/2010
12/14/2010
12/15/2010 12/16/2010 12/16/2010 12/16/2010 12/17/2010 12/17/2010 12/17/2010
12/17/2010

Murphy, # 2 Corrected Motion to Withdraw Becker)(jg, ) (Entered: 12/09/2010)
240 ORDER; Upon consideration of the government's Motions to Withdraw the Appearance of Donna M. Murphy and Grace Chung Becker as Counsel for the United States 237 &238 filed on December 8, 2010, it is hereby ORDERED that the motions are GRANTED. Signed by Hon. Chief Judge Mark E. Fuller on 12/9/2010. (jg, ) (Entered: 12/09/2010)
*** Attorney Grace Chung Becker and Donna M. Murphy terminated pursuant to 240 order. (jg, ) (Entered: 12/09/2010)
241 ORDER; Upon consideration of defendant's motion to compel 231 filed November 19, 2010, and non−party Central Alabama Fair Housing Center's motion to quash 232 filed November 19, 2010, and for good cause, it is ORDERED that the motions are set for hearing at 10:00 a.m. on December 17, 2010, in courtroom 5−B, Frank M. Johnson, Jr. United States Courthouse, Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Susan Russ Walker on 12/9/2010. (jg, ) (Entered: 12/09/2010)
242 BRIEF/MEMORANDUM in Support re 231 MOTION to Compel Compliance with Subpoena/Opposition to Motion to Quash Subpoena filed by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Smith, Jeffrey) Modified on 12/15/2010 Document has been edited to restrict access to personal information pursuant to the E−Government Act. (jg, ). (Additional attachment(s) added on 12/15/2010: # 6 Redacted Exhibit C) (jg, ). (Main Document 242 replaced on 12/15/2010 to reflect a correct certificate of service) (jg, ). (Entered: 12/14/2010)
243 NOTICE of Correction re 242 BRIEF/MEMORANDUM in Support of Motion: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/14/2010 and did not have a correct certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Brief in Support of Motion)(jg, ) (Entered: 12/15/2010)
244 ORDER; that only those parties with an interest in the discovery disputes at issue in 231 and 232 need appear for the hearing scheduled for 10:00 a.m. on December 17, 2010. Signed by Honorable Susan Russ Walker on 12/16/2010. (jg, ) (Entered: 12/16/2010)
245 NOTICE of Appearance by Joseph Brady Lewis on behalf of Central Alabama Fair Housing Center (Lewis, Joseph) (Entered: 12/16/2010)
246 NOTICE of Appearance by Constance Taylor Buckalew on behalf of Woody D. Franklin, Sr, Terrill Jorgensen (Buckalew, Constance) (Main Document 246 replaced on 12/17/2010 to reflect a correct certificate of service) (jg, ). Modified on 12/17/2010 (Entered: 12/16/2010)
247 NOTICE of Correction re 246 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/16/2010 and did not have a correct certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Notice of Appearance)(jg, ) (Entered: 12/17/2010)
248 BRIEF/MEMORANDUM in Opposition re 232 MOTION to Quash, 217 MOTION to Quash, 198 MOTION to Compel Discovery filed by Central Alabama Fair Housing Center. (Lewis, Joseph) (Additional attachment(s) added on 12/22/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 12/17/2010)
249 Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Motion Hearing held on 12/17/2010 re 232 MOTION to Quash filed by Central Alabama Fair Housing Center, 231 MOTION to Compel Compliance with Subpoena filed by Jamarlo K. Gumbaytay (PDF available for court use only). (Recording Time 10:10 − 11:20.) (Attachments: # 1 Exhibit List) (Exhibits in separate binder with court file)(jct, ) (Entered: 12/17/2010)
250 Amended NOTICE of Appearance by Joseph Brady Lewis on behalf of Central Alabama Fair Housing Center. (jg, ) (Entered: 12/17/2010)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 27 of 42

12/20/2010 12/20/2010 12/20/2010 12/21/2010 12/21/2010 12/22/2010 01/11/2011 01/13/2011 01/14/2011 01/14/2011 01/18/2011 01/19/2011

251 BRIEF/MEMORANDUM in Support re 231 MOTION to Compel Compliance with Subpoena filed by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Smith, Jeffrey) (Additional attachment(s) added on 12/21/2010: # 3 Corrected Certificate of Service) (jg, ). (Entered: 12/20/2010)
252 Response to Order of the Court by Central Alabama Fair Housing Center. (Cooper, Faith) (Entered: 12/20/2010)
253 Supplemental Response to Order of December 17, 2010 by Central Alabama Fair Housing Center. (Attachments: # 1 Exhibit Burt, Edwards, Julian, Manning, Williams, and Scroggins Letters to HUD)(Cooper, Faith) Modified on 12/21/2010 to clarify text (jg, ). (Additional attachment(s) added on 12/21/2010: # 2 Corrected Certificate of Service) (jg, ). (Entered: 12/20/2010)
254 NOTICE of Correction re 251 BRIEF/MEMORANDUM in Support: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/20/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 12/21/2010)
255 NOTICE of Correction re 253 Supplemental Response to Order: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/21/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 12/21/2010)
256 NOTICE of Correction re 248 BRIEF/MEMORANDUM in Opposition: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/17/2010 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 12/22/2010)
257 MEMORANDUM OPINION AND ORDER; that Williams's Motion to Reconsider, or in the alternative Motion to Certify for Interlocutory Appeal 199 is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 1/11/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 01/11/2011)
258 MOTION to Quash Proposed Deposition of Valerie Manning by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Standridge, Amber) (Additional attachment(s) added on 1/20/2011: # 10 Corrected Certificate of Service) (jg, ). (Entered: 01/13/2011)
259 ORDER; Upon consideration of the plaintiff's emergency motion to quash 258 filed January 13, 2011, and for good cause, it is ORDERED that the motion is GRANTED to the extent that the deposition at issue is temporarily STAYED in this case pending further order of the court. Signed by Honorable Susan Russ Walker on 1/14/2011. (jg, ) (Entered: 01/14/2011)
260 RESPONSE in Opposition re 258 MOTION to Quash Proposed Deposition of Valerie Manning filed by Lori Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Marks, Emily) (Additional attachment(s) added on 1/18/2011: # 8 Corrected Certificate of Service) (jg, ). (Entered: 01/14/2011)
261 NOTICE of Correction re 260 Response in Opposition to Motion: Notice of Correction is being filed this date to advise that the referenced document was filed on 1/14/2011 and did not have a correct certificate of service attached. The corrected certificate is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 01/18/2011)
262 ORDER; that 1. Defendants' motion for determination as to privilege 220 , which the court construes as a motion to compel, is DENIED to the extent that the motion seeks to compel testimony concerning privileged matters and requests a "protective order to preclude future violation of the Court's Guidelines to Civil Discovery Practice." The motion is GRANTED insofar as it moves for a determination as to privilege. 2. The United States' cross−motion for protective order 226 is GRANTED to the extent that defendants may not inquire into the United States'

