Il\ THE uNITED STATES DISTRICT COURT 
 FOR THE NORTHERN DISTRICT OF INDIANA 


United Slales of America,

)

)

Plaintiff,

)

)

v.

)

Civil Action No.

)

2 08C V020fl

Autumn Ridge Condominium

)

Association, Inc.

)

Richard Archie, Ronald Patterson, and

)

James Reed,

)

)

Defendants.

)

)

COMPLAINT

The United States of America alleges as follows:

NATURE OF THE ACTION

J. This action is brought by the United States to enforce Title VIII of the Civil

Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Fair Housing

Act), 42 U.s.c. §§ 3601-3619. It is brought on behalf of David Haddox, Kourtney Valentine,

Diane Webster-Rangel, Herman Hoge and Polly Koesters pursuant to Section 812(0) of the Fair

Housing Act, 42 V.S.c. § 3612(0), and Sections 814(a)-(c) ofthe Fair Housing Act, 42 U.S.C.

§ 3614(a)-(c).

JURISDICTION AND VEl'iUE

2. This Court has jurisdiction over this action under 28 U.S.C. § 1345, and 42 U.S.c.

§§ 3612(0) and 3614(a).

3. Venue is proper because all Defendants reside in the Northern District of Indiana and because the claims alleged herein arose in the Northern District ofIndiana.
DEFENDANTS 4. Defendant Aultmm Ridge Condominium Association, Inc. (Hthe Association") is an Indiana corporation with its principal place of business at Autumn Ridge Condominiums ("Autumn Ridge"), located at 633 South Street, Munster, Indiana in the Northern District of Indiana. Autumn Ridge consists of 20 condominium units and associated common areas. Each of the condominum units at Autumn Ridge is a dwelling within the meaning of 42 U.S.c. § 3602(b). The Association is responsible for the management and operation of Autumn Ridge. 5. At all times relevant to this Complaint, the Association has had a three-member Board of Directors, consisting of Defendants Richard Archie, Ronald Patterson, and James Reed, each of whom is a white male. Among other things, the Board is and has been responsible for approving prospective purchasers for residency at Autumn Ridge. At all times relevant to this Complaint, Archie has been the president of the Board, Patterson the vice-president, and Reed the Treasurer. Archie, Patterson and Reed each reside in the Northern District of Indiana.
THE ATTEMPT TO PURCHASE 633 SOUTH STREET, UNIT 206 6. David Haddox is an African-American male. Kourtney Valentine is an AfricanAmerican female with two minor children. At all times relevant to this Complaint, Haddox and Valentine were engaged to be married. 7. In October 2006, Haddox and Valentine retained the services of Herman Hoge, the owner of a local RE!MAX franchise, (0 assist them in searching for a home they could
2 


purchase. Hoge assigned Michelle Bauer and Vickie Wilson to act as real estate agents for
Haddox and Vak.'l1tine.
8. Diane Webster-Rangel is a white female. At all times relevant to this Complaint
Webster-Rangel was the owner of the condominium located at 633 South Street, Unit 206 ("the
Autumn Ridge condominium") in Autumn Ridge, where she had previously lived with her
husband and two minor step-children. In August 2006, Webster-Rangel retained Polly Koesters,
a real estate agent, to sell the Autumn Ridge condomini urn.
9. On November 25,2006, Webster-Rangel and Haddox entered into a written
agreement whereby Webster-Rangel would sell the Autumn Ridge condominium to Haddox for
$122,000.
10. From its inception in or around 1986 until June 25, 2007, the Declaration of
Condominium for Autumn Ridge included a provision prohibiting minor chi ldren from residing
at Autumn Ridge. The provision stated as follows:
L Minor Children. No Apartment shall be sold or conveyed to a Person having a minor (as that term is defined herein) child or children, if such minor, or minors, are to live in or occupy such Apartment, and no Person thereafter becoming a parent of a minor or minors, shall continue to own such Apartment, if such minor or minors are to live in or occupy such Apartment, and such Apartment Owners shall be subject to the provisions of Article XIV [Enforcement] of this Declaration. As used in this paragraph, the term "minor" shall mean and include only those Persons between the ages of two (2) and seventeen (17) years, inclusive.
11. On November 26, 2006, in the course ofpreparing for the home inspection and
closing, Wilson received and reviewed the Autumn Ridge Declaration of Condominium and
noticed the provision prohibiting minor children from living at Autumn Ridge. Knowing that
3 


Valentine had minor children, Wilson contacted Koesters. Koesters returned the call the next day, and spoke with another of Haddox's real estate agents, Michelle Bauer. Koesters informed Bauer that children would not be a problem, and that the seller, Webster-Rangel, also had minor children living in the Autumn Ridge condominium. Bauer also spoke with Defendants Archie and Patterson, both of whom told Bauer that Valentine's children would not prevent Haddox and Valentine from receiving Board approval, although Patterson expressed the view that Autumn Ridge was not conducive to children. Patterson also informed Bauer that the Board would need to meet the prospective purchaser in person. Bauer explained that Haddox was currently working out of state and made an appointment for Valentine to meet the Board on November 30, 2006 at 7:30p.m.
12. On November 30, 2006, Valentine inspected the Autumn Ridge condominium with her property inspector during the day, and met Defendants Archie and Patterson for the first time during the inspection.
13. Later that evening, around 7:30 p.m. on November 30, 2006, Valentine and Wilson met with Defendants Archie, Patterson and Reed. Defendants stated that they had had problems with Webster-Rangers children and that Autumn Ridge was not conducive to children and had no place for children to play. Defendants also stated, however, that Valentine's children would not be a ban'ier to Board approval. Defendants said that they would need to meet with Haddox, and the Defendants, Valentine, and Wilson set up an appointment for the Defendants to meet with Haddox on December 9, 2006. Prior to the two meetings on November 30,2006, Defendants had not known that Valentine was African-American. No African-American has
4 


ever resided at Autumn Ridge. 14. Valentine communicated to Haddox her understanding that the children would not
be a problem with regard to Board approval. On December 1, 2006, Haddox paid $600 to lock in the interest rate on the loan he had secured to purchase the Autumn Ridge condominium.
15. On the morning of December 2, 2006, Bauer received a call from Defendant Archie. Archie informed Bauer that the Board was rejecting Haddox because of Valentine's children. He asserted that there had been problems in the past with children living at Autumn Ridge, and again stated that there was no playground on the property.
16. Upon learning that they had been rejected, Haddox and Valentine telephoned Defendant Archie. Arehie again mentioned the problems Autumn Ridge had experienced with Webster-Rangers children, and stated, "We just don't want to deal with having any more children in the building," or words to that effect. Archie affilmed that the Board was rejecting Haddox and Valentine for occupancy.
17. Defendants rejected Haddox and Valentine for occupancy because of Valentine's children and because Valentine was African-American.
18. On December 4, 2006, Bauer left Archie a message requesting that Haddox be reimbursed for the expenses he had incurred in connection with the purchase. Archie returned her call the next day, stating that Haddox needed to put his request in writing. Haddox complied, sending a certified letter to the Condominium Association, which stated in relevant part as follows:
Prior to December 2, 2006 I incurred the following fees in the purchase of 633 South Street, #206 in Munster: $239 for a home inspection and $600 to lock
5

in my rate with my lender. Both are non-refundable, On December 2, 2006, I was told 1 could not purchase this property because the association is no longer accepting children. Prior to December 2, 2006 I was told children would be allowed. This is why I'm asking the association to reimburse me a total of $839 for fees incurred.

19. Archie received and signed for the letter identified in paragraph 18 on December

15, 2006. Haddox did not receive a response to the letter. Nor did Haddox receive

reimbursement for any part of the fees he had paid for the home inspection or (0 lock in the

interest rate.

20. At some point in early 2007, Webster-Rangel accepted an offer from a white

couple to purchase the Autumn Ridge condominium for their adult son, who is also white, The

purchase priee was less than the amount agreed to by Haddox. The Board approved the son as a

resident.
2 L

As a result of the Defendants' conduct, Hoge, Bauer and Wilson did not receive

any commission from the sale of Autumn Ridge condominium.

22. As a result ofthe Defendants' conduct, Koester received a commission from the

sale at a later time than she would have if the Board had approved Haddox and Valentine as

residents. In addition, because the eventual purchase price was for a lower amount than !be

amount to which Webster-Rangel and Haddox had agreed, Koester received a smaller

commission than she would have received if the Board had approved Haddox and Valentine.

HUD INVESTIGATION AND CHARGE 23. On March 26, 2007, Complainants David Haddox, Kourtney Valentine, Diane

Webster-Rangel, Hennan Hoge and Polly Koesters ('"Complainants") filed a complaint with the 6

