Case: 1:10-cv-05967 Document #: 1 Filed: 09/20/10 Page 1 of 8 PageID #:1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES,

)

)

Plaintiff,

)

)

v.

)

)

DANIEL SABBIA; ADRIENNE SABBIA; )

JEFFREY LOWE; THE LOWE GROUP

)

CHICAGO, INC.; and MIDWEST REALTY )

VENTURES, LLC d/b/a PRUDENTIAL

)

RUBLOFF PROPERTIES,

)

)

Defendants.

)

No. Judge

COMPLAINT The United States of America, by its attorney, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, brings this action on behalf of George W illborn, Peytyn Willborn, the Willborns’ adult child, Tiara Hill Willborn, the Willborns’ minor child, G.W., and Dylcia Cornelious, pursuant to section 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3612(o), and alleges as follows: 1. This court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o). 2. George and Peytyn W illborn (the “Willborns”) are an African-Am erican married couple, who reside in Illinois with their adult child, Tiara Willborn, and their minor child, G.W. 3. Dylcia Cornelious is a resident of Chicago, Illinois and at all relevant times was a real estate agent licensed to do business in Illinois. 4. Defendants Daniel and Adrienne Sabbia (the“Sabbias”) are a white married couple, who, at all relevant times, owned the residence located at 3300 South Normal Avenue, Chicago,

Case: 1:10-cv-05967 Document #: 1 Filed: 09/20/10 Page 2 of 8 PageID #:2

Illinois 60616, a five-bedroom, 8,000 square foot, single-fam ily home, located in the Bridgepor t

neighborhood in Chicago (the “Property”). At all relevant times, the Sabbias lived in the Property

with their three minor children.

5. Defendant Jeffrey Lowe is a resident of Cihcago, Illinois and at all relevant times was

a real estate agent licensed to do business in Illinois.

6. The Lowe Group Chicago, Inc., (“The Lowe Group”) is a corporation with its

principal place of business in Chicago, Illinois. At all relevant tim es, Jeffrey Lowe was the

corporation’s employee and its sole officer, director, and shareholder.

7. Midwest Realty Ventures, LLC d/b/a Pr udential Rubloff Properties (“Prudential

Rubloff”) is an Illinois Limited Liability Company that operates as a real estate brokerage firm. At

all relevant times, Jeffrey Lowe and The Lowe Group acted as agents of Prudential Rubloff.

8. The Property is a “dwelling” within the meaning of 42 U.S.C. § 3602(b).

9. Daniel Sabbia has several family members who live in Bridgeport, and a sister and

brother-in-law who reside at 3304 South Norm al Avenue, which is directly next door to the

Property.

10. In January 2008, the Sabbias retained the services of defendant Jeffrey Lowe to list,

market, and sell the Property. As a result, the Property was listed by the brokerage firm

of

Prudential Rubloff, and Lowe acted as the listing agent for the brokerage firm.

11. While Lowe represented the Sabbia s, Daniel Sabbia advised Lowe that he would

prefer not to sell his home to an African American, but clarified that if it was for the right price, he

did not care who bought the house.