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 28 of 42

01/20/2011
02/21/2011 03/02/2011
03/07/2011 03/07/2011 03/10/2011 03/17/2011 03/17/2011 03/18/2011
03/22/2011 03/22/2011 03/22/2011 03/28/2011 03/28/2011

communications with aggrieved persons in this lawsuit. In all other respects, the motion is DENIED. 3. Defendants' motion to amend their motion for determination as to privilege 222 is GRANTED. 4. Plaintiff's motion to seal 227 is GRANTED. 5. Defendant's motion to compel compliance with subpoena 231 is DENIED. 6. The motion to quash subpoena 232 filed by third party Central Alabama Fair Housing Center (CAFHC) is GRANTED. 7. The court's stay of further depositions in this case is hereby LIFTED. Signed by Honorable Susan Russ Walker on 1/19/2011. (jg, ) (Entered: 01/19/2011)
263 NOTICE of Correction re 258 MOTION to Quash Proposed Deposition of Valerie Manning: Notice of Correction is being filed this date to advise that the referenced document was filed on 1/13/2011 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 01/20/2011)
264 SUGGESTION OF DEATH Upon the Record by Jamarlo K. Gumbaytay. (Smith, Jeffrey) (Entered: 02/21/2011)
265 ORDER: Final Pretrial Conference set for 4/5/2011 09:00 AM in Courtroom 2A before Hon. Chief Judge Mark E. Fuller; Proposed Pretrial Order due by 3/31/2011; Jury Trial set for 5/23/2011 trial term in Montgomery before Hon. Chief Judge Mark E. Fuller. Signed by Hon. Chief Judge Mark E. Fuller on 3/2/2011. (cc, ) (Entered: 03/02/2011)
266 NOTICE of Appearance by William Evans Brittain on behalf of Todd Chamelin (Brittain, William) (Entered: 03/07/2011)
***Attorney Holbrook E. Reid for Todd Chamelin added pursuant to 266 notice of appearance (NO PDF Document attached to this notice). (djy, ) (Entered: 03/07/2011)
267 NOTICE of Appearance by Sean R Keveney on behalf of United States of America (Keveney, Sean) (Entered: 03/10/2011)
268 MOTION to Quash by Jamarlo K. Gumbaytay. (Smith, Jeffrey) (Main Document 268 replaced on 3/18/2011 to reflect a correct certificate of service) (jg, ). (Additional attachment(s) added on 3/18/2011: # 1 Exhibit A, # 2 Exhibit B) (jg, ). (Entered: 03/17/2011)
269 MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Standridge, Amber) (Entered: 03/17/2011)
270 NOTICE of Correction re 268 MOTION to Quash: Notice of Correction is being filed this date to advise that the referenced document was filed on 3/17/2011 and did not have a correct certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Motion to Quash)(jg, ) (Entered: 03/18/2011)
271 ORDER; Upon consideration of plaintiffs motion for protective order 269 , filed March 17, 2011, and for good cause, it is ORDERED that defendants shall file a response to the motion on or before March 29, 2011. Signed by Honorable Susan Russ Walker on 3/22/2011. (jg, ) (Entered: 03/22/2011)
272 ORDER; Upon consideration of defendant's motion to quash 268 , filed March 17, 2011, and for good cause, it is ORDERED that plaintiff shall file a response to the motion on or before March 29, 2011. Signed by Honorable Susan Russ Walker on 3/22/2011. (jg, ) (Entered: 03/22/2011)
273 RESPONSE in Opposition re 268 MOTION to Quash filed by United States of America. (Attachments: # 1 Exhibit A)(Keveney, Sean) (Entered: 03/22/2011)
274 First MOTION in Limine to Exclude Evidence of Sexual History by United States of America. (Attachments: # 1 Exhibit A)(Keveney, Sean) (Additional attachment(s) added on 3/30/2011: # 2 Corrected Certificate of Service) (jg, ). (Entered: 03/28/2011)
275 Second MOTION in Limine to Exclude Evidence of Arrests or Drug Use by United States of America. (Keveney, Sean) (Additional attachment(s) added on 3/30/2011:

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 29 of 42

03/30/2011 03/30/2011
03/31/2011
04/01/2011 04/01/2011
04/01/2011 04/01/2011 04/04/2011 04/04/2011 04/05/2011 04/06/2011
04/07/2011
04/08/2011 04/08/2011

# 1 Corrected Certificate of Service) (jg, ). (Entered: 03/28/2011)
276 MOTION for Protective Order by Jamarlo K. Gumbaytay. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Smith, Jeffrey) (Entered: 03/30/2011)
277 NOTICE of Correction re 275 Second MOTION in Limine to Exclude Evidence of Arrests or Drug Use, 274 First MOTION in Limine to Exclude Evidence of Sexual History: Notice of Correction is being filed this date to advise that the referenced documents were filed on 3/28/2011 and did not have a correct certificate of service attached. The corrected certificates are attached to this notice. (Attachments: # 1 Corrected Certificate of Service, # 2 Corrected Certificate of Service)(jg, ) (Entered: 03/30/2011)
278 ORDER; Upon consideration of the government's Motions in Limine 274 &275 filed on March 28, 2011, it is hereby ORDERED that the defendants show cause in writing on or before April 11, 2011 as to why the motions should not be granted. Signed by Hon. Chief Judge Mark E. Fuller on 3/31/2011. (jg, ) (Entered: 03/31/2011)
279 MOTION to Withdraw as Attorney by Guest Property Sales, LLC. (Beck, George) (Additional attachment(s) added on 4/1/2011: # 1 Corrected Certiifcate of Service) (jg, ). (Entered: 04/01/2011)
280 NOTICE of Correction re 279 MOTION to Withdraw as Attorney: Notice of Correction is being filed this date to advise that the referenced document was filed on 4/1/2011 and did not have a correct certificate of service attached. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 04/01/2011)
281 NOTICE of Appearance by Terrie Scott Biggs on behalf of Guest Property Sales, LLC (Biggs, Terrie) (Main Document 281 replaced on 4/1/2011 to reflect correct signature of attorney) (jg, ). (Entered: 04/01/2011)
282 NOTICE of Correction re 281 Notice of Appearance: Notice of Correction is being filed this date to advise that the referenced document was filed on 4/1/2011 and did not have a correct pdf attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Notice of Appearance)(jg, ) (Entered: 04/01/2011)
283 ORDER granting 279 Motion to Withdraw as Attorney. Signed by Hon. Chief Judge Mark E. Fuller on 4/4/2011. (cc, ) (Entered: 04/04/2011)
*** Attorney George Lamar Beck, Jr terminated pursuant to 283 Order. (cc, ) (Entered: 04/04/2011)
284 Minute Entry for proceedings held before Hon. Chief Judge Mark E. Fuller: Pretrial Conference held on 4/5/2011 (PDF available for court use only). (kcg, ) (Entered: 04/05/2011)
285 ORDER; that by April 13, 2011 Defendant Jewel Manahan file her contentions to be included in this Court's pretrial order as further set out in this order; that the Clerk of the Court is DIRECTED to mail a copy of this order to Ms. Manahan via both regular United States Mail and Certified Mail, Return Receipt Requested. Signed by Hon. Chief Judge Mark E. Fuller on 4/6/2011. (jg, ) copy mailed by regular mail and CMRRR as directed in order. Modified on 4/6/2011 to clarify text (jg, ). (Entered: 04/06/2011)
286 ORDER; that this matter be and is hereby set for a mediation conference on April 25, 2011, at 2:00 p.m. in Courtroom 5−B, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama as further set out in this order. Signed by Honorable Susan Russ Walker on 4/7/2011. (jg, ) (Entered: 04/07/2011)
287 MOTION for Order to Show Cause by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Keveney, Sean) (Entered: 04/08/2011)
288 RESPONSE to Motion re 276 MOTION for Protective Order and Cross−Motion for Order to Show Cause filed by United States of America. (Attachments: # 1

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 30 of 42

04/11/2011
04/11/2011 04/11/2011
04/11/2011
04/11/2011
04/11/2011
04/11/2011
04/12/2011
04/12/2011
04/12/2011
04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011

Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Severino, Roger) Document has been edited to restrict access to personal information pursuant to the E−Government Act. Modified on 4/11/2011 (jg, ). (Additional attachment(s) added on 4/11/2011: # 9 Redacted Exhibit E) (jg, ). (Entered: 04/08/2011)
289 ORDER; Upon consideration of defendant Gumbaytay's motion for protective order 276 filed March 30, 2011, and for good cause, it is ORDERED that the government shall file a response to the motion on or before April 18, 2011. Signed by Honorable Susan Russ Walker on 4/11/2011. (jg, ) (Entered: 04/11/2011)
290 Return Receipt Card showing service of 285 order signed on 4/8/2011 by J. Manahan. (jg, ) (Entered: 04/11/2011)
291 RESPONSE to Motion re 275 Second MOTION in Limine to Exclude Evidence of Arrests or Drug Use filed by Todd Chamelin, Lori Williams. (Marks, Emily) (Main Document 291 replaced on 4/12/2011 to reflect a correct style of case) (jg, ). (Entered: 04/11/2011)
292 RESPONSE to Motion re 274 First MOTION in Limine to Exclude Evidence of Sexual History filed by Todd Chamelin, Lori Williams. (Marks, Emily) (Main Document 292 replaced on 4/12/2011 to reflect the correct style of case) (jg, ). (Entered: 04/11/2011)
293 RESPONSE to Motion re 274 First MOTION in Limine to Exclude Evidence of Sexual History filed by Woody D. Franklin, Sr, Terrill Jorgensen. (Fendley, Taylor) (Main Document 293 replaced on 4/12/2011 to reflect the correct style of case) (jg, ). (Entered: 04/11/2011)
294 RESPONSE to Motion re 275 Second MOTION in Limine to Exclude Evidence of Arrests or Drug Use filed by Woody D. Franklin, Sr, Terrill Jorgensen. (Fendley, Taylor) (Main Document 294 replaced on 4/12/2011 to reflect the correct style of case) (jg, ). (Entered: 04/11/2011)
295 RESPONSE to Motion re 275 Second MOTION in Limine to Exclude Evidence of Arrests or Drug Use filed by Abraham Campbell, Margie Campbell. (Shinbaum, Kenneth) (Main Document 295 replaced on 4/12/2011 to reflect a correct certificate of service) (jg, ). (Entered: 04/11/2011)
296 NOTICE of Correction re 292 Response to Motion, 291 Response to Motion: Notice of Correction is being filed this date to advise that the referenced documents were filed on 4/11/2011 and did not reflect the correct style of the case. The corrected pdfs are attached to this notice. (Attachments: # 1 Correct Response to Motion, # 2 Corrected Response to Motion)(jg, ) (Entered: 04/12/2011)
297 NOTICE of Correction re 294 Response to Motion, 293 Response to Motion: Notice of Correction is being filed this date to advise that the referenced documents were filed on 4/11/2011 and did reflect a correct style of case. The corrected pdfs are attached to this notice. (Attachments: # 1 Corrected Response to Motion in Limine, # 2 Corrected Response to Motion in Limine)(jg, ) (Entered: 04/12/2011)
298 NOTICE of Correction re 295 Response to Motion: Notice of Correction is being filed this date to advise that the referenced document was filed on 4/11/2011 and did not have a correct certificate of service. The corrected certificate is attached to this notice. (Attachments: # 1 Corrected Response to Motion in Limine)(jg, ) (Entered: 04/12/2011)
299 Response to Order re 285 Order by Jewel Manahan. (jg, ) (Entered: 04/13/2011)
300 Exhibit List by Lori Williams.. (Brittain, William) (Entered: 04/13/2011)
301 Exhibit List by Todd Chamelin.. (Brittain, William) (Entered: 04/13/2011)
302 Witness List by Todd Chamelin. (Brittain, William) (Entered: 04/13/2011)
303 Witness List by Lori Williams. (Brittain, William) (Entered: 04/13/2011)
304 Exhibit List by Abraham Campbell, Margie Campbell.. (Shinbaum, Kenneth) (Entered: 04/13/2011)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 31 of 42

04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/13/2011 04/14/2011
04/14/2011
04/18/2011 04/20/2011
04/20/2011
04/20/2011

305 Witness List by Abraham Campbell, Margie Campbell. (Shinbaum, Kenneth) (Entered: 04/13/2011)
306 STRICKEN PURSUANT TO 322 ORDER; Exhibit List by Terrill Jorgensen.(Fendley, Taylor) Modified on 4/20/2011 (jg, ). (Entered: 04/13/2011)
307 STRICKEN PURSUANT TO 322 ORDER: Exhibit List by Woody D. Franklin, Sr.. (Fendley, Taylor) Modified on 4/20/2011 (jg, ). (Entered: 04/13/2011)
308 Witness List by Terrill Jorgensen. (Fendley, Taylor) (Entered: 04/13/2011)
309 Witness List by Woody D. Franklin, Sr. (Fendley, Taylor) (Entered: 04/13/2011)
310 Deposition Designations by United States of America.. (Keveney, Sean) (Entered: 04/13/2011)
311 MOTION to Dismiss Defendants Margie Campbell, Loretta Cates and Woody Franklin Jr., by United States of America. (Severino, Roger) (Entered: 04/13/2011)
312 Witness List by United States of America. (Severino, Roger) (Entered: 04/13/2011)
313 Exhibit List by United States of America.. (Severino, Roger) (Entered: 04/13/2011)
314 Exhibit List by Guest Property Sales, LLC.. (Biggs, Terrie) (Main Document 314 replaced on 4/14/2011 to reflect the correct style of the case) (jg, ). (Entered: 04/13/2011)
315 Witness List by Guest Property Sales, LLC. (Biggs, Terrie) (Main Document 315 replaced on 4/14/2011 to reflect a correct style of the case) (jg, ). (Entered: 04/13/2011)
316 Witness List by Barbara Clark, James F. Clark. (Holton, Michael) (Entered: 04/13/2011)
317 Exhibit List by Barbara Clark, James F. Clark.. (Holton, Michael) (Entered: 04/13/2011)
318 Witness List by Millennia Properties, LLC. (Holton, Michael) (Entered: 04/13/2011)
319 NOTICE of Correction re 314 Exhibit List, 315 Witness List: Notice of Correction is being filed this date to advise that the referenced documents were filed on 4/13/2011 and did not have a correct pdf attached. The corrected pdfs are attached to this notice. (Attachments: # 1 Corrected Exhibit List, # 2 Corrected Witness List)(jg, ) (Entered: 04/14/2011)
320 ORDER; Upon consideration of the Plaintiff's Motion to Dismiss the claims against Defendants Loretta Cates, Margie Campbell, and Woody Franklin, Jr. 311 , it is hereby ORDERED that the Motion is GRANTED. All claims against these three defendants are DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 4/14/2011. (jg, ) (Entered: 04/14/2011)
321 MOTION to Strike 307 Exhibit List, 306 Exhibit List by United States of America. (Keveney, Sean) (Entered: 04/18/2011)
322 ORDER that 321 Plaintiff's Motion to Strike Defendants' Terrill Jorgensen and Woody Franklin, Sr.'s Exhibit Lists is GRANTED. Documents 306 and 307 are STRICKEN from the record. Defendants Jorgensen and Franklin shall re−file their exhibit lists on or before April 22, 2011 as further set out in this order. Signed by Hon. Chief Judge Mark E. Fuller on 4/20/2011. (jg, ) (Entered: 04/20/2011)
323 MOTION to Compel Compliance with Subpoena by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Keveney, Sean) (Additional attachment(s) added on 4/21/2011: # 7 Redacted Exhibit C) (jg, ).Document has been edited to restrict access to personal information pursuant to the E−Government Act. Modified on 4/21/2011 (jg, ). (Entered: 04/20/2011)
324 MOTION to Appoint Counsel by Jewel Manahan. (jg, ) (Additional attachment(s) added on 4/27/2011: # 1 Correct Certificate of Service) (jg, ). (Entered:

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 32 of 42

04/20/2011 04/21/2011 04/21/2011 04/22/2011
04/22/2011 04/22/2011 04/22/2011 04/25/2011 04/26/2011
05/02/2011 05/03/2011 05/03/2011 05/09/2011 05/09/2011