United States Department of Housing and Urban Development (Hl;1) alleging that Defendants Autumn Ridge Condominium Association, Richard Archie, Ronald Patterson and James Reed discriminated against them in violation of the Fair Housing Act by refusing to approve the proposed purchase of the Autumn Ridge condominium by David Haddox because of the race and familial status of Haddox and his fiancee, Kourtney Valentine, and by making discriminatory statements based on familial status,
24. As required by the Fair Housing Act, 42 U,S,c. §§ 3610(a) and (b), the Secretary ofHUD conducted an investigation oftlle complaint, attempted conciliation without success, and prepared a final investigative report, Based on the information gathered in the course of this investigation, the Secretary, pursuant to 42 U.S,C, § 3610(g), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. Therefore, on or about May 29, 2008, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination pursuant to 42 U.S.C. § 361O(g), charging the Defendants with discrimination on the basis of race and familial status in violation ofthe Fair Housing Act.
25. On June 12,2008, Defendants elected to have the claims asserted in HUD's Charge of Discrimination resolved in a federal civil action pursuant to 42 U.s.C. § 3612(a).
26. On June 17,2008, the Chief Administrative Law Judge issued a Notice of Election and temlinated the administrative proceeding on the HUD complaint.
27. Following this Notice of Election, the Secretary ofHUD authorized the Attorney General to commence a civil action, pursuant to 42 U.s.c. § 3612(0),
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FIRST CLAIM FOR RELIEF 
 28, Plaintiff re-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-27, above, 29, By the actions and statements referred to in the foregoing paragraphs, Defendants have: (a) Refused to sell after the making of a bona fide offer, refused to negotiate for the
sale, or otherwise made unavailable, a dwelling because of race and/or familial status, in violation of 42 USc. § 3604(a); (b) Discriminated in the terms, conditions or privileges of the sale of a dwelling, or in the provision of services or facilities in connection therewith, on the basis of race and/or familial status, in violation of 42 USC. § 3604(b); (c) Made, printed, or published one or more notices, statements, or advertisements, with respect to the sale of a dwelling that indicated a preference, limitation, or discrimination based on familial status, in violation of 42 li.S.C. § 3604(c); 30. Complainants David Haddox, Kourtney Valentine, Diane Webster-Rangel, Helman Hoge and Polly Koesters have all suffered damages as a result of Defendants' conduct. 31. Defendants' actions described in the preceding paragraphs were intentional, willful, and taken in disregard forthe rights of the Complainants,
SECOND CLAIM FOR RELIEF 32. Plaintiffre-alleges and herein incorporates by reference the allegations set forth in paragraphs 1-31, above.
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33. Defendants' conduct based on familial status, which is 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. §§ 3604(a), 3604(b) and 3604(c), in violation of 42 U.S.C. § 3614(a); or
(b) A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3604(a), 3604(b) and 3604(c), which raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a).
34. In addition to the Complainants, there are other victims of Defendants , discriminatory actions and practices who are "aggrieved persons" as defined in 42 U.S.C. § 3602(i), including Vickie Wilson and Michelle Bauer. These persons may have suffered actual injury and damages as a result of Defendants' discriminatory conduct.
35. Defendants' actions were intentional, willful, and taken in disregard for the rights of others. including Vickie Wilson and )Y[ichelle Bauer.
WHEREFORE, the United States prays that the court enter an ORDER that: 1. Declares that Defendants' policies and practices, as alleged herein, violate the Fair Housing Act; 2. Declares that Defendants have engaged in a pattern or practice of discrimination in violation of the Fair Housing Act, or have denied rights guaranteed under the Fair Housing Act to a group of persons raising an issue of public importance; 3. Enjoins Defendants, their officers, employees, agents, successors and all other persons
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in active concert or participation with any ofthem, from (a) discriminating on the basis of race or familial status, in violation of the Fair Housing Act §§ 360 I g:q; and (b) failing or refusing to take such steps that may be necessary to prevent the recurrence of any discriminatory conduct in the future and to eliminate, to the extent practicable, the effects of the Defendants' unlawful housing practices;
4. Awards monetary damages, pursuant to 42 U.S.C. §§ 3612(0)(3), 3613(c)(l), and 36 I4(d)(1)(B) to all persons harmed by the Defendants' discriminatory practices; and
5. Assesses a civil penally against Defendants in an amount authorized by 42 U.S.C. § 3614(d)(l)(C) and 28 C.F.R. § 85.3(b)(3) to vindicate the public interest.
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The United States further prays for such additional relief as the interests ofjustice may require.