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12. In January 2008, the Sabbias, through Lowe, listed the Property for sale at a price of $1.99 million. In November 2008, they took the Property off the market briefly, and in April 2009 relisted the Property at a reduced price of $1.799 million.
13. In January 2010, the W illborns retained th e services of real estate agent Dylcia Cornelious to help them locate a newer construction, approxim ately 5,000 to 8,000 s quare foot single-family home near downtown Chicago. Cornelious is an agent with ReMax 2000 and has been in the real estate business for approximately 12 years.
14. On January 2, 2010, the Willborns toured the Property with Cornelious. At the time of the tour, the Property was listed for $1.799 million and had been on the market for almost two years.
15. As the W illborns left the Property, Daniel Sabbia was sitting in his car in the driveway of the Property and waived to the Willborns.
16. Prior to sending this sales contract to the Sabbias, Lowe knew the W illborns were African American.
17. At all times relevant, George Willborn was a nationally syndicated radio personality and comedian appearing in television and film.
18. The Willborns were financially qualified to buy the Property. 19. On January 2, 2010, the same day they toured the Property, the Willborns made an offer of $1.5 million with $75,000 in earnest money and a closing date of February 25, 2010. The Sabbias countered with a demand of $1.75 million and a later closing date. 20. On January 3, 2010, the W illborns offered $1.65 m illion and requested that the Sabbias leave the televisions in the theater and living room.
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21. On January 4, 2010, Lowe conveyed the Sabbais’ final counteroffer to the Willborns of $1.7 million with an April 1, 2010 closing date.
22. Later on January 4, 2010, Cornelious conveyed to Lowe the Willborns’ acceptance of the Sabbias’ counteroffer and prepared a sales contract for signature.
23. On January 5, 2010, Lowe forwarded the conrtact, containing the terms to which the Willborns and Sabbias had verbally agreed, to the Sabbias for signature.
24. By January 8, 2010, Cornelious had not erceived a signed contract and inquired with Lowe about the contract, adding that she was holding the earnest money check.
25. On January 9, 2010, Lowe informed Cornelious that the Sabbias were reconsidering the sale of the Property. Cornelious told Lowe the Sabbias’ actions appeared racist and warned that such actions would constitute a fair housing violation.
26. On January 11, 2010, Lowe informed Cornelious that the Sabbias would not sign the sales contract and were taking the Property off the market, because (1) Adrienne Sabbia had changed her mind about moving; (2) the Sabbias could not find a suitable new home to move into; and (3) the Sabbias wanted to keep their children in their current schools.
27. On January 12, 2010, at the Sabbias’ direction, Lowe took the Pr operty off the market.
28. On or about January 28, 2010, t he Willborns and Dylcia Cornelious filed a tim ely verified complaint alleging discrimination in housing on the basis of race with the United States Department of Housing and Urban Development (“HUD complaint”) pursuant to section 810(a) of the Fair Housing Act, 42 U.S.C. § 3610(a) . The HUD complaint alleged, inter alia, that the
4

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Sabbias, Jeffrey Lowe, The Lowe Group, and Pr udential Rubloff disc riminated against the complainants by refusing to sell a house to the Willborns because of their race.
29. Pursuant to the requirements of 42 U.S.C. § 3610(a) and (b), the Secretary of HUD conducted and completed an investigation of thecomplaint, attempted conciliation without success, and prepared a final investigative report. Based on the information gathered in the investigation, the Secretary, pursuant to 42 U.S. C. § 3610(g)(1), determ ined that reasonable cause existed to believe that discriminatory housing practices had occurred. Accordingly, on August 9, 2010, the Secretary issued a Charge of Discrimination (“the Charge”) pursuant to 42 U.S.C. § 3610(g)(2)(A), charging defendants Daniel and Adrienne Sabbia with engaging in discriminatory housing practices in violation of section 804(a) and section 818 of the Fair Housing Act, 42 U.S.C. § 3604(a) and 3617, and defendants Jeffrey Lowe, The Lowe Gr oup, and Prudential Rubloff with engaging in discriminatory housing practices in violation of section 804(a), section 805, and section 818 of the Fair Housing Act, 42 U.S.C. §§ 3604(a), 3605, and 3617.
30. On August 20, 2010, com plainants George and Peytyn W illborn and Dylcia Cornelious elected to have the HUD Charge resolved in a civil action in federal district court, pursuant to 42 U.S.C. § 3612(a).
31. Following this election, the Secretary of HUD authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o).
32. On February 1, 2010, a few days after receiving the HUD c omplaint, the Sabbias directed Lowe to offer the Willborns the opportunity to buy the Property, with all of its furniture, for the full asking price of $1.799 million.
33. The Willborns rejected this offer.
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34. One month later, on March 8, 2010, Lowe relisted the Property at the asking pr ice of $1.799 million.
35. At the time the Sabbias relisted the Property, they still had not located a suitable home to move into, and the Sabbia children attended the same school they had attended all year.
36. As a result of defendants’ actions desc ribed above, the Willborns were prevented from buying the house they wanted, and Cornelious was prevented from negotiating the sale and receiving the sales commission on the Property.
37. By refusing to sell the Property to the Wi llborns and taking it off the m arket, the Sabbias have discriminated against the Willborns and Cornelious by:
a. making a dwelli ng unavailable to the Willborns because of their race, in violation of 42 U.S.C. § 3604(a); and
b. interfering with the W illborns and Cornelious in t heir exercise of rights granted under the Fair Housing Act, in violation of 42 U.S.C. § 3617.
38. By conveying the Sabbi as’ refusal to sell the Property to the W illborns and facilitating the Property’s rem oval from the m arket, defendants Lowe, the Lowe Group, and Prudential Rubloff have discriminated against the Willborns and Cornelious by:
a. making a dwelling unavailable to the Willborns because of their race, in violation of 42 U.S.C. § 3604(a);
b. interfering with the W illborns and Cornelious in their exercise of rights granted under the Fair Housing Act, in violation of 42 U.S.C. § 3617; and
c. making residential real estate-related transactions unavailable to the Willborns and Cornelius because of the Willborns’ race, in violation of 42 U.S.C. § 3605.
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39. George and Peytyn Willborn, their adult daughter, Tiara Hill Willborn, their minor child, G.W., and Cornelious are aggrieved persons , as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of the defendants’ conduct described above.
40. The discriminatory actions of defendants were intentional, willf ul, or taken in disregard for the rights of the Willborns and Cornelious.
WHEREFORE, the United States prays that this court: 1. declare that the discriminatory housing practices of the Sabbias as set forth above violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3604(a) and 3617; 2. declare that the discrim inatory housing practices of defendants Lowe, the Lowe Group, and Prudential Rubloff as set forth above violate the Fair Housing Act, as am ended, 42 U.S.C. §§ 3604(a), 3605, and 3617; 2. enjoin the defendants, any agents, employees, and successors they may have, and all other persons in active concert or participation with themfrom: (1) denying a dwelling based on race in violation of 42 U.S.C. § 3604(a); (2) intimidating, threatening, and interfering with rights granted or protected by the Fair Housing Act in violation of 42 U.S.C. § 3617; and (3) making residential real estate-related transactions unavailable to real estate buyers, sellers, and agents because of race; 3. award compensatory and punitive damages to the Willborns and Cornelious, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1); and 4. The United States further prays for such additional relief as the interests of justice may require.
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Case: 1:10-cv-05967 Document #: 1 Filed: 09/20/10 Page 8 of 8 PageID #:8 Respectfully submitted, PATRICK J. FITZGERALD United States Attorney By: s/ Patrick W. Johnson PATRICK W. JOHNSON Assistant United States Attorney 219 South Dearborn Street Chicago, Illinois 60604 (312) 353-5327 patrick.johnson2@usdoj.gov
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 Case: 1:10-cv-05967 Document #: 42 Filed: 11/09/11 Page 1 of 8 PageID #:334