04/20/2011)
325 Response to United States' Deposition Designations filed by Abraham Campbell. (Shinbaum, Kenneth) Modified on 4/21/2011 to clarify text (jg, ). (Entered: 04/20/2011)
326 STRICKEN AS AN ERRONEOUS DOCKET ENTRY; MOTION in Limine to Introduce Boswell Deposition Designations by United States of America. (Keveney, Sean) Modified on 4/22/2011 to reflect that this document was a response to defendant's objections. (jg, ). (Entered: 04/21/2011)
RESPONSE in Opposition re 325 Defendant's Objections to the United States' Deposition Designations by United States of America. See 326 for this docket entry. (No pdf for this entry) (jg, ) (Entered: 04/22/2011)
327 ORDER ON PRETRIAL HEARING that (1) The jury selection and trial of this cause, which is to last five (5) days, are set for May 23, 2011, at 10:00 a.m. in Montgomery, Alabama. (2) The parties are to file their pre−trial briefs, if any, by May 16, 2011. (3) Each party shall have available at the time of trial, for use by the court (the judge, the courtroom deputy clerk, and the law clerk), three copies of the exhibit list as further set out in this order (4) All deadlines not otherwise effected by this order will remain as set forth in the Uniform Scheduling Order 147 entered by the court on February 24, 2010. (5) All understandings, agreements, deadlines, and stipulations contained in this Pretrial Order shall be binding on all parties unless this Order be hereafter modified by Order of the Court. Signed by Hon. Chief Judge Mark E. Fuller on 4/22/2011. (jg, ) (Entered: 04/22/2011)
328 ORDER; Upon consideration of the Defendant Jewel Manahan's Motion for Appointment of Counsel 324 , filed April 20, 2011, it is hereby ORDERED that the Motion is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 4/22/2011. (jg, ) (Entered: 04/22/2011)
329 Exhibit List by Woody D. Franklin, Sr.. (Fendley, Taylor) (Entered: 04/22/2011)
330 Exhibit List by Terrill Jorgensen.. (Fendley, Taylor) (Entered: 04/22/2011)
Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Mediation Conference held on 4/25/2011 (NO PDF ATTACHED). (jct, ) (Entered: 05/03/2011)
331 ORDER that the Court has been notified that the plaintiff and defendants Todd Chamelin and Lori Williams have resolved their dispute in the above−referenced case. Accordingly, it is hereby ORDERED that the plaintiff and defendants Chamelin and Williams file a joint stipulation of dismissal on or before May 10, 2011. Signed by Hon. Chief Judge Mark E. Fuller on 4/26/2011. (jg, ) (Entered: 04/26/2011)
332 Application for Entry of Default by United States of America. (Attachments: # 1 Exhibit A − Declaration, # 2 Exhibit B, # 3 Text of Proposed Order)(Severino, Roger) Modified on 5/3/2011 to reflect that this was a application not a motion (jg, ). (Entered: 05/02/2011)
NOTICE of Docket Text Correction re 332 MOTION for Entry of Default was modified on 5/3/2011 to reflect that this document is an Application to the Clerk for Entry of Default and should not have been filed as a Motion to the Court. (jg, ) Modified on 5/3/2011 to clarify docket text (jg, ). (Entered: 05/03/2011)
333 ORDER that this case is set for a status conference on May 13, 2011 at 9:00 A.M. by conference call arranged by counsel for the plaintiff. Signed by Hon. Chief Judge Mark E. Fuller on 5/3/2011. (jg, ) (Entered: 05/03/2011)
334 MOTION to Continue by Barbara Clark, James F. Clark. (Holton, Michael) (Additional attachment(s) added on 5/9/2011 in error: (Main Document 334 replaced on 5/9/2011 to reflect a correct certificate of service) (jg, ). (Entered: 05/09/2011)
335 Clerk's ENTRY OF DEFAULT as to Bruce E Dunn. (jg, ) (Entered: 05/09/2011)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 33 of 42

05/09/2011 05/09/2011
05/09/2011
05/09/2011 05/09/2011 05/09/2011
05/09/2011
05/09/2011
05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011

336 Proposed Jury Instructions by United States of America. (Keveney, Sean) (Entered: 05/09/2011)
337 NOTICE of Correction re 334 MOTION to Continue: Notice of Correction is being filed this date to advise that the referenced document was filed on 5/9/2011 and did not have a correct certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Motion to Continue)(jg, ) (Entered: 05/09/2011)
338 ORDER; Upon consideration of defendant's Motion to Continue 334 filed on May 9, 2011, it is hereby ORDERED that the parties show cause in writing on or before 5:00 P.M., Wednesday, May 11, 2011, as to why this motion should not be granted. Signed by Hon. Chief Judge Mark E. Fuller on 5/9/2011. (jg, ) (Entered: 05/09/2011)
339 MOTION to Amend/Correct 313 Exhibit List by United States of America. (Attachments: # 1 Exhibit A)(Keveney, Sean) Modified on 5/10/2011 to add link to entry (jg, ). (Entered: 05/09/2011)
334 MOTION of the Clark defendants to be excused from attending their own depositions by Barbara Clark, James F. Clark. See 334 for this docket entry. (No pdf for this entry) (jg, ) (Entered: 05/09/2011)
340 ORDER that the motion of the Clark defendants to be excused from attending their own depositions tomorrow, contained within their motion to continue the trial of this matter 334 is DENIED without prejudice as further set out in this order. Signed by Honorable Susan Russ Walker on 5/9/2011. (jg, ) (Entered: 05/09/2011)
341 MOTION for Order to Show Cause as to Why Defendant Millennia Properties Should not be Compelled to Comply with Discovery by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Severino, Roger) (Entered: 05/09/2011)
342 ORDER; Upon consideration of the motion of the United States 341 and for good cause, it is ORDERED that defendant Millennia Properties, LLC, is DIRECTED to show cause, on or before May 11, 2011, why it should not be compelled to comply with its discovery obligations. Signed by Honorable Susan Russ Walker on 5/9/2011. (jg, ) (Entered: 05/09/2011)
343 Objection to re 304 Exhibit List of Defendant Abraham Campbell filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 11)(Severino, Roger) (Entered: 05/09/2011)
344 MOTION to Continue by Abraham Campbell. (Shinbaum, Kenneth) (Entered: 05/09/2011)
345 Objection to the Use of Any Part of the Deposition of Jamarlo Gumbaytay filed by Abraham Campbell. (Shinbaum, Kenneth) (Entered: 05/09/2011)
346 Proposed Voir Dire by Abraham Campbell. (Shinbaum, Kenneth) (Entered: 05/09/2011)
347 Proposed Voir Dire by United States of America. (Keveney, Sean) (Entered: 05/09/2011)
348 MOTION in Limine Concerning Objections to Plaintiff's Witness and Exhibit List by Abraham Campbell. (Attachments: # 1 Exhibit Exhibit Objections)(Shinbaum, Kenneth) (Entered: 05/09/2011)
349 MOTION in Limine [Concerning Objections to Plaintiff's Exhibit List] by Woody D. Franklin, Sr. (Jackson, Micheal) (Entered: 05/09/2011)
350 Proposed Voir Dire by Barbara Clark. (Holton, Michael) (Entered: 05/09/2011)
351 Proposed Voir Dire by James F. Clark. (Holton, Michael) (Entered: 05/09/2011)
352 Objection to re 313 Exhibit List [[Defendant Woody Franklin, Sr.'s Objections to Plaintiff's Exhibit List] filed by Woody D. Franklin, Sr. (Jackson, Micheal) (Entered: 05/09/2011)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 34 of 42

05/09/2011 05/09/2011 05/09/2011 05/09/2011
05/09/2011
05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/09/2011 05/10/2011
05/10/2011 05/10/2011 05/10/2011
05/10/2011 05/10/2011 05/11/2011
05/11/2011
05/11/2011