Dated: July 14, 2008

MICHAEL B. MUKASEY Attorney General

~~~/rtM
GRACE CHl.JNG BECKER Acting Assistant Attomey General Civil Rights Division
4MtJ~~"J STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section Civil Rights Division

Deputy ChI M. ELIZABETH PARR Trial Attomey United States Department of Justice Civil Rights Division Housing and Civil Enforcement
Section - G Street 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Tel.: (202) 305-2957 Fax: (202)514-1116 elizabeth.parr@usdoj.gov
11

DAVID A. CAPP United States Attorney
By: N
1\5 istant Unj tl tes Attorney ited States Attorney's Office .S. Department of Justice
5400 Federal Plaza 
 Suite 1500 
 Hammond, TN 46320 
 Phone: (219) 937-5500 
 Fax: (219) 852-2770 
 sharon.johnson2@usdoj.gov 

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 case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 1 of 18

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

and

)

)

DAVID HADDOX, KOURTNEY

)

VALENTINE, DIANE WEBSTER-

)

RANGEL, HERMAN HOGE, POLLY )

KOESTERS, VICKI WILSON and

)

MICHELLE BAUER,

)

)

Intervening Plaintiffs,

)

)

v.

)

)

AUTUMN RIDGE CONDOMINIUM

)

ASSOCIATION INC., et al.,

)

)

Defendants.

)

2:08-CV-208-PPS

AGREED CONSENT ORDER This matter is before the Court on the parties’ stipulation to the entry of a consent

judgment [DE 158].

A consented judgment is a court order that “embodies the terms agreed upon by the

parties as a compromise to litigation.” U.S. v. Alshabkoun, 277 F.3d 930, 934 (7th Cir. 2002).

The parties’ settlement agreement provides the basis for this Court’s authority to enter such a

judgment. Id. This authority includes the authority to incorporate the provisions of the parties’

settlement agreement into the judgment, and to retain jurisdiction over the parties and the subject

matter of this action for the purpose of enforcing the judgment. See Kokkonen v. Guardian Life

Ins. Co., 511 U.S. 375, 381 (1994); Lucille v. City of Chicago, 31 F.3d 546, 548 (7th Cir. 1994).

The Court, having reviewed the stipulated order and judgment, and being duly advised,

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 2 of 18
now APPROVES the stipulation [DE 158], and enters it as an order of the Court as follows: I. Factual and Procedural Background
The United States initiated this action on July 14, 2008, against the Autumn Ridge Condominium Association, Inc. (“ARCA”), and the three members of its Board of Directors, Richard Archie, Ronald Patterson, and James Reed. In its complaint, the United States alleges that Defendants violated the Fair Housing Act, Title VIII of the Civil Rights Act of 1988, 42 U.S.C. §§ 3601 et seq. (the “Act” or the “FHA”), on the basis of race or color and familial status with respect to the sale of Unit 206 the Autumn Ridge condominium complex, located at 633 and 643 South Street in Munster, Indiana (“Autumn Ridge”).
The United States alleges that, were this case to proceed to trial, the United States would present evidence including the following:
1. At all times relevant to this lawsuit, the ARCA governed all units in Autumn Ridge through its Declaration of Condominium, By-Laws, and Rules and Regulations. Richard Archie has served as President of the ARCA since 1991. Ronald Patterson has served as Vice-President of the ARCA since April 2006. James Reed has served as Treasurer of the ARCA since 2004 or 2005.
2. Complainant Diane Webster-Rangel owned Unit 206 of Autumn Ridge from late 2004 until January 2007. She lived in the unit with her now husband, Ed Rangel, and his two minor children.
3. At all times relevant to this lawsuit, ARCA’s Declaration of Condominium contained a provision (Article VII.I.) prohibiting minor children from residing in Autumn Ridge. The provision stated as follows: “Minor Children. No Apartment shall be sold or conveyed to a
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case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 3 of 18
Person having a minor (as that term is defined herein) child or children, if such minor, or minors, are to live in or occupy such Apartment, and no Person thereafter becoming a parent of a minor or minors, shall continue to own such Apartment, if such minor or minors are to live in or occupy such Apartment, and such Apartment Owners shall be subject to the provisions of Article XIV [Enforcement] of this Declaration. As used in this paragraph, the term “minor” shall mean and include only those Persons between the ages of two (2) and seventeen (17) years, inclusive.”
4. On or about November 21, 2006, Complainant David Haddox contracted with Complainant Diane Webster-Rangel to purchase Unit 206 for $126,200. Haddox intended to live in the unit with his fiancé, Complainant Kourtney Valentine, and her two minor children. Haddox and Valentine are African-American.
5. On November 30, 2006, Defendants met with Ms. Valentine and her realtor, Vickie Wilson. During this meeting, Defendants made several statements to the effect that Autumn Ridge was not conducive to children.
6. The United States alleges that on December 2, 2006, Defendant Archie contacted Mr. Haddox’s realtor and informed her that the Board had decided not to accept any more children for residency at Autumn Ridge. Later that same day, Mr. Haddox spoke to Defendant Archie on the telephone, during which conversation Defendant Archie confirmed to Mr. Haddox that he was being rejected for residency at Autumn Ridge because of Ms. Valentine’s children. Defendants deny these allegations.
7. On or around December 9, 2006, Mr. Haddox wrote a letter to Defendants requesting reimbursement of fees he incurred in connection with his attempt to purchase the unit at Autumn Ridge. In the letter, he stated: “On December 2, 2006, I was told I could not purchase
3

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 4 of 18
this property because the association is no longer accepting children. Prior to December 2, 2006, I was told children would be allowed. This is why I’m asking the association to reimburse me a total of $839 for fees incurred.” Mr. Haddox provided this letter to his realtors, who then forwarded the letter, along with Mr. Haddox’s receipts, to Defendants on December 13, 2006. Defendant Archie received and signed for the letter on December 15, 2006. Defendants did not respond to Mr. Haddox’s letter.
8. No African-American has ever resided at Autumn Ridge. The United States alleges that the conduct of Defendants as described above constituted a refusal to allow the sale of, or otherwise making unavailable, a dwelling because of race or color and familial status, in violation of 42 U.S.C. § 3604(a); discrimination in the terms, conditions or privileges of the sale of a dwelling, or in the provision of services or facilities in connection therewith, on the basis of race or color and familial status, in violation of 42 U.S.C. § 3604(b); and the making, printing, or publishing of statements with respect to the sale of a dwelling that indicate a preference, limitation, or discrimination based on familial status, in violation of 42 U.S.C. § 3604(c). The United States further alleges that Defendants’ conduct constitutes a pattern or practice of resistance to the full enjoyment of rights granted by the Act, and a denial to a group of persons of rights granted by the Act, which denial raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a). Defendants deny that they discriminated against David Haddox and Kourtney Valentine on the basis of race or familial status in violation of the Fair Housing Act. Defendants state that the provision in the ARCA Declaration of Condominium prohibiting minor children (Article
4

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 5 of 18
VII.I) was never enforced. After the receipt of the Complaint, which preceded the filing of the Charge in this case, the Declaration was amended to delete that provision.
Defendants further deny that they engaged in a pattern or practice of discrimination, or in any other way, violated any of the provisions of Sections 42 U.S.C. 3604(a), 3604(b), 3604(c), or 3614(a). Nevertheless, the parties desire to avoid costly and protracted litigation and agree that the claims against Defendants should be settled and resolved without the necessity of a trial. Accordingly, the parties have agreed to the entry of this Consent Order, as indicated by the signatures below.
Therefore, it is ORDERED, ADJUDGED and DECREED as follows: II. Injunction
1. Defendants, their agents, employees, successors, and all persons in active concert or participation with them are hereby enjoined, with respect to the sale or rental of dwellings, from:
a. Refusing to allow the sale or rental of, or the negotiating for the sale or rental of, or otherwise making unavailable or denying, a dwelling to any person because of race or color or familial status;
b. Discriminating in the terms, conditions or privileges of the sale of a dwelling, or in the provision of services or facilities in connection therewith, on the basis of race or color or familial status; and
c. Making, printing, or publishing, or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race or color and familial status, or an
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case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 6 of 18
intention to make any such preference, limitation, or discrimination. III. Amendment of Declaration of Condominium and Notice of Approval/Disapproval
2. Defendants’ responsibilities under this Consent Order shall apply to each and every dwelling unit in which any Defendant has an ownership, management, or other financial interest, and to any and all dwelling units governed, controlled, or regulated in any way by Defendants. Dwelling units subject to this Order are hereinafter referred to as “covered dwelling units,” a current list of which is attached as Appendix A. Defendants’ signatures to this Order serve as a certification of the completeness and accuracy of this list.
3. Within thirty (30) days after the entry of this Consent Order, Defendant ARCA shall prepare and implement a uniform, non-discriminatory board approval policy governing the rental or sale of covered dwelling units that shall be applied equally to all applicants or purchasers, actual and prospective, regardless of their race or color or familial status. Such board approval policy shall provide that, within seven (7) calendar days after a decision is made by the Board regarding whether to accept or reject a prospective purchaser or renter of a unit at Autumn Ridge, the Board must provide the prospective purchaser or renter with written notice of its decision. The form of this written notice is set forth at Appendix B (“Notice of Approval/Disapproval”).
4. Within thirty (30) days after the entry of this Consent Order, Defendants shall submit this board approval policy to the United States for approval. Within thirty (30) days after receiving approval of the United States, Defendant ARCA shall amend the Declaration of Condominium to remove the current section VII.C., entitled “Approval by Association,” and replace it with this new board approval policy, which shall apply to all prospective purchasers or
6

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 7 of 18
renters of units at Autumn Ridge. 5. Defendant ARCA’s Condominium Rules and Regulations shall not contain any
prohibition on the occupancy of any condominium unit by families with children. The sentence “No minor child, as that term is defined in the Declaration of Condominium, shall be an Occupant of an APARTMENT” shall be removed from Exhibit I, Paragraph 4 of the Condominium Rules and Regulations. IV. Notice to Public of Nondiscrimination Policies
6. Within thirty (30) days after the date of entry of this Consent Order, Defendants shall prominently post in all common areas of Autumn Ridge a fair housing sign no smaller than ten (10) inches by fourteen (14) inches indicating that the property is operated and managed on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.