f

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

DANIEL SABBIA, ADRIENNE SABBIA, )

JEFFREY LOWE, THE LOWE GROUP

)

CHICAGO, INC., and MIDWEST REALTY )

VENTURES, LLC d/b/a PRUDENTIAL

)

RUBLOFF PROPERTIES,

)

)

Defendants.

)

No. 10 C 5967 Judge Der-Yeghiayan

PARTIAL FINAL CONSENT ORDER
I. INTRODUCTION
1. On August 26, 2010, George Willborn, Peytyn Willbom, the Willboms' adult child, Teara Hill Willborn and the Willboms' minor child (collectively, the "Willboms") filed a complaint, No. 10 C 5382, against Daniel and Adrienne Sabbia, Jeffrey Lowe, The Lowe Group Chicago, Inc. (The "Lowe Group"), and Midwest Realty, LLC d/b/a Prudential Rubloff ("Prudential"), alleging they discriminated on account of race in violation of the Fair Housing Act when the Sabbias refused to sell their single family home to the Willborns (the "Willborn Lawsuit").
2. On September 20, 2010, the United States filed a complaint, No. 10 C 5967, alleging the same claims against the same defendants on behalf of the Willborns and Dylcia Cornelious, pursuant to subsection 812(0) of the Fair Housing Act, 42 U.S.c. § 3612(0).
3. Jeffrey Lowe, The Lowe Group, and Prudential (collectively, the "Settling Defendants"), have entered into a settlement agreement with the Willborns resolving the claims by the Willborns against the Settling Defendants in the Willborn Lawsuit.
4. The United States files this Partial Consent Order to resolve all claims alleged in Case No. No. 10 C 5967 against the Settling Defendants. The Settling Defendants and the United States are collectively referred to as the "Settling Parties." Pursuant to Fed. R. Civ. P. 54(b), this Partial Consent Order shall constitute a final judgment as to all claims against the