353 Objection to Deposition of Jamarlo Gumbaytay filed by Barbara Clark. (Holton, Michael) Modified on 5/10/2011 to clarify docket text (jg, ). (Entered: 05/09/2011)
354 MOTION in Limine [Concerning Objections to Plaintiff's Exhibit List] by Terrill Jorgensen. (Jackson, Micheal) (Entered: 05/09/2011)
355 Objection to Deposition of Jamarlo Gumbaytay filed by James F. Clark. (Holton, Michael) Modified on 5/10/2011 to correct docket text (jg, ). (Entered: 05/09/2011)
356 Objection to re 313 Exhibit List [Defendant Terrill Jorgensen's Objections to Plaintiff's Exhibit List] filed by Terrill Jorgensen. (Jackson, Micheal) (Entered: 05/09/2011)
357 MOTION in Limine [and Objection to the United States's Deposition Designations] by Woody D. Franklin, Sr, Terrill Jorgensen. (Jackson, Micheal) (Entered: 05/09/2011)
358 Proposed Voir Dire by Woody D. Franklin, Sr, Terrill Jorgensen. (Jackson, Micheal) (Entered: 05/09/2011)
359 Proposed Jury Instructions by Woody D. Franklin, Sr, Terrill Jorgensen. (Jackson, Micheal) (Entered: 05/09/2011)
360 Proposed Jury Instructions by Barbara Clark, James F. Clark. (Holton, Michael) (Entered: 05/09/2011)
361 Proposed Jury Instructions by Millennia Properties, LLC. (Holton, Michael) (Entered: 05/09/2011)
345 Objection construed as a MOTION in Limine to exclude Mr. Gumbaytay's deposition by Abraham Campbell. (cc, ) (Entered: 06/23/2011)
353 Objection construed as a MOTION in Limine to exclude Mr. Gumbaytay's deposition by Barbara Clark. (cc, ) (Entered: 06/23/2011)
355 Objection construed as a MOTION in Limine to exclude Mr. Gumbaytay's deposition by James F. Clark. (cc, ) (Entered: 06/23/2011)
362 ORDER that Plaintiff's Motion to Amend its Exhibit List 339 is GRANTED. The Plaintiff shall file the amended exhibit list by May 10, 2011. Signed by Hon. Chief Judge Mark E. Fuller on 5/10/2011. (jg, ) (Entered: 05/10/2011)
363 Proposed Jury Instructions by Abraham Campbell. (Shinbaum, Kenneth) (Entered: 05/10/2011)
364 Exhibit List − Amended − by United States of America.. (Attachments: # 1 Exhibit A − Amended Exhibit List)(Severino, Roger) (Entered: 05/10/2011)
365 MOTION for Order Entering Proposed Consent Decree by United States of America. (Attachments: # 1 Exhibit A − Proposed Consent Decree)(Severino, Roger) (Entered: 05/10/2011)
366 STIPULATION of Dismissal of Defendants Williams and Chamelin by United States of America. (Severino, Roger) (Entered: 05/10/2011)
MOTION to Dismiss by United States of America. See 366 stipulated dismissal for this docket entry. (No pdf for this entry) (jg, ) (Entered: 05/11/2011)
367 ORDER that the 366 Stipulated Motion for Dismissal is GRANTED and all claims against defendants Lori Williams and Todd Chamelin are DISMISSED. It is further ORDERED that plaintiff's claims as set forth in the complaint remain against all other defendants. Signed by Hon. Chief Judge Mark E. Fuller on 5/11/2011. (jg, ) (Entered: 05/11/2011)
*** Attorney Holbrook E. Reid; Michael Guy Holton and Emily Coody Marks terminated pursuant to 367 order. (No pdf for this docket entry) (jg, ) (Entered: 05/11/2011)
368 RESPONSE to Motion re 334 MOTION to Continue filed by United States of America. (Standridge, Amber) (Entered: 05/11/2011)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 35 of 42

05/11/2011 05/12/2011
05/12/2011 05/12/2011 05/18/2011 05/19/2011
05/19/2011
05/24/2011
05/24/2011
05/24/2011 05/24/2011 05/25/2011 05/25/2011 05/25/2011

369 RESPONSE TO ORDER TO SHOW CAUSE by Woody D. Franklin, Sr, Terrill Jorgensen re 338 Order to Show Cause,. (Jackson, Micheal) (Entered: 05/11/2011)
370 ORDER that 1. The Court, on its own motion, continues the trial of this case set on May 23, 2011 to July 25, 2011 at 10:00 A.M. in the United States Courthouse, One Church Street, Courtroom 2A, Montgomery, Alabama. 2. That the defendants' Motions to Continue 334 &344 are DENIED as moot. Signed by Hon. Chief Judge Mark E. Fuller on 5/12/2011. (jg, ) Jury Trial for 05/23/2011 TERMINATED Modified on 5/12/2011 to clarity docket text (jg, ). (Entered: 05/12/2011)
371 CONSENT Decree Between Plaintiff United States and Defendants Lori Williams and Todd Chamelin. Signed by Hon. Chief Judge Mark E. Fuller on 5/12/2011. (jg, ) (Entered: 05/12/2011)
372 ORDER that the status conference scheduled for May 13, 2011 is CANCELLED. Signed by Hon. Chief Judge Mark E. Fuller on 5/12/2011. (jg, ) (Entered: 05/12/2011)
373 MOTION for Hearing or Status Conference by United States of America. (Keveney, Sean) (Entered: 05/18/2011)
374 VACATED PURSUANT TO 375 ORDER; ORDER that the government's Motion for Status Conference 373 is GRANTED. A status conference is set in this case for May 26, 2011 at 9:00 A.M. by conference call arranged by counsel for the government. Signed by Honorable Mark E. Fuller on 5/19/2011. (jg, ) Modified on 5/19/2011 (jg, ). (Entered: 05/19/2011)
375 ORDER that this Court's Order dated May 19, 2011 374 is VACATED. It is further ORDERED that the government's Motion for Status Conference 373 filed on May 18, 2011 is GRANTED. A status conference is set in this case for May 26, 2011 at 9:00 A.M. by conference call arranged by counsel for the government. Signed by Honorable Mark E. Fuller on 5/19/2011. (jg, ) (Entered: 05/19/2011)
376 ORDER that 323 United States' Motion to Compel Compliance with Subpoena is DENIED as moot in light of defendant Todd Chamelin's settlement of this cause, as memorialized in the consent decree entered on May 12, 2011 (Doc. 371 ). Signed by Honorable Susan Russ Walker on 5/24/2011. (jg, ) (Entered: 05/24/2011)
377 ORDER that 287 United States' motion for order to show cause is GRANTED. Counsel for defendant Margie Campbell is hereby ORDERED to show cause, on or before close of business on May 25, 2011, why he should not be sanctioned for his failure to appear at defendant Campbell's deposition noticed by the United States for March 25, 2011. Signed by Honorable Susan Russ Walker on 5/24/2011. (jg, ) (Entered: 05/24/2011)
378 ORDER that all claims brought against Jamarlo Gumbaytay in above referenced case are DISMISSED. The Clerk of the Court is DIRECTED to dismiss him as a party to this lawsuit as further set out in this order. Signed by Honorable Mark E. Fuller on 5/24/2011. (jg, ) (Entered: 05/24/2011)
379 ORDER that the caption of this case is changed to reflect that this action is no longer pending against Jamarlo Gumbaytay. The parties are directed to use the new caption as it appears on this Order for all future submissions to this Court. Signed by Honorable Mark E. Fuller on 5/24/2011. (jg, ) (Entered: 05/24/2011)
380 PROTECTIVE ORDER that the government's 269 motion for protective order is GRANTED as further set out in this order. Signed by Honorable Judge Susan Russ Walker on 5/25/2011. (jg, ) (Entered: 05/25/2011)
381 ORDER that the 268 motion to quash is DENIED; that the subpoena at issue is hereby MODIFIED to the extent that is further set out in this order. Signed by Honorable Judge Susan Russ Walker on 5/25/2011. (jg, ) (Entered: 05/25/2011)
382 ORDER that the 276 motion for protective order is DENIED as further set out in this order; that if counsel seeks to renew his motion, he must do so no later than June 1, 2011 as further set out in this order; that the clerk of court is DIRECTED to serve a copy of this order on counsel for former defendant Gumbaytay, Jeffrey W.