7. Within thirty (30) days after the date of entry of this Consent Order, Defendants shall provide written notice to all current residents of Autumn Ridge that the provisions of the Declaration of Condominium and Condominium Rules and Regulations prohibiting minor children from residing at Autumn Ridge have been removed and that minor children are permitted to reside at Autumn Ridge. V. Replacement of the President of the Board of Directors
8. Defendant Archie shall resign as an officer and director of the ARCA. Such resignation shall be effective upon the election of a new board president, which should take place as soon as practicable, but no more than forty-five (45) days after the date of entry of this Consent Order. Defendant Archie is permanently enjoined from seeking or accepting any
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case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 8 of 18
position as an officer or director of the ARCA. VI. Mandatory Training
9. Within five (5) days after the date of entry of this Consent Order, Defendant ARCA shall provide a copy of this Order to all current officers and directors of the board of the ARCA and secure the signed statement from each officer or director acknowledging that he or she has received and read the Order, had the opportunity to have questions about the Order answered, and that he or she has also received and read the amended Declaration of Condominium, and agrees to abide by said policies and the relevant provisions of the Order and Declaration of Condominium. This statement shall be in the form of Appendix C.
10. Within thirty (30) days after the date of entry of this Consent Order, all current officers or directors of the board of the ARCA shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the bases of race or color and familial status. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant ARCA. Defendant ARCA shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance, in a form acceptable to the United States. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or time within which the course was completed.
11. During the term of this Order, within five (5) days after the election or appointment of each new officer or director of the board of the ARCA, Defendant ARCA shall provide a copy of this Order and the amended Declaration of Condominium to said officer or
8

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 9 of 18
director and secure the signed statement from each officer or director acknowledging that he or she has received and read the Order, had the opportunity to have questions about the Order answered, and that he or she has also received and read the amended Declaration of Condominium, and agrees to abide by said policies and the relevant provisions of the Order and Declaration of Condominium. This statement shall be in the form of Appendix C.
12. During the term of this Order, within thirty (30) days after the election or appointment of each new officer or director of the board of the ARCA, the new officer or director shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the bases of race or color and familial status. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant ARCA. Defendant ARCA shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance, in a form acceptable to the United States. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or time within which the course was completed. VII. Compliance Testing
13. The United States may take steps to monitor Defendants’ compliance with this Consent Order including, but not limited to, conducting fair housing tests of Defendants’ practices at Autumn Ridge. VIII. Reporting Requirements
14. Within ninety (90) days of the date of entry of this Consent Order, and every six (6) months thereafter for the duration of this Order, Defendant ARCA shall deliver to counsel for
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case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 10 of 18
the United States a report containing information about Defendants’ compliance efforts during the preceding reporting period, including but not limited to:
a. Copies of all mandatory acknowledgments signed by Defendant ARCA and its officers and directors, pursuant to Section VI of this Order; and
b. Copies of lists setting forth the occupancy of each covered dwelling unit by address and apartment number, including the race or color of each resident in that dwelling unit, whether there are individuals under the age of 18 residing in the unit, and whether the unit has been sold or leased during the reporting period.
c. Copies of any Notice of Approval/Disapproval, as provided in Section III of this Order.
15. During the period in which this Order is in effect, Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Defendants or Defendants’ officers or directors regarding race or color or familial status discrimination in housing. If the complaint is written, Defendants shall provide a copy of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of any resolution of such complaint. IX. Damage Payments to Aggrieved Persons
16. Within thirty (30) days after the date of entry of this Consent Order, the Defendants shall pay to Plaintiff-Intervenors the sum of ONE HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS ($106,500) in full and final settlement of their claims for damages
10

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 11 of 18
and attorneys’ fees. The check shall be made out to “David W. Weigle Trust Account” and shall be delivered to David W. Weigle, counsel for Plaintiff-Intervenors, at 5246 Hohman Avenue, Hammond, Indiana, 46320. The Defendant also shall send copies of the check(s) to the United States Department of Justice. Upon receipt of the check, counsel for Plaintiff-Intervenors shall send to the Defendant an executed release of all claims, legal or equitable, from each individual Plaintiff-Intervenor. The release shall be in the form attached hereto as Appendix D. X. Civil Penalty
17. Within thirty (30) days after the entry of this Consent Order, the Defendants shall pay a total of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500) to the United States as a civil penalty, pursuant to 42 U.S.C. 3614(d)(1)(C). This payment shall be delivered to counsel for the United States in the form of a cashier’s check payable to the “United States Treasury.” XI. Scope and Duration of Consent Order
18. The provisions of this Consent Order shall apply to all Defendants, their employees, agents, successors, and all persons acting in active concert or participation with them.
19. This Consent Order is effective immediately upon its entry by the Court and shall remain in effect for four (4) years.
20. The Court shall retain jurisdiction for the duration of this Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. XII. Remedies for Non-Compliance, Time for Performance, and Modifications
21. The United States may move the Court to extend the period in which this Order is
11

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 12 of 18
in effect if Defendants violate one or more terms of the Order or if the interests of justice otherwise require an extension of the terms of the Order.
22. Any time limits for performance imposed by this Order may be extended by mutual written agreement of the parties.
23. The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by any Defendant, whether willful or otherwise, to perform in a timely manner any act required by this Order or otherwise to comply with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and attorney's fees which may have been occasioned by the Defendant’s or Defendants’ violation or failure to perform.
24. The parties agree that in the event that any Defendant engages in any future violation of the Fair Housing Act, such violation shall constitute a “subsequent violation” pursuant to 42 U.S.C. § 3614(d).
12

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 13 of 18

By their signatures below, the parties consent to the entry of this Consent Order.

This, the 22nd day of October, 2010.

Respectfully submitted,

For Plaintiff United States:

DAVID A. CAPP United States Attorney Northern District of Indiana

THOMAS E. PEREZ Assistant Attorney General Civil Rights Division

SHARON J. JEFFERSON Assistant United States Attorney Office of the United States Attorney Northern District of Indiana 5400 Federal Plaza Suite 1500 Hammond, Indiana 46320 Tel.: (219) 937-5500 Fax: (219) 852-2770 sharon.jefferson2@usdoj.gov

/S/ M. Elizabeth Parr
STEVEN H. ROSENBAUM Chief TIMOTHY J. MORAN Deputy Chief M. ELIZABETH PARR Trial Attorney Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Northwestern Building, 7th Floor Washington, DC 20530 Tel: (202) 514-4713 Fax: (202) 514-1116 elizabeth.parr@usdoj.gov

13

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 14 of 18

For Plaintiff-Intervenors:
/S/ David W. Weigle
David W. Weigle David W. Weigle & Associates Hohman Avenue, Suite 201 Hammond, Indiana 46320 Tel.: (219) 937-1935 Fax: (800) 863-6860 weiglelaw@aol.com
For Defendants:
/S/ Harold A. Abrahamson
Harold A. Abrahamson, Esq. Abrahamson, Reed & Bilse Attorneys-at-Law 200 Russell Street Hammond, Indiana 46320-1818 Tel.: (219) 937-1500 Fax: (219) 937-3174 aralawfirm@aol.com
SO ORDERED.
Entered: October 27, 2010

Jeffrey A. Harkin 61 Roselawn Street Hammond, Indiana 46324 Tel.: (219) 808-6004 Fax: (800) 863-6860 weiglelaw@aol.com
s/ Philip P. Simon PHILIP P. SIMON, CHIEF JUDGE UNITED STATES DISTRICT COURT

14

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 15 of 18 Appendix A
LIST OF RESIDENTIAL PROPERTIES SUBJECT TO THIS CONSENT ORDER 1. Autumn Ridge, 633 and 643 South Street, Munster, Indiana
15

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 16 of 18
Appendix B NOTICE OF APPROVAL/DISAPPROVAL Pursuant to Section VII.C. of the Autumn Ridge Condominium Association Declaration of Condominium, the Board of Directors must approve all prospective occupants of units at the Autumn Ridge condominium complex ("Autumn Ridge"). Having considered your request to purchase or lease unit __________, the Board has taken the following action:
_____ The Board has approved all prospective occupants for residency at Autumn Ridge.
_____ The Board has NOT approved all prospective occupants for residence at Autumn Ridge. The reason(s) for this disapproval are as follows:
It is the policy of the Autumn Ridge Condominium Association to comply with Title VIII of the Civil Rights Act of 1968, as amended, (commonly known as the Fair Housing Act) by ensuring that condominium units at Autumn Ridge are available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means that, among other things, the Autumn Ridge Condominium Association must not discriminate in any aspect of the sale or rental of dwellings against qualified applicants or tenants because of race, color, or familial status. If you have not been approved for residency at Autumn Ridge, and believe that this disapproval has been based, in whole or in part, on your race or color, or because you have minor children who would have resided with you, full or part time, at Autumn Ridge, please contact the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713.
16

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 17 of 18
Appendix C OFFICER/DIRECTOR ACKNOWLEDGMENT I acknowledge that on _____________ _____, 20___, I was provided copies of the Consent Order entered by the Court in United States, et al. v. Autumn Ridge Condominium Association, Inc., et al., Civil Action No. 2:08-cv-208 (N.D. Ind.), and the Autumn Ridge Condominium Association Declaration of Condominium. I have read and understand these documents and have had my questions about these documents answered. I understand my legal responsibilities and shall comply with those responsibilities.
___________________________ Signature ____________________________ Print Name ____________________________ Position(s) ____________________________ Date
17

case 2:08-cv-00208-PPS document 159 filed 10/27/10 page 18 of 18

Appendix D
FULL AND FINAL RELEASE OF CLAIMS
I, ________________________, on behalf of myself and family members, agents, heirs, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Consent Order approved by the United States District Court for the Northern District of Indiana on_____________________, 20__ in the case of United States v. Autumn Ridge Condominium Association, Inc., et al., ("lawsuit") and in consideration of the payment of _____________________ do fully, finally and forever release, discharge, and hold harmless Autumn Ridge Condominium Association, Richard Archie, Ronald Patterson, and James Reed (hereinafter "Defendants"), along with their insurers, attorneys, related companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries, employees, former employees, heirs, executors, and administrators and any persons acting under their respective direction or control (hereinafter "Releasees"), from any and all fair housing claims set forth, or which could have been set forth, in the Complaint in this lawsuit that I may have against Defendants or any of the Releasees for any of Defendants' actions or statements related to those claims through the date of this Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees. I affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Consent Order signed by the parties, and the monetary payment referenced above. I have accepted the terms of this Release and the Consent Order because I believe them to be a fair and reasonable settlement and for no other reason. This Release and Consent Order, along with the Release and Settlement Agreement between Defendants, their insurance carrier State Farm Fire & Casualty Company, and Plaintiff-Intervenors in the Declaratory Judgment lawsuit pending in Lake Superior Court, No. 45D03-0907-PL-00009, contain and constitute the entire understanding and agreement between the parties.

Executed this _____ day of __________________, 20___.

__________________________________ [Print Name]

___________________________________ [Signature]
Date:

18

 
 Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 1 of 17
PROTO, TERMED
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond)
CIVIL DOCKET FOR CASE #: 2:08−cv−00208−PPS

United States of America v. Autumn Ridge Condominium Association Inc et al Assigned to: Chief Judge Philip P Simon Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 07/14/2008 Date Terminated: 10/27/2010 Jury Demand: Defendant Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Grace Chung Becker US Department of Justice − Was/DC/950 950 Pennsylvania Avenue NW − G Street Washington, DC 20530 202−305−2957 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED

M Elizabeth Parr US Department of Justice − Was/DC/HCE/950 Housing &Civil Enforcement Section 950 Pennsylvania Avenue NW Washington, DC 20530 202−305−2957 Fax: 202−514−1116 Email: elizabeth.parr@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sharon Jefferson − AUSA US Attorney's Office − Ham/IN 5400 Federal Plaza Suite 1500 Hammond, IN 46320 219−937−5681 Fax: 219−852−2770 Email: Sharon.Jefferson2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven H Rosenbaum US Department of Justice − Was/DC/950 950 Pennsylvania Avenue NW − G Street Washington, DC 20530 202−514−4713 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff David Haddox

represented by David W Weigle David W Weigle &Associates 5246 Hohman Ave Suite 201 Hammond, IN 46320 219−937−1935 Fax: 800−863−6860

Case: 2:08-cv-208
Intervenor Plaintiff Kourtney Valentine
Intervenor Plaintiff Diane Webster−Rangel
Intervenor Plaintiff Herman Hoge
Intervenor Plaintiff Polly K Koesters
Intervenor Plaintiff Vicki Wilson

As of: 12/20/2011 10:23 PM EST 2 of 17
Email: weiglelaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin Attorney at Law 61 Roselawn St Hammond, IN 46324 219−808−6004 Fax: 800−863−6860 Email: harkinjeff@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY

Case: 2:08-cv-208
Intervenor Plaintiff Michelle Bauer

As of: 12/20/2011 10:23 PM EST 3 of 17
ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Weigle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Harkin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Autumn Ridge Condominium Association Inc
Defendant Richard Archie
Defendant Ronald Patterson

represented by Harold Abrahamson Abrahamson Reed &Bilse 200 Russell St Suite 500 Hammond, IN 46320 219−937−1500 Fax: 219−937−3174 Email: aralawfirm@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan E Halm Abrahamson Reed &Bilse 200 Russell St Suite 500 Hammond, IN 46320 219−937−1500 Fax: unk Email: halmjonathan@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Harold Abrahamson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan E Halm (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Harold Abrahamson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan E Halm (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 4 of 17

Defendant James Reed

represented by Harold Abrahamson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan E Halm (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/14/2008 07/25/2008 07/28/2008 07/28/2008 08/04/2008 08/05/2008
08/07/2008
08/07/2008
08/12/2008 08/13/2008

# Docket Text
1 COMPLAINT against Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(rmn) (Entered: 07/14/2008)
2 NOTICE of Appearance by Harold Abrahamson on behalf of all defendants (Abrahamson, Harold) (Entered: 07/25/2008)
3 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/11/2008 10:00 AM CST before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed discovery plan in accordance with FRCP 26(f) due 9/5/2008. (smb) (Entered: 07/28/2008)
4 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (smb) (Entered: 07/28/2008)
5 MOTION to reset Rule 16 Preliminary Pretrial Conference by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 08/04/2008)
6 ORAL ORDER granting 5 Motion to Reset. Telephonic Rule 16 Preliminary Pretrial Conference RESET to 9/18/2008 09:45 AM CST before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed joint discovery plan in accordance with FRCP 26(f)due 9/12/2008. Text entry only. By Magistrate Judge Paul R Cherry on 8/5/2008. (smb) (Entered: 08/05/2008)
7 SUMMONS Returned Executed by United States of America. Autumn Ridge Condominium Association Inc served on 7/15/2008, answer due 8/4/2008; Richard Archie served on 7/15/2008, answer due 8/4/2008; Ronald Patterson served on 7/15/2008, answer due 8/4/2008; James Reed served on 7/15/2008, answer due 8/4/2008., WAIVER OF SERVICE Returned Executed by United States of America. Autumn Ridge Condominium Association Inc waiver sent on 7/15/2008, answer due 8/4/2008; Richard Archie waiver sent on 7/15/2008, answer due 8/4/2008; Ronald Patterson waiver sent on 7/15/2008, answer due 8/4/2008; James Reed waiver sent on 7/15/2008, answer due 8/4/2008. (Johnson − AUSA, Sharon) ENTERED IN ERROR, RE−FILED, see DE#8 Modified on 8/7/2008 (kjp). (Entered: 08/07/2008)
8 WAIVER OF SERVICE Returned Executed by United States of America. Autumn Ridge Condominium Association Inc waiver sent on 7/15/2008, answer due 9/15/2008; Richard Archie waiver sent on 7/15/2008, answer due 9/15/2008; Ronald Patterson waiver sent on 7/15/2008, answer due 9/15/2008; James Reed waiver sent on 7/15/2008, answer due 9/15/2008. (Johnson − AUSA, Sharon) (Entered: 08/07/2008)
9 MOTION to Reschedule by Plaintiff United States of America. (Johnson − AUSA, Sharon) (Entered: 08/12/2008)
10 ORAL ORDER granting 9 Motion to Reschedule. Telephonic Rule 16 Preliminary Pretrial Conference RESET to 9/25/2008 10:30 AM CST before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed joint discovery plan in accordance with FRCP 26(f) due 9/19/2008. Text entry. By Magistrate Judge Paul R Cherry on 8/13/2008. (smb) (Entered: 08/13/2008)

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 5 of 17

08/28/2008 08/28/2008
08/28/2008 09/04/2008 09/10/2008 09/11/2008 09/11/2008
09/12/2008 09/12/2008 09/15/2008 09/15/2008 09/15/2008 09/15/2008 09/15/2008
09/17/2008 09/18/2008 09/24/2008
09/25/2008

11 NOTICE of Appearance by David W Weigle on behalf of David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer (Weigle, David) (Entered: 08/28/2008)
12 MOTION to Intervene by Intervenor Plaintiffs David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Attachments: # 1 Exhibit Complaint in Intervention)(Weigle, David) (Entered: 08/28/2008)
13 MEMORANDUM in Support of 12 MOTION to Intervene filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Weigle, David) (Entered: 08/28/2008)
14 NOTICE of Appearance by Jeffrey A Harkin on behalf of David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer (Harkin, Jeffrey) (Entered: 09/04/2008)
15 MOTION for Extension of Time to File Objections to Motion to Intervene by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 09/10/2008)
16 ORDER DENYING without prejudice and with leave to refile 15 Motion for Extension of Time Within Which to File Objections to Motion to Intervene. Signed by Magistrate Judge Paul R Cherry on 09/11/2008. (rmn) (Entered: 09/11/2008)
17 Supplemental MOTION for Extension of Time to File Objections to Motion to Intervene by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 09/11/2008)
18 ORDER granting 17 Motion for Extension of Time to File Objections to Motion to Intervene. Defendants Response to be filed by 9/17/2008. Signed by Magistrate Judge Paul R Cherry on 9/12/2008. (rmn) (Entered: 09/12/2008)
19 RESPONSE in Support re 12 MOTION to Intervene filed by United States of America. (Parr, M) (Entered: 09/12/2008)
20 ANSWER to 1 Complaint by Richard Archie.(Abrahamson, Harold) (Entered: 09/15/2008)
21 ANSWER to 1 Complaint by Autumn Ridge Condominium Association Inc.(Abrahamson, Harold) (Entered: 09/15/2008)
22 ANSWER to 1 Complaint by Ronald Patterson.(Abrahamson, Harold) (Entered: 09/15/2008)
23 ANSWER to 1 Complaint by James Reed.(Abrahamson, Harold) (Entered: 09/15/2008)
24 DEMAND for Trial by Jury by Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed, filed by Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed.(Abrahamson, Harold) (Entered: 09/15/2008)
25 RESPONSE to Motion re 12 MOTION to Intervene filed by Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 09/17/2008)
26 REPORT of Rule 26(f) Planning Meeting. (Parr, M) (Entered: 09/18/2008)
27 NOTICE RESET/Hearing: Telephonic Rule 16 Preliminary Pretrial Conference continued to 10/23/2008 10:30 AM CST before Magistrate Judge Paul R Cherry to allow for the Court's ruling on the Motion to Intervene. The Court will initiate the conference. If appropriate parties' revised discovery plan in accordance with FRCP 26(f) is to be filed by 10/17/2008. (smb) (Entered: 09/24/2008)
28 ORDER GRANTING 12 Motion to Intervene. The Court further ORDERS the Intervenors to file their complaint on or before 10/1/2008. Signed by Magistrate Judge Paul R Cherry on 9/25/2008. (rmn) (Entered: 09/25/2008)

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 6 of 17

10/01/2008 10/02/2008 10/14/2008 10/14/2008 10/21/2008 10/21/2008 10/21/2008 10/21/2008 10/23/2008
03/06/2009 03/06/2009 04/22/2009 04/27/2009 05/06/2009
05/07/2009 08/20/2009

29 Intervenor COMPLAINT, filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer.(Weigle, David) (Entered: 10/01/2008)
30 MAGISTRATE JUDGE CONSENT FORMS sent to Intervenor parties (Standard Track). (smb) (Entered: 10/02/2008)
31 (INCORRECT FILING −REFILED AS DE 32 ) NOTICE of Appearance by Harold Abrahamson on behalf of all defendants (Abrahamson, Harold) Modified on 10/15/2008 (mc). (Entered: 10/14/2008)
32 NOTICE of Appearance by Jonathan E Halm on behalf of all defendants (Halm, Jonathan) (Entered: 10/14/2008)
33 ANSWER to 29 Intervenor Complaint by Richard Archie.(Abrahamson, Harold) (Entered: 10/21/2008)