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 36 of 42

05/25/2011 05/26/2011 05/26/2011 05/26/2011 05/31/2011 05/31/2011 06/03/2011 06/03/2011 06/10/2011
06/12/2011
06/12/2011
06/13/2011 06/15/2011 06/15/2011 06/16/2011
06/16/2011

Smith. Signed by Honorable Judge Susan Russ Walker on 5/25/2011. (jg, ) (Entered: 05/25/2011)
383 RESPONSE TO ORDER TO SHOW CAUSE by Margie Campbell re 377 Order ( Attachments A−D) included in response. (Shinbaum, Kenneth) Modified on 5/26/2011 to clarify docket text (jg, ). (Entered: 05/25/2011)
384 Reply to response to order to show cause re 383 Response to Order to Show Cause filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keveney, Sean) (Entered: 05/26/2011)
385 NOTICE by Jamarlo K. Gumbaytay Of Non−Renewal of Motion for Protective Order (Doc. 276) (Smith, Jeffrey) (Entered: 05/26/2011)
Minute Entry for proceedings held before Honorable Judge Mark E. Fuller: Telephone Scheduling Conference held on 5/26/2011 (No PDF attached). (kcg, ) (Entered: 05/26/2011)
386 RESPONSE by Matthew Bahr. (jg, ) (Entered: 05/31/2011)
386 Response Construed as a MOTION to Set Aside Default by Matthew Bahr. See 386 for this docket entry. (No pdf for this entry) (jg, ) (Entered: 06/03/2011)
387 ORDER that 386 Motion to Set Aside Default is DENIED as further set out in this order. Signed by Honorable Judge Mark E. Fuller on 6/3/2011. (jg, ) (Entered: 06/03/2011)
388 MOTION to Dismiss [or, in the alternative, Motion for Judgment on the Pleadings] by Woody D. Franklin, Sr, Terrill Jorgensen. (Jackson, Micheal) (Entered: 06/03/2011)
389 ORDER; Upon consideration of Defendants Woody Franklin, Sr.'s and Terrell Jorgensen's Motion to Dismiss or, in the Alternative, Motion for Judgment on the Pleadings 388 filed on June 3, 2011, it is hereby ORDERED that the government show cause in writing on or before June 17, 2011 as to why the motion should not be granted. Signed by Honorable Judge Mark E. Fuller on 6/10/2011. (jg, ) (Entered: 06/10/2011)
390 MOTION to Dismiss and Joinder of 388 Motion to Dismiss or, in the Alternative, Motion for Judgment on Pleadings of Defendants' Woody Franklin, Sr. and Terrill Jorgensen by Barbara Clark, James F. Clark. (Holton, Michael) Modified on 6/13/2011 to clarify docket text (jg, ). (Entered: 06/12/2011)
391 MOTION to Dismiss by Millennia Properties, LLC's and Joinder of 388 Motion to Dismiss or, in the Alternative, Motion for Judgment on the Pleadings of Defendants' Woody Franklin Sr., and Terrill Jorgensen (Holton, Michael) Modified on 6/13/2011 to clarify docket text (jg, ). (Entered: 06/12/2011)
392 MOTION to Withdraw as Attorney by Central Alabama Fair Housing Center. (Lewis, Joseph) (Entered: 06/13/2011)
393 ORDER; Upon consideration of the Motion to Withdraw 392 filed by Jay Lewis on June 13, 2011, it is hereby ORDERED that the motion is GRANTED. Signed by Honorable Judge Mark E. Fuller on 6/15/2011. (jg, ) (Entered: 06/15/2011)
*** Attorney Joseph Brady Lewis terminated pursuant to 393 order. (No pdf this docket entry) (jg, ) (Entered: 06/15/2011)
394 RESPONSE in Opposition re 388 MOTION to Dismiss [or, in the alternative, Motion for Judgment on the Pleadings], 391 MOTION to Dismiss, 390 MOTION to Dismiss filed by United States of America. (Keveney, Sean) (Main Document 394 replaced on 6/16/2011 to reflect a correct certificate of service) (jg, ). (Entered: 06/16/2011)
395 NOTICE of Correction re 394 Response in Opposition to Motions to Dismiss: Notice of Correction is being filed this date to advise that the referenced document was filed on 6/16/2011 and did not have a correct certificate of service attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Response to Motions to Dismiss)(jg, ) (Entered: 06/16/2011)

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 37 of 42

06/22/2011 06/23/2011 06/23/2011 06/29/2011 07/05/2011 07/05/2011 07/07/2011 07/11/2011
07/11/2011
07/12/2011
07/12/2011 07/14/2011 07/14/2011 07/18/2011

396 MEMORANDUM OPINION AND ORDER that the Defendants' Motions to Dismiss 388 , 390 , 391 are DENIED. Signed by Honorable Judge Mark E. Fuller on 6/22/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 06/22/2011)
397 MEMORANDUM OPINION AND ORDER that the United States' 274 First MOTION in Limine is conditionally GRANTED in accordance with this opinion. Signed by Honorable Judge Mark E. Fuller on 6/23/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 06/23/2011)
398 MEMORANDUM OPINION AND ORDER that James and Barbara Clark and Abraham Campbell's Motions in Limine (Docs. # 345 , 353 , 355 ) are GRANTED. Signed by Honorable Judge Mark E. Fuller on 6/23/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, ) (Entered: 06/23/2011)
399 MOTION Entry of Consent Decrees for Franklin and Jorgensen (Unopposed) by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Standridge, Amber) (Entered: 06/29/2011)
400 CONSENT Decree Between Plaintiff United States and Defendant Woody Franklin, Sr. Signed by Honorable Judge Mark E. Fuller on 7/5/2011. (jg, ) (Entered: 07/05/2011)
401 CONSENT Decree Between Plaintiff United States and Defendant Terrill Jorgensen. Signed by Honorable Judge Mark E. Fuller on 7/5/2011. (jg, ) (Entered: 07/05/2011)
402 MOTION for Default Judgment as to Millennia Properties, LLC by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Standridge, Amber) (Entered: 07/07/2011)
403 ORDER that Millennia show cause by July 14, 2011 why its answer should not be stricken from the record for failure to comply with this court's discovery orders or appear for its own deposition. If Millennia fails to comply with this order, then this Court will strike it's answer and set the United States' Motion for Default Judgment for a hearing to determine an appropriate damage award. Signed by Honorable Judge Mark E. Fuller on 7/11/2011. (jg, ) (Entered: 07/11/2011)
404 ORDER; On June 29, 2011, the United States filed a Joint Motion for Entry to Consent Decree. (Doc. 399 ). On July 5, 2011, those consent decrees were entered, resolving the United States' claims against Woody Franklin, Sr. ("Franklin") and Terrill Jorgensen ("Jorgensen"). (Docs. 400 , 401 ). Accordingly, it is hereby ORDERED that the claims against Defendants Franklin and Jorgensen are DISMISSED. The Clerk of the Court is DIRECTED to DISMISS Franklin and Jorgensen as parties to this action. Signed by Honorable Judge Mark E. Fuller on 7/11/2011. (jg, ) (Entered: 07/11/2011)
405 ORDER that 275 Motion in Limine to Exclude Evidence of Arrests and Illegal Drug Use is hereby CONDITIONALLY GRANTED. It is further ORDERED that counsel shall approach the Court out of the hearing of the jury before proceeding on cross examination into either the victims' arrest history or illicit drug use. Signed by Honorable Judge Mark E. Fuller on 7/12/2011. (jg, ) (Entered: 07/12/2011)
406 MOTION Entry of Consent Decrees with James and Barbara Clark and Guest Property Sales, LLC by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Standridge, Amber) (Entered: 07/12/2011)
407 CONSENT Decree Between Plaintiff United States and Defendants James and Barbara Clark. Signed by Honorable Judge Mark E. Fuller on 7/14/2011. (jg, ) (Entered: 07/14/2011)
408 CONSENT Decree Between Plaintiff United States and Defendant Guest Property Sales. Signed by Honorable Judge Mark E. Fuller on 7/14/2011. (jg, ) (Entered: 07/14/2011)
409 MOTION for Entry of Consent Decrees by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Standridge, Amber) (Entered:

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 38 of 42

07/20/2011 07/20/2011 07/20/2011
07/21/2011 07/22/2011
07/22/2011 07/26/2011 07/28/2011 07/28/2011 07/28/2011 07/28/2011
08/16/2011
08/16/2011