34 ANSWER to 29 Intervenor Complaint by Ronald Patterson.(Abrahamson, Harold) (Entered: 10/21/2008)
35 ANSWER to 29 Intervenor Complaint by James Reed.(Abrahamson, Harold) (Entered: 10/21/2008)
36 ANSWER to 29 Intervenor Complaint by Autumn Ridge Condominium Association Inc.(Abrahamson, Harold) (Entered: 10/21/2008)
37 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held by teleph on 10/23/2008 before Magistrate Judge Paul R Cherry. Pla appeared by atty Elizabeth Parr. Dft appeared by attys David Weigle, Harold Abrahamson. Planning Meeting Report 26 is approved/adopted. Any amendments to the pleadings to be filed by 3/2/2009. Discovery deadline is 4/20/2009. Expert Discovery deadline is 4/20/2009 Plaintiff expert witness disclosures and reports to be delivered to the defendant by 2/19/2009. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 3/19/2009. Initial Disclosures to be exchanged by 11/19/2008. All other dates/ddl to be set by the District Court upon conclusion of discovery. Magistrate Consent forms ddl extended to 11/17/2008. (Tape #FTR.) (smb) (Entered: 10/23/2008)
38 MOTION for Extension of Time to Complete Discovery by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 03/06/2009)
39 ORDER granting 38 Motion to Extend Discovery Deadline. Discovery deadline is 6/19/2009. Signed by Magistrate Judge Paul R Cherry on 3/6/2009. (rmn) (Entered: 03/09/2009)
40 Joint MOTION for Protective Order by Plaintiff United States of America. (Attachments DELETED (Atty to forward to chambers): # 1 Stipulation and Protective Order)(Parr, M) Modified on 4/23/2009. (kjp). (Entered: 04/22/2009)
41 PROTECTIVE ORDER granting 40 Motion for Protective Order. Signed by Magistrate Judge Paul R Cherry on 04/27/2009. (rmn) (Entered: 04/27/2009)
42 Joint MOTION for Extension of Time to Complete Discovery by Defendant Autumn Ridge Condominium Association Inc. (Attachments: DOCUMENT REMOVED # 1 Draft Order)(Abrahamson, Harold) Modified on 5/7/2009 − Atty to forward to chambers(kjp). (Entered: 05/06/2009)
43 ORDER granting 42 Joint Motion for Extension of Time to Complete Discovery. Discovery deadline is 8/14/2009. Signed by Magistrate Judge Paul R Cherry on 5/7/2009. (rmn) (Entered: 05/08/2009)
44 NOTICE: Because the discovery period in this case has now concluded and there are no pending non−dispositive motions, the referral to Magistrate Judge Paul R Cherry is now terminated. All further matters will now be handled by Judge Philip P Simon unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (smb) (Entered: 08/20/2009)

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 7 of 17

08/24/2009 08/25/2009
08/26/2009 08/26/2009
08/26/2009 09/10/2009 09/14/2009 09/15/2009 09/15/2009 09/15/2009 09/15/2009
09/15/2009

45 ORDER For Pretrial Conference, Notice of Trial Setting and Order Controlling The Case. Signed by Judge Philip P Simon on 8/24/2009. (nac) (Entered: 08/24/2009)
49 ORDER: (TELEPHONIC Scheduling Conference set for 9/17/2009 11:00 AM in US District Court − Hammond before Judge Philip P Simon.) The purpose of this hearing shall be to schedule the Final Pretrial Conference/Settlement Conference, the Trial Management Conference, and a trial date. The Court will initiate the telephone conference. Signed by Judge Philip P Simon on 08/25/2009. (rmn) (Entered: 08/31/2009)
46 MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth by Plaintiff United States of America. (Parr, M) (Entered: 08/26/2009)
47 MEMORANDUM in Support of 48 Amended MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Parr, M) Modified on 8/26/2009 to correct link per attorney's request(mc). (Entered: 08/26/2009)
48 Amended MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth by Plaintiff United States of America. (Attachments: # 1 Exhibit Certification of Good Faith Conference, # 2 PDF DELETED Exhibit Proposed Order)(Parr, M) Modified on 8/27/2009. Atty to forward proposed order to chambers(kjp). (Entered: 08/26/2009)
50 RESPONSE in Opposition re 48 Amended MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth filed by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Abrahamson, Harold) (Entered: 09/10/2009)
51 RESPONSE to Motion re 48 Amended MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth REFILED filed by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Abrahamson, Harold) (Entered: 09/14/2009)
52 (WITHDRAWN PER ORDER DE 75 ) MOTION to Compel by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A)(Abrahamson, Harold) (Additional attachment(s) added on 10/22/2009) (sda). Modified on 10/22/2009 (sda). (Entered: 09/15/2009)
53 MEMORANDUM in Support of 52 MOTION to Compel filed by Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Abrahamson, Harold) (Entered: 09/15/2009)
54 MOTION to Compel by Intervenor Plaintiffs David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Weigle, David) (Entered: 09/15/2009)
55 (REFILED AS DE 56 ) AFFIDAVIT in Support re 54 MOTION to Compel filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Michelle Bauer. (Attachments: # 1 Exhibit Archie Interrogatories, # 2 Exhibit Patterson Interrogatories, # 3 Exhibit Reed Interrogatories)(Weigle, David) Modified on 9/16/2009 (mc). (Entered: 09/15/2009)
56 MEMORANDUM in Support of 54 MOTION to Compel filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Michelle Bauer. (Attachments: # 1 Exhibit Archie Interrogatories, # 2 Exhibit Patterson Interrogatories, # 3 Exhibit Reed Interrogatories)(Weigle, David) (Entered: 09/15/2009)

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 8 of 17

09/15/2009 09/16/2009 09/16/2009 09/16/2009 09/16/2009 09/17/2009
09/17/2009
09/24/2009 09/25/2009 09/30/2009 09/30/2009 10/05/2009

57 CERTIFICATE of Compliance with FRCP 37(a)(1) and Local Rule 37.1. (Weigle, David) (Entered: 09/15/2009)
58 CERTIFICATE Pursuant to Local Rule 37.1. (Abrahamson, Harold) (Entered: 09/16/2009)
59 MOTION to Compel by Intervenor Plaintiffs David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Weigle, David) (Entered: 09/16/2009)
60 MEMORANDUM in Support of 59 MOTION to Compel filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Weigle, David) (Entered: 09/16/2009)
61 CERTIFICATE of Compliance with FRCP 37(a)(1) and Local Rule 37.1. (Weigle, David) (Entered: 09/16/2009)
62 TELEPHONE CONFERENCE held on 9/17/2009 before Judge Philip P. Simon. Plf present by Atty M. Elizabeth Parr. Also present: Atty David W. Weigle for Intervenor Plfs and Atty Harold Abrahamson for dfts. Court inquires of the attorneys as to why discovery is still proceeding after the discovery cut off date. Discussion on this issue. Court allows the parties four months to conclude discovery. In addition this matter will be referred back to Magistrate Judge Paul Cherry for that process. If that process is concluded sooner than the 4 month time frame the parties may notify the Court in writing so that the case can go forward and so the telephonic conference date can be accelerated. A Telephone Conference is now set before Judge Philip P. Simon on 1/21/2010 at 09:00 AM (Central/Hammond time) in US District Court Hammond before Judge Philip P Simon.(Court Reporter Sharon Boleck−Mroz.) (nac) (Entered: 09/17/2009)
63 ORDER REFERRING CASE to Magistrate Judge Paul R Cherry to conduct such proceedings as are required pursuant to 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); Local Rule 72.1(c), including the scheduling and resolution of non−dispositive pre−trial matters and further to conduct hearings, including evidentiary hearings, and to submit proposed findings of fact. The Discovery deadline is now set for 01/18/2010. (Telephone Scheduling Conference set for 1/21/2010 09:00 AM in US District Court − Hammond before Judge Philip P Simon for the purpose of this hearing shall be to schedule the Final Pretrial Conference/Settlement Conference, the Trial Management Conference, and a trial date. The Court will initiate the telephone conference.) Signed by Judge Philip P Simon on 09/17/2009. (rmn) (Entered: 09/18/2009)
64 REPLY to Response to Motion re 48 Amended MOTION to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth filed by United States of America. (Attachments: # 1 Exhibit)(Parr, M) (Entered: 09/24/2009)
65 RESPONSE to Motion re 59 MOTION to Compel filed by Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Abrahamson, Harold) (Entered: 09/25/2009)
66 RESPONSE to Motion re 54 MOTION to Compel Answers to Interrogatories filed by Richard Archie, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Abrahamson, Harold) (Entered: 09/30/2009)
67 RESPONSE to Motion re 52 MOTION to Compel filed by Kourtney Valentine. (Weigle, David) (Entered: 09/30/2009)
68 OPINION AND ORDER granting 48 Motion to Compel Defendants to Produce Discovery Relating to Financial Status and Net Worth and ORDERS Defendant Autumn Ridge Condominium Association, Inc. to respond and serve upon theUnited States its response to the United States Interrogatory No. 18, by November 5, 2009; Defendants Richard Archie, Ronald Patterson, and James Reed to respond and serve upon the United States their responses to the United States Request for Production No. 8, to the extent that the requested documents exist, by

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 9 of 17

10/06/2009 10/14/2009 10/19/2009 10/20/2009 10/20/2009 10/21/2009
10/21/2009 10/22/2009 10/27/2009
11/19/2009 11/24/2009 12/01/2009

November 5, 2009; and Both responses are limited to information from a period of January 1, 2007, through the present. Signed by Magistrate Judge Paul R Cherry on 10/05/2008. (rmn) (Entered: 10/06/2009)
69 REPLY to Response to Motion re 54 MOTION to Compel Defendants to Pay Travel Expenses to Tasha Allen filed by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer. (Weigle, David) (Entered: 10/06/2009)
70 ORDER granting 59 Motion to Compel and ORDERS the Defendants to reimburse Tasha Allen witness fees in the total amount of $436.00 by October 30, 2009. Signed by Magistrate Judge Paul R Cherry on 10/14/2009. (rmn) (Entered: 10/15/2009)
71 ORDER taking under advisement 52 Motion to Compel and ORDERS Defendants to file a supplemental brief by 10/23/2009 indicating whether they seek to proceed with the instant Motion to seek to withdraw the Motion. Signed by Magistrate Judge Paul R Cherry on 10/19/2009. (rmn) (Entered: 10/20/2009)
72 MOTION to Withdraw 67 Response to Motion, 52 MOTION to Compel by Defendants Autumn Ridge Condominium Association Inc, Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 10/20/2009)
73 MOTION for Leave to File Supplement of Individual Defendants Consolidated Response to Intervening Plaintiffs' Motion to Compel Answers to Interrogatories by Defendants Richard Archie, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A)(Abrahamson, Harold) (Entered: 10/20/2009)
74 ORDER GRANTING 73 Motion for Leave to Supplement Individual Defendants Consolidated Response to Intervening Plaintiffs' Motion to Compel Answers to Interrogatories filed by the Defendants on 10/20/09.The Defendants to file their supplemental response brief, currently docketed as an attachment to the instant Motion by 10/23/2009. Signed by Magistrate Judge Paul R Cherry on 10/21/09. (sda) (Entered: 10/22/2009)
75 ORDER GRANTING the 72 Motion to Withdraw 52 Motion to Compel Directed to Kourtney Valentine's Objections to Defendants' Third Interrogatories and ORDERS that the Motion to Compel DE 52 is hereby WITHDRAWN. Signed by Magistrate Judge Paul R Cherry on 10/21/09. (sda) (Entered: 10/22/2009)
76 SUPPLEMENT to 66 Response to Motion, 54 MOTION to Compel Answers to Interrogatories filed by Richard Archie, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 10/22/2009)
77 OPINION AND ORDER GRANTING the 54 Motion of Intervening Plaintiffs to Compel Defendants Richard Archie, Ronald Patterson, and James Reed to Answer Interrogatories Relating to their Financial Status and ORDERS Defendants Richard Archie, Ronald Patterson, and James Reed to respond and serve upon the Intervening Plaintiffs their response to the Intervening Plaintiffs Interrogatories to the individual Defendants, by December 15, 2009, but the responses are limited to information from a period of January 1, 2007, through the present. Signed by Magistrate Judge Paul R Cherry on 10/27/09. (sda) (Entered: 10/28/2009)
78 Joint MOTION Accelerate Date of Status Conference by Plaintiff United States of America. (Parr, M) (Entered: 11/19/2009)
79 ORDER, (TELEPHONIC Scheduling Conference set for 12/10/2009 09:30 AM in US District Court − Hammond before Judge Philip P Simon.). Signed by Judge Philip P Simon on 11/24/2009. (rmn) (Entered: 11/24/2009)
80 NOTICE by David Haddox, Kourtney Valentine, Diane Webster−Rangel, Herman Hoge, Polly K Koesters, Vicki Wilson, Michelle Bauer re 77 Order on Motion to Compel,, OF WITHDRAWAL OF INTERROGATORIES PROPOUNDED BY INTERVENOR PLAINTIFFS REGARDING FINANCIAL STATUS OF DEFENDANTS, RICHARD ARCHIE, RONALD PATTERSON AND JAMES REED (Weigle, David) (Entered: 12/01/2009)

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 10 of 17

12/01/2009 12/10/2009 12/10/2009
12/10/2009 01/12/2010 01/15/2010
02/01/2010 02/02/2010 02/09/2010

81 NOTICE of Change of Address by David W Weigle (Weigle, David) (Entered: 12/01/2009)
82 ORDER. (Dispositive (summary judgment) motions to be filed by 2/12/2010; Response to be filed by 3/12/2010; Reply to be filed by 3/26/2010.) In addition, the parties are ORDERED to appear before Magistrate Judge Cherry toparticipate in a settlement conference sometime before the February 12, 2010 summary judgment deadline. The parties shall coordinate with Judge Cherrys chambers to schedule the settlement conference. Signed by Judge Philip P Simon on 12/10/2009. (rmn) (Entered: 12/10/2009)
83 TELEPHONE CONFERENCE held on 12/10/2009 before Judge Philip P. Simon. Plf present by M. Elizabeth Parr. Intervenor Plf present by David Weigle and Jeffrey Harkin. Dfts are present by Harold Abrahamson. Court sets deadlines for the filing of dispositive motions: Dispositive motions to be filed by 2/12/2010, Response to be filed by 3/12/2010 Reply to be filed by 3/26/2010. The case will be set for status conference after the Court has adequate time for ruling on the dispositive motions, date forthcoming for May/June 2010. Atty Abrahamson suggests that a settlement conference be scheduled. Judge Simon will advise Magistrate Judge Cherry to schedule a settlement conference prior to 2/12/2010. (Court Reporter Sharon Boleck−Mroz.) (nac) (Entered: 12/10/2009)
84 NOTICE of Hearing: Telephonic Status Conference set for 6/2/2010 09:30 AM in US District Court − Hammond before Judge Philip P Simon. The parties are reminded to notify the Case Mgmt Deputy of the attorney/telephone number to be used for this telephonic conference so that personal attendance is not required. This notification shall be made at least 48 hours prior to the telephonic conference. (nac) (Entered: 12/10/2009)
85 NOTICE of Hearing: regarding 83 Telephonic Status/Scheduling Conference set for 1/15/2010 09:00 AM CST − Hammond before Magistrate Judge Paul R Cherry for hte purpose of coordinating a date for a settlement conference. The Court will contact all counsel of record unless otherwise notified. Any change in telph number may be immediately reported to the case manager sue_brown@innd.uscourts.gov. (smb) (Entered: 01/12/2010)
86 STATUS CONFERENCE held telephonically on 1/15/2010 before Magistrate Judge Paul R Cherry. United States of America appeared by atty Elizabeth Parr. Dfts appeared by attys David Weigle, Jeffrey Harkin, Harold Abrahamson. Joint oral defense motion to extend the dispositive motion filing ddl from 2/12/2010 to 3/15/2010 is GRANTED w/out objection. (Dispositive motions to be filed by 3/15/2010 and briefed in accordance with local rule. By agreement, a Settlement Conference is set for 2/9/2010 09:00 AM in US District Court − Hammond before Magistrate Judge Paul R Cherry. Confidential settlement memorandums are due 48 hrs in advance in accordance with the attached Order. (cc: Lydia Garczyk, State Farm Insurance − CLAIM:14−D188−727 via fax 888−230−6706) (Tape #FTR.) (smb) (Entered: 01/19/2010)
87 MOTION reset time of settlement conference to 9:30 a.m.on February 9 by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 02/01/2010)
88 ORDER granting 87 Motion to Reset Time of Settlement Conference: Settlement Conference reset for 2/9/2010 09:30 AM in US District Court − Hammond before Magistrate Judge Paul R Cherry. Text entry/no pdf order to be issued. By Magistrate Judge Paul R Cherry on 2/2/2010. (smb) (Entered: 02/02/2010)
89 SETTLEMENT CONFERENCE held on 2/9/2010 before Magistrate Judge Paul R Cherry. Pla USA appeared by atty Elizabeth Parr USDOJ (telephonically) Sharon Johnson AUSA in person Hammond. Intervenor Pla(s) David Haddox, Kourtney Valentine, Diane Webster−Rangel each appeared in person and by attys Jeffrey Harkin, David W Weigle. Pla(s) Hoge, Koesters, Wilson, Bauer were not presen. Dft Autumn Ridge Condominium Association Inc appeared by its directors Richard Archie, Ronald Patterson, James Reed, and by attny Harold Abrahamson. Atty Jan Campbell, representing State Farm in the declaratory judmgnent action in related state court case also present with Patrice Barnes, State Farm Claims Representative. State Farm Claims Rep Lidia Garczek, present as the claim relates

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 11 of 17

03/09/2010 03/10/2010 03/17/2010 03/17/2010
03/17/2010 03/17/2010
03/17/2010 03/17/2010 03/17/2010 03/17/2010 03/17/2010 03/17/2010 03/17/2010

to any reservation of rights portion of the policy. Extensive settlement negotiations are undertaken and last the majority of the day. The Court and parties are unable to settle case. Court notes and confirms the dispositive motion ddl of 3/15/2010. (Tape #FTR.) (smb) (Entered: 02/12/2010)
90 MOTION for Extension of Time to File Dispositive Motions by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 03/09/2010)
91 ORDER granting 90 Motion for Extension of Time to File Dispositive Motions. Dispositive motions to be filed by 3/17/2010. Signed by Magistrate Judge Paul R Cherry on 3/10/2010. (rmn) (Entered: 03/10/2010)
92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims by Plaintiff United States of America. (Parr, M) (Entered: 03/17/2010)
93 MEMORANDUM in Support of 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Parr, M) (Entered: 03/17/2010)
94 MOTION for Summary Judgment by Intervenor Plaintiffs Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 03/17/2010)
95 MEMORANDUM in Support of 94 MOTION for Summary Judgment filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Attachments: # 1 Appendix, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Weigle, David) (Entered: 03/17/2010)
96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 03/17/2010)
97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 03/17/2010)
99 MOTION for Summary Judgment by Defendant James Reed. (Abrahamson, Harold) (Entered: 03/17/2010)
100 STRICKEN per order, DE# 106 MEMORANDUM in Support of 99 MOTION for Summary Judgment filed by James Reed. (Abrahamson, Harold) Modified on 4/5/2010 (kjp). (Entered: 03/17/2010)
101 MOTION for Summary Judgment by Defendant Ronald Patterson. (Abrahamson, Harold) (Entered: 03/17/2010)
102 DOCUMENT STRICKEN per order, DE# 106 MEMORANDUM in Support of 101 MOTION for Summary Judgment filed by Ronald Patterson. (Abrahamson, Harold) Modified on 4/5/2010 (kjp). (Entered: 03/17/2010)
103 APPENDIX to 99 MOTION for Summary Judgment, 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim, 98 Memorandum in Support, 100 Memorandum in Support, 101 MOTION for Summary Judgment, 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination, 102 Memorandum in Support by Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A Articles of Incorporation, # 2 Exhibit B Complaint, # 3 Exhibit C Patterson Dep, # 4 Exhibit D Reed Dep, # 5 Exhibit E Archie Dep, # 6 Exhibit F Haddox Dep, # 7 Exhibit G Declaration of Condominium, # 8 Exhibit H Amended Declaration of Condominium, # 9 Exhibit I Valentine Dep, # 10 Exhibit J Rangel Dep, # 11 Exhibit K Bauer Dep, # 12 Exhibit L Wilson Dep, # 13 Exhibit M Webster−Rangel Dep, # 14 STRICKEN PER DE# 106 Exhibit N Valentine Ans to Interr, # 15 Exhibit O Allen Dep)(Abrahamson, Harold) Modified on 4/5/2010 (kjp). (Entered:

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 12 of 17

03/17/2010 04/01/2010
04/02/2010
04/05/2010 04/05/2010 04/05/2010 04/05/2010 04/09/2010 04/12/2010 04/13/2010
04/29/2010
04/29/2010

03/17/2010)
104 STRICKEN per order, DE#106 MEMORANDUM in Support of 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim filed by Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) Modified on 4/5/2010 (kjp). (Entered: 03/17/2010)
105 MOTION for Leave to Amend 104 Memorandum in Support of Summary Judgments and to Strike and Eliminate Certain Portions of the Memoranda filed by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A Deft Memo re discrimination on basis of race, # 2 Exhibit B Deft Memo re Engaging in Practice or Pattern, # 3 Exhibit C Deft Patterson Memo, # 4 Exhibit D Deft Reed Memo)(Abrahamson, Harold) Modified on 4/5/2010 to reflect actual title of pleading (rmn). (Entered: 04/01/2010)
106 ORDER granting 105 Motion to Amend Memorandum in Support of Summary Judgments and to Strike and Eliminate Certain Portions of the Memoranda. The Court STRIKES [DE 98], [DE 100], [DE 102], [DE 104], and Exhibit N to Defendants Omnibus Designation of Materials in Support of Defendants Motions for Partial Summary Judgment [DE 103], and DIRECTS the Clerk of Court to permanently REMOVE these items from the docket. Any amendments to the pleadings to be filed by 4/9/2010.. Signed by Magistrate Judge Paul R Cherry on 4/2/10. (kjp) (Entered: 04/05/2010)
107 MEMORANDUM in Support of 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination filed by Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 04/05/2010)
108 MEMORANDUM in Support of 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim filed by Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 04/05/2010)
109 MEMORANDUM in Support of 101 MOTION for Summary Judgment filed by Ronald Patterson. (Abrahamson, Harold) (Entered: 04/05/2010)
110 MEMORANDUM in Support of 99 MOTION for Summary Judgment filed by James Reed. (Abrahamson, Harold) (Entered: 04/05/2010)
111 MOTION for Extension of Time to File Response/Reply as to 93 Memorandum in Support, 94 MOTION for Summary Judgment, 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims, 95 Memorandum in Support, by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 04/09/2010)
112 ORDER granting 111 Agreed Motion for Extension of Time. Response to be filed by 4/29/2010. Signed by Magistrate Judge Paul R Cherry on 04/12/2010. (rmn) (Entered: 04/12/2010)
113 AMENDED ORDER re 112 Order on Motion for Extension of Time to File Response regarding 111 MOTION for Extension of Time to File. Defendants shall have through April 29, 2010, within which to respond to Plaintiffs and Intervening Plaintiffs Motions for Summary Judgment. The Court also ORDERS that Plaintiff and Intervening Plaintiffs shall have through April 29, 2010, within which to respond to Defendants Motions for Summary Judgment. Signed by Magistrate Judge Paul R Cherry on 4/13/10. (kjp) (Entered: 04/14/2010)
114 Joint MOTION for Extension of Time to File Response/Reply as to 112 Order on Motion for Extension of Time to File Response/Reply by Defendants Richard Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed, Intervenor Plaintiffs Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson, Plaintiff United States of America. (Parr, M) (Entered: 04/29/2010)
115 ORDER granting 114 Motion for Extension of Time to File Response/Reply. Responses to be filed by 5/13/2010. Signed by Magistrate Judge Paul R Cherry on

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 13 of 17