07/18/2011)
410 CONSENT Decree Between Plaintiff United States and Defendant Jewel Manahan. Signed by Honorable Judge Mark E. Fuller on 7/20/2011. (jg, ) (Entered: 07/20/2011)
411 CONSENT Decree Between Plaintiff United States and Defendant Abraham Campbell. Signed by Honorable Judge Mark E. Fuller on 7/20/2011. (jg, ) (Entered: 07/20/2011)
412 ORDER; On July 12 and July 18, 2011, the United States filed a Joint Motions for Entry of Consent Decree. (Docs. 406 and 409 ). Those consent decrees were entered, resolving the United States' claims against James and Barbara Clark, Guest Property Sales, LLC, Abraham Campbell, and Jewel Manahan. Accordingly, it is hereby ORDERED that the claims against these Defendants are DISMISSED. The Clerk of the Court is DIRECTED to DISMISS James and Barbara Clark, Guest Property Sales, LLC, Abraham Campbell, and Jewel Manahan as parties to this action. Signed by Honorable Judge Mark E. Fuller on 7/20/2011. (jg, ) (Entered: 07/20/2011)
413 MOTION for Default Judgment as to Bahr, Dunn, McDonough and Rosenbaum by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Standridge, Amber) (Entered: 07/21/2011)
414 ORDER: 1. That the Motions in Limine (Doc. 348 , 349 , 354 , 357 ) filed on May 9, 2011 are DENIED as moot. 2. That the Motions for Default Judgment (Doc. 402 , 413 ) filed on July 7, 2011 and July 21, 2011 are set for hearing on July 27, 2011 at 9:00 A.M. in the United States Courthouse, One Church Street, Courtroom 2A, Montgomery, Alabama. 3. That the trial set for July 25, 2011 is CANCELLED. Signed by Honorable Judge Mark E. Fuller on 7/22/2011. (jg, ) (Entered: 07/22/2011)
415 ORDER that the hearing on the Motions for Default Judgment (Docs. 402 , 413 ) is reset for Thursday, July 28, 2011 at 9:00 A.M. in the United States Courthouse, One Church Street, Courtroom 2A, Montgomery, Alabama. Signed by Honorable Judge Mark E. Fuller on 7/22/2011. (jg, ) (Entered: 07/22/2011)
416 PRETRIAL MEMORANDUM by United States of America. (Keveney, Sean) (Entered: 07/26/2011)
ORAL MOTION to Withdraw Michael David Boyle and Michael Guy Holton as attorneys by Millennia Properties, LLC. (war, ) (Entered: 07/28/2011)
ORDER granting ORAL Motion to Withdraw as Attorney. Entered by Honorable Judge Mark E. Fuller on 7/28/11. (war, ) (Entered: 07/28/2011)
*** Attorney Michael David Boyle and Michael Guy Holton terminated pursuant to ORAL ORDER. (war, ) (Entered: 07/28/2011)
417 Minute Entry for proceedings held before Honorable Judge Mark E. Fuller: Motion Hearing held on 7/28/2011 re 413 MOTION for Default Judgment as to Bahr, Dunn, McDonough and Rosenbaum filed by United States of America, 402 MOTION for Default Judgment as to Millennia Properties, LLC filed by United States of America (PDF available for court use only). (Court Reporter Patricia Starkie.) (Attachments: # 1 Witness List) (kcg, ) (Entered: 08/10/2011)
418 ORDER as follows: 1. The United States' Motion for Default Judgment against Millennia Properties, LLC is GRANTED. Millennia Properties, LLC's Answer shall be STRUCK from the record. 2. The United State' Motion for Default Judgment against Matthew Bahr, Bruce Dunn, Sean McDonough, Brett Rosenbaum is GRANTED. 3. A separate final judgment shall enter. The Clerk of the Court is DIRECTED to mail a copy of this Order to Evette Hester, Executive Director of the Montgomery Housing Authority, at 525 South Lawrence Street, Montgomery, Alabama 36104. Signed by Honorable Judge Mark E. Fuller on 8/16/2011. (jg, ) (Entered: 08/16/2011)
419 FINAL JUDGMENT: 1. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Matthew Bahr and in favor the United States in the amount of

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 39 of 42

08/18/2011 09/12/2011 09/12/2011 09/13/2011
09/13/2011
09/13/2011

$17,000, to be distributed as further set out; 2. Pursuant to 42 U.S.C. § 3614(d) (1)(C), judgment is further ENTERED against Matthew Bahr and in favor of the United States for civil penalties in the amount of $10,000. 3. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Sean McDonough in the amount of $4,250, to be distributed as follows: $3,750 to Nancy Jones and $500 to Valisha Jones−Hampton. 4. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Sean McDonough for civil penalties in the amount of $2,000. 5. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Bruce Dunn in the amount of $2,500, to be distributed to Loretta Hull. 6. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Bruce Dunn for civil penalties in the amount of $1,000. 7. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Millennia Properties, LLC in the amount of $2,500 to Tamekia Kemp. 8. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Millenia Properties, LLC for civil penalties in the amount of $1,000. 9. Pursuant to 42 U.S.C. § 3614(d)(1)(B) judgment is ENTERED against Brett Rosenbaum in the amount of $500 to be distributed to Maggie Williams. 10. Pursuant to 42 U.S.C. § 3614(d)(1)(C), judgment is further ENTERED against Brett Rosenbaum for civil penalties in the amount of $1,000. 11. It is the judgment of this Court that Matthew Bahr, Sean McDonough, Bruce Dunn, Millennia Properties, and Brett Rosenbaum and their agents, employees, successors, and all persons in active concert or participation with them are hereby ENJOINED, as further set out. 12. The Clerk of the Court is DIRECTED to enter this as a final judgment on the record pursuant to Rule 58 of the Federal Rules of Civil Procedure and close this file. Signed by Honorable Judge Mark E. Fuller on 8/16/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 08/16/2011)
420 ORDER that the Court did not need to consider the other exhibits provided, the United States' request for those documents to be admitted into evidence is DENIED. Attached to this Order are the two affidavits the Court considered in relation to the Motions for Default Judgment (Doc. 402 , 413 ). They are labeled here as Court's Exhibits 1 and 2. The remaining binders of offered exhibits will not be maintained in the record for this case. Signed by Honorable Judge Mark E. Fuller on 8/18/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(jg, ) (Entered: 08/18/2011)
421 NOTICE of Appearance by Micheal Stewart Jackson on behalf of Matthew Bahr (Jackson, Micheal) (Entered: 09/12/2011)
422 NOTICE of Appearance by Taylor Patrick Fendley on behalf of Matthew Bahr (Fendley, Taylor) (Entered: 09/12/2011)
423 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Calandra Wright) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before District Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/4/2011. Redacted Transcript Deadline set for 10/14/2011. Release of Transcript Restriction set for 12/12/2011. (jg, ) Modified on 9/13/2011 to clarify docket text (jg, ). (Entered: 09/13/2011)
424 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Loretta Cates) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/4/2011. Redacted Transcript Deadline set for 10/14/2011. Release of Transcript Restriction set for 12/12/2011. (jg, ) (Entered: 09/13/2011)
425 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Rita Julian) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 40 of 42

09/13/2011
09/13/2011
09/15/2011 09/15/2011 09/21/2011 09/22/2011 09/30/2011 09/30/2011 09/30/2011