05/13/2010
05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010 05/13/2010
05/14/2010

4/29/10. (kjp) (Entered: 04/30/2010)
116 MEMORANDUM in Opposition to 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Parr, M) (Entered: 05/13/2010)
117 MEMORANDUM in Opposition to 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Parr, M) (Entered: 05/13/2010)
118 MEMORANDUM in Opposition to 101 MOTION for Summary Judgment by Defendant Ronald Patterson filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Parr, M) (Entered: 05/13/2010)
119 MEMORANDUM in Opposition to 99 MOTION for Summary Judgment by Defendant James Reed filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Parr, M) (Entered: 05/13/2010)
120 RESPONSE to Motion re 99 MOTION for Summary Judgment filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 05/13/2010)
121 RESPONSE to Motion re 101 MOTION for Summary Judgment by Defendant Ronald Patterson filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 05/13/2010)
122 RESPONSE to Motion re 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 05/13/2010)
123 RESPONSE to Motion re 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 05/13/2010)
124 MEMORANDUM in Opposition to 94 MOTION for Summary Judgment, 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims filed by Autumn Ridge Condominium Association Inc. (Abrahamson, Harold) (Entered: 05/13/2010)
125 MEMORANDUM in Opposition to 94 MOTION for Summary Judgment, 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims filed by Ronald Patterson, James Reed. (Abrahamson, Harold) (Entered: 05/13/2010)
126 APPENDIX to 124 Memorandum in Opposition, 125 Memorandum in Opposition to Plaintiffs' Motions for Summary Judgment by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Abrahamson, Harold) (Entered: 05/13/2010)
127 NOTICE: Because the discovery period in this case has now concluded and there are no pending non−dispositive motions, the referral to Magistrate Judge Paul R Cherry is now terminated. All further matters will now be handled by Chief Judge Philip P Simon unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 14 of 17

05/17/2010 05/19/2010
05/19/2010 05/20/2010 05/28/2010
06/14/2010 06/14/2010
06/14/2010 06/14/2010 06/14/2010 06/14/2010 06/16/2010

by the judge. (smb) (Entered: 05/14/2010)
128 ORDER For Pretrial Conference, Notice of Trial Setting and Order Controlling The Case. Signed by Chief Judge Philip P Simon on 5/17/2010. (nac) (Entered: 05/17/2010)
129 ORDER: Court SETS Telephonic Status Conference for 5/28/2010 11:00 AM in US District Court − Hammond before Chief Judge Philip P Simon. Court will initiate call. Parties ORDERED to notify case manager of contact information by 5/21/2010. Any party not in compliance will be required to appear IN PERSON for this and all future hearings. Signed by Chief Judge Philip P Simon on 5/19/2010. (jjj) (Entered: 05/19/2010)
130 Joint MOTION for Extension of Time to File Response/Reply to Motions for Summary Judgment by Defendant Autumn Ridge Condominium Association Inc. (Abrahamson, Harold) (Entered: 05/19/2010)
131 ORDER: Court GRANTS 130 Joint MOTION for Extension of Time to File Reply to Motions for Summary Judgment. Reply ddl 6/14/2010. Signed by Chief Judge Philip P Simon on 5/20/2010. (jjj) (Entered: 05/21/2010)
132 TELEPHONE CONFERENCE held on 5/28/2010 before Chief Judge Philip P. Simon. Atty M. Elizabeth Parr is present on behalf of Plf. Atty David Weigle is present on behalf of the intervenor Plfs. Atty Harold Abrahamson is present on behalf of dfts. Status of the case discussed. Parties agree to a a settlement conference after the Court's ruling on motions. Settings entered: Jury Trial set for 10/18/2010 08:30 AM in US District Court − Hammond before Chief Judge Philip P Simon. Final Pretrial Conference/Settlement Conference set for 9/21/2010 09:30 AM in US District Court − Hammond before Chief Judge Philip P Simon. (all times are Central/Hammond time). (Court Reporter Sharon Boleck−Mroz.) (nac) (Entered: 05/28/2010)
133 REPLY to Response to Motion re 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Parr, M) (Entered: 06/14/2010)
134 REPLY to Response to Motion re 99 MOTION for Summary Judgment, 101 MOTION for Summary Judgment filed by Ronald Patterson, James Reed. (Attachments: # 1 Exhibit A Complaint, # 2 Exhibit B Patterson Dep, # 3 Exhibit C Archie Dep, # 4 Exhibit D Reed Dep, # 5 Exhibit E May 16 Minutes, # 6 Exhibit F Valentine Dep, # 7 Exhibit G Bauer Dep, # 8 Exhibit H Hoge Dep, # 9 Exhibit I January 10 Minutes)(Abrahamson, Harold) (Entered: 06/14/2010)
135 REPLY to Response to Motion re 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims as to Defendants Patterson and Reed filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Parr, M) (Entered: 06/14/2010)
136 REPLY to Response to Motion re 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 06/14/2010)
137 REPLY to Response to Motion re 92 MOTION for Partial Summary Judgment with Respect to Familial Status Claims as to Defendants Patterson and Reed filed by Michelle Bauer, David Haddox, Herman Hoge, Polly K Koesters, Kourtney Valentine, Diane Webster−Rangel, Vicki Wilson. (Weigle, David) (Entered: 06/14/2010)
138 REPLY to Response to Motion re 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination filed by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Abrahamson, Harold) (Entered: 06/14/2010)
139 MOTION for Extension of Time to File Response/Reply as to 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim by Defendants Richard

Case: 2:08-cv-208 As of: 12/20/2011 10:23 PM EST 15 of 17

06/18/2010 06/18/2010 06/21/2010 06/21/2010
06/29/2010 06/30/2010 06/30/2010
06/30/2010 07/14/2010
08/09/2010 08/10/2010 08/11/2010

Archie, Autumn Ridge Condominium Association Inc, Ronald Patterson, James Reed. (Attachments: # 1 Exhibit)(Halm, Jonathan) (Modified BY REMOVING DUPLICATE TEXT on 6/18/2010) (sda). (Entered: 06/16/2010)
140 ORDER: Court GRANTS 139 Defendants Motion for Leave to File Belated Reply in Support of Motion for Summary Judgment on the Plaintiffs Pattern or Practice Claim. Dft to file proposed reply, attached as Exhibit A to Dft's motion, instanter. Signed by Chief Judge Philip P Simon on 6/18/2010. (jjj) (Entered: 06/18/2010)
141 MOTION for Leave to File a Surreply to Defendants' Motion for Partial Summary Judgment on Plaintiff's Claims of Discrimination Based on Race by Plaintiff United States of America. (Attachments: # 1 Exhibit)(Parr, M) (Entered: 06/18/2010)
142 ORDER: Court GRANTS 141 MOTION for Leave to File a Surreply to Defendants' Motion for Partial Summary Judgment on Plaintiff's Claims of Discrimination Based on Race. Signed by Chief Judge Philip P Simon on 6/21/2010. (jjj) (Entered: 06/21/2010)
143 UNITED STATES SURREPLY MEMORANDUM IN FURTHER OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS OF DISCRIMINATION BASED ON RACE re 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination. (jjj) (Entered: 06/21/2010)
144 MOTION for Leave to File Surrebuttal to United States Surreply by Defendant Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit Surrebuttal, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Abrahamson, Harold) (Entered: 06/29/2010)
145 ORDER: Court GRANTS Dft 144 Motion for Leave to File Surrebuttal instanter. Signed by Chief Judge Philip P Simon on 6/30/2010. (jjj) cc attorneys Grace Chung Becker and Steven H Rosenbaum (Entered: 06/30/2010)
146 REPLY to Response to Motion re 97 MOTION for Summary Judgment on Plaintiffs' Claims of Race Discrimination Surrebuttal filed by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Abrahamson, Harold) (Entered: 06/30/2010)
147 REPLY to Response to Motion re 96 MOTION for Summary Judgment on Plaintiffs Pattern or Practice Claim filed by Autumn Ridge Condominium Association Inc. (Halm, Jonathan) (Entered: 06/30/2010)
148 ORDER: Court SETS in person oral argument on 92 , 94 , 96 , 97 , 99 , 101 motions for summary judgment for 8/11/2010 09:30 AM in US District Court − Hammond before Chief Judge Philip P Simon. Signed by Chief Judge Philip P Simon on 7/14/2010. (jjj) cc: Grace Chung Becker, Steven H Rosenbaum (Entered: 07/15/2010)
153 Mail Returned from Grace Chung Becker as Undeliverable − 148 Order. (jjj) (Entered: 08/13/2010)
149 APPENDIX to 124 Memorandum in Opposition Containing authorities that may not be available on Lexis/Nexis or Westlaw by Autumn Ridge Condominium Association Inc. (Attachments: # 1 Exhibit HUD v. Gutleben, # 2 Exhibit HUD v. Kutney)(Abrahamson, Harold) (Entered: 08/10/2010)
150 FINAL PRETRIAL CONFERENCE held on 8/11/2010 before Chief Judge Philip P Simon. Plaintiffs appeared by atty Elizabeth Parr (for USA) and attys David Weigle and Jeffrey Harkin (for Intervenor plfs). Dfts appeared by attys Harold Abrahamson and Jonathan Halm. Oral argument on pending motions. After the FPTC the parties participate in settlement negotiations with the Court. A settlement conference is now scheduled for 9/2/2010 at 8:30 a.m. (Court Reporter Sharon Boleck−Mroz.) (nac) Modified on 8/11/2010 to correct time on settlement conf. (nac). (Entered: 08/11/2010)

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151 NOTICE of Hearing: Settlement Conference set for 9/2/2010 08:30 AM in US District Court − Hammond before Chief Judge Philip P Simon. (nac) (Entered: 08/11/2010)
152 ORDER. (Settlement Conference set for 9/2/2010 08:30 AM in US District Court − Hammond before Chief Judge Philip P Simon.) Signed by Chief Judge Philip P Simon on 08/11/2010. (rmn) (Entered: 08/12/2010)
154 TRANSCRIPT of Hearing held on 8/11/2010 before Judge Philip P Simon. Court Reporter Sharon Boleck Mroz, Telephone number 219−852−6728. 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.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request − Transcript shall be e−filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.

09/02/2010
10/18/2010 10/18/2010

Notice of Intent to Redact due 9/3/2010. Redaction Request due 9/14/2010. Redacted Transcript Deadline set for 9/24/2010. Release of Transcript Restriction set for 11/22/2010. (jjj) Modified to reflect correct Notice of Intent to Redact to 9/3/2010 (jjj). (Entered: 08/24/2010)
155 SETTLEMENT CONFERENCE held on 9/2/2010 before Chief Judge Philip P Simon. Attorneys and parties present: Atty M. Elizabeth Parr, Atty David W. Weigle, Atty Harold Abrahamson, parties David Haddox, Kourtney Valentine, Diane Webster−Rangel, Richard Archie, Ronald Patterson and James Reed. Also Lidia Garczek and Jan Campbell, both of State Farm Insurance. Parties negotiate in good faith and settlement is attained. Settlement terms are placed on the record. Court vacates all dates and settings in this case. Within 45 days the plf shall file the appropriate documentation. If additional time is needed the Court shall be notified. (Court Reporter Sharon Boleck−Mroz.) (nac) (Entered: 09/02/2010)
156 NOTICE by United States of America of Extension of Time to File Consent Order (Parr, M) (Entered: 10/18/2010)
157 TRANSCRIPT of Settlement held on 9/2/2010 before Judge Chief Judge Philip P Simon. Court Reporter Sharon Boleck−Mroz; Telephone number 219−842−6728. 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.

IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request − Transcript shall be e−filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting

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10/22/2010 10/27/2010

these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.
Notice of Intent to Redact due 11/1/2010. Redaction Request due 11/8/2010. Redacted Transcript Deadline set for 11/18/2010. Release of Transcript Restriction set for 1/17/2011. (jjj) (Entered: 10/21/2010)
158 SETTLEMENT AGREEMENT by United States of America. (Parr, M) (Entered: 10/22/2010)
159 ORDER: Court APPROVES 158 Settlement Agreement filed by United States of America. Signed by Chief Judge Philip P Simon on 10/27/2010. (jjj) cc Grace Becker &Steven Rosenbaum (Entered: 10/27/2010)