28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/4/2011. Redacted Transcript Deadline set for 10/14/2011. Release of Transcript Restriction set for 12/12/2011. (jg, ) (Entered: 09/13/2011)
426 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (Britney Knight) Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/4/2011. Redacted Transcript Deadline set for 10/14/2011. Release of Transcript Restriction set for 12/12/2011. (jg, ) (Entered: 09/13/2011)
427 MOTION to Alter Judgment 419 Judgment,,,,,,,, [DEFENDANT MATTHEW BAHR'S MOTION TO ALTER, AMEND OR VACATE FINAL JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF FROM FINAL JUDGMENT] by Matthew Bahr. (Attachments: # 1 Exhibit A to Bahr's Motion to Alter, Amend or Vacate Final Judgment etc., # 2 Exhibit B to Bahr's Motion to Alter, Amend or Vacate Final Judgment etc., # 3 Exhibit C to Bahr's Motion to Alter, Amend or Vacate Final Judgment etc., # 4 Exhibit D to Bahr's Motion to Alter, Amend or Vacate Final Judgment etc.)(Jackson, Micheal) Document has been edited to restrict access to personal information pursuant to the E−Government Act. Modified on 9/14/2011 (jg, ). (Additional attachment(s) added on 9/26/2011: # 5 Redacted Exhibit A, # 6 Redacted Exhibit B, # 7 Redacted Exhibit C) (jg, ). (Entered: 09/13/2011)
428 MOTION for Release of Funds by United States of America. (Attachments: # 1 Text of Proposed Order)(Keveney, Sean) (Entered: 09/15/2011)
429 ORDER: Upon consideration of the defendant Matthew Bahr's Motion to Alter, Amend or Vacate Final Judgment or, in the Alternative, Motion for Relief from Final Judgment 427 filed on September 13, 2011, it is hereby ORDERED as follows: 1. The plaintiff shall file a response which shall include a brief and any evidentiary materials on or before September 30, 2011. 2. The defendant may file a reply brief on or before October 7, 2011. Signed by Honorable Judge Mark E. Fuller on 9/15/2011. (jg, ) (Entered: 09/15/2011)
430 NOTICE of Intent to Request Redaction by Amber R Standridge re 425 Transcript,, 424 Transcript,, 423 Transcript,, 426 Transcript,, (Standridge, Amber) (Entered: 09/21/2011)
431 ORDER granting 428 Motion for approval of distribution of settlement fund; the plaintiff will make distribution according to the schedule set out in the motion. Signed by Honorable Judge Mark E. Fuller on 9/22/11. (djy, ) (Entered: 09/22/2011)
432 RESPONSE in Opposition re 427 MOTION to Alter, Amend or Vacate 419 Judgment filed by United States of America. (Severino, Roger) Modified on 10/3/2011 to clarify docket text (jg, ). (Entered: 09/30/2011)
433 MOTION for Order re 420 Order,, to Supplement the Record by United States of America. (Attachments: # 1 Exhibit Original Hearing Exhibit List, # 2 Index of All Appended Evidence, # 3 Affidavit Javier Declaration, # 4 Exhibit Certified Tax Record for 105 Stuart, # 5 Exhibit Certified Tax Record for 609 Boyce, # 6 Exhibit Certified Tax Record for 817 N. Pass, # 7 Exhibit Norsworthy Deposition Excerpts 2011)(Standridge, Amber) (Entered: 09/30/2011)
436 MOTION to Seal re 433 Motion to Supplement the Record by United States of America. (Attachments: SEALED PURSUANT TO 446 # 1 Description of Exhibit List, # 2 Exhibit A−Certificate of Records, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 41 of 42

10/03/2011 10/04/2011 10/05/2011
10/05/2011
10/05/2011
10/05/2011

3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6) # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 22, # 13 Exhibit 32) # 14 Exhibit 37−Part 1, # 15 Exhibit 37−Part 2, # 16 Exhibit 37−Part 3, # 17 Exhibit 38−Part 1, # 18 Exhibit 38−Part 2, # 19 Exhibit 38−Part 3, # 20 Exhibit 38−Part 4) (jg, ). (Additional attachment(s) added on 10/5/2011: # 21 Exhibit 43, # 22 Exhibit 44, # 23 Exhibit 45, # 24 Exhibit 49, # 25 Exhibit 50, # 26 Exhibit 51) (jg, ). (Additional attachment(s) added on 10/5/2011: # 27 Exhibit 52, # 28 Exhibit 53, # 29 Exhibit 54, # 30 Exhibit 55, # 31 Exhibit 56, # 32 Exhibit 57, # 33 Exhibit 58, # 34 Exhibit 59, # 35 Exhibit 60, # 36 Exhibit 61, # 37 Exhibit 62, # 38 Exhibit 63) # 39 Exhibit 64, # 40 Exhibit 65−Part 1, # 41 Exhibit 65−Part 2, # 42 Exhibit 65−Part 3, # 43 Exhibit 65−Part 4, # 44 Exhibit 65−Part 5, # 45 Exhibit 66, # 46 Exhibit 67, # 47 Exhibit 68) (jg, ). Modified on 10/5/2011 (jg, ). Modified on 4/19/2012 (jg, ). (Entered: 10/05/2011)
434 ORDER: Upon consideration of the government's Motion to Supplement the Record 433 filed on September 30, 2011, it is hereby ORDERED that the parties show cause in writing on or before October 13, 2011 as to why the motion should not be granted. Signed by Honorable Judge Mark E. Fuller on 10/3/2011. (jg, ) (Entered: 10/03/2011)
435 Transcript Redaction Request re 425 Transcript,, 424 Transcript,, 423 Transcript,, 426 Transcript,, by attorney Amber R Standridge. (Standridge, Amber) (Entered: 10/04/2011)
437 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Britney Knight (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/26/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/3/2012. (jg, ) (Entered: 10/05/2011)
438 NOTICE OF FILING OF OFFICIAL SECOND REDACTED TRANSCRIPT of Testimony of Loretta Cates (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/26/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/3/2012. (jg, ) (Entered: 10/05/2011)
439 NOTICE OF FILING OF SECOND REQUEST OFFICIAL TRANSCRIPT of Testimony of Rita Julian (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/26/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/3/2012. (jg, ) (Entered: 10/05/2011)
440 NOTICE OF FILING OF REDACTED SECOND REQUEST OFFICIAL TRANSCRIPT of Calandra Wright (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 28, 2011, before Judge Mark E. Fuller. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/26/2011. Redacted Transcript Deadline set for

Case: 2:08-cv-573 As of: 06/28/2012 09:58 PM CDT 42 of 42

10/07/2011
10/13/2011
03/01/2012 03/06/2012 03/13/2012 04/19/2012

11/7/2011. Release of Transcript Restriction set for 1/3/2012. (jg, ) (Entered: 10/05/2011)
441 REPLY TO UNITED STATES OF AMERICA'S 432 RESPONSE TO MOTION TO ALTER, AMEND OR VACATE FINAL JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF FROM FINAL JUDGMENT filed by Matthew Bahr. (Jackson, Micheal) Modified on 10/11/2011 to clarify docket text (jg, ). (Entered: 10/07/2011)
442 RESPONSE in Opposition re 433 MOTION for Order re 420 Order,, to Supplement the Record MOTION for Order re 420 Order,, to Supplement the Record [DEFENDANT MATTHEW BAHR'S RESPONSE AND OBJECTION TO UNITED STATES OF AMERICA'S MOTION TO SUPPLEMENT THE RECORD] filed by Matthew Bahr. (Jackson, Micheal) (Entered: 10/13/2011)
443 MOTION to Stay Execution Pending Disposition of Motion to Alter, Amend or Vacate by Matthew Bahr. (Jackson, Micheal) (Entered: 03/01/2012)
444 ORDER: Upon consideration of the defendant Bahr's Motion for Stay 443 filed on March 1, 2012, it is hereby ORDERED that the government show cause in writing on or before March 14, 2012 as to why the motion should not be granted. Signed by Honorable Judge Mark E. Fuller on 3/6/2012. (jg, ) (Entered: 03/06/2012)
445 RESPONSE in Opposition re 443 MOTION to Stay Execution Pending Disposition of Motion to Alter, Amend or Vacate filed by United States of America. (Attachments: # 1 Exhibit A)(Severino, Roger) (Entered: 03/13/2012)
446 MEMORANDUM OPINION AND ORDER as follows: 1. Bahr's Motion to Alter, Amend or Vacate Final Judgment 427 is DENIED. 2. Bahr's Motion to Stay Execution Pending Disposition 443 is DENIED AS MOOT. 3. The United States' Motion to Supplement the Record 433 is GRANTED. 4. The United States' Motion to Seal 436 is GRANTED. Signed by Honorable Judge Mark E. Fuller on 4/19/2012. (Attachments: # 1 Civil Appeals Checklist)(jg, ) (Entered: 04/19/2012)