Case: 1:10-cv-05967 Document #: 42 Filed: 11/09/11 Page 2 of 8 PageID #:335
Settling Defendants and there is no just reason for delay. Daniel and Adrienne Sabbia are not participating in this Consent Order. The litigation against them will continue.
A. Allegations Against Defendants
5. Were this case to proceed to trial, the United States would present evidence and testimony sufficient to establish the following facts:
6. George and Peytyn Willborn are an African-American married couple, who reside in Illinois with their adult child, Teara Hill Willborn, and their minor child.
7. Dylcia Cornelious is a resident of Chicago, Illinois and at all relevant times was a real estate agent licensed to do business in Illinois.
H. Defendants Daniel and Adrienne Sabbia are a white married couple, who, at all relevant times, owned the residence located at 3300 South Normal Avenue, Chicago, Illinois 60616, a five-bedroom, 8,000 square foot, single-family home, located in the Bridgeport neighborhood in Chicago (the "Property"). At all relevant times, the Sabbias lived in the Property with their three minor children.
9. Defendant Jeffrey Lowe is a resident of Chicago, Illinois and at all relevant times was a real estate agent licensed to do business in Illinois.
10. The Lowe Group is a corporation with its principal place of business in Chicago, Illinois. At all relevant times, Jeffrey Lowe was the corporation's employee and its sole officer, director, and shareholder.
11. Prudential is an Illinois Limited Liability Company that operates as a real estate brokerage firm. Beginning on February 26, 2009 and at all relevant times thereafter, Jeffrey Lowe and The Lowe Group acted as agents of Prudential.
12. In January 2008, the Sabbias retained the services of defendant Jeffrey Lowe to list, market, and sell the Property. The Property was subsequently listed on February 26, 2009 by the· brokerage firm of Prudential, and Lowe acted as the listing agent for the brokerage firm.
13. During their initial conversation in 2008, Daniel Sabbia advised Lowe that he would prefer not to sell his home to an African American, but clarified that if it was for the right price, he did not care who bought the house.
14. In January 2008, the Sabbias, through Lowe, listed the Property for sale at a price of $1.99 million. In November 2008, they took the Property off the market, and in April 2009 relisted the Property at a reduced price of $1.799 million.
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Case: 1:10-cv-05967 Document #: 42 Filed: 11/09/11 Page 3 of 8 PageID #:336
15. In January 2010, the Willborns retained the services of real estate agent Dylcia Cornelious to help them locate a 5,000 to 8,000 square foot single-family home near downtown Chicago.
16. On January 2, 2010, the Willborns toured the Property and made an offer of $1.5 million. The Sabbias, through Lowe, countered with a demand of $1.75 million.
17. Negotiations continued and on January 4, 2010, Lowe conveyed the Sabbias' final counteroffer to the Willborns of $1.7 million.
18. Later on January 4,2010, Cornelious conveyed to Lowe the Willborns' acceptance of the Sabbias' counteroffer and prepared a sales contract for signature.
19. On January 5, 2010, Lowe forwarded the contract, containing the terms to which the Willborns and Sabbias had verbally agreed, to the Sabbias for signature.
20. On January 9, 2010, Lowe informed Cornelious that the Sabbias were reconsidering the sale of the Property. Cornelious told Lowe the Sabbias' actions appeared racist and warned that such actions would constitute a fair housing violation. Lowe replied that he did not believe that the Sabbias' actions were motivated by race.
21. On January 11,2010, Lowe informed Cornelious that the Sabbias would not sign the sales contract and were taking the Property off the market, because (1) Adrienne Sabbia had changed her mind about moving; (2) the Sabbias could not find a suitable new home to move into; and (3) the Sabbias wanted to keep their children in their current schools.
22. On January 12, 2010, Lowe took the Property off the market.
23. By signing this Consent Order, the Settling Defendants do not admit any violation of the Fair Housing Act or wrongdoing. It is expressly understood that neither the entering into this Consent Order nor any action taken by the Settling Defendants pursuant to this Consent Order shall be construed as an admission of liability.
B. Consent of the Settling Parties to Entry of this Order
24. The Settling Parties agree that this Court has jurisdiction over the subject matter of this case pursuant to subsection 812(0) of the Fair Housing Act, 42 U.S.c. § 3612(0), and 28 U.S.C. §§ 1331and 1345. The Settling Parties also agree that the controversy between them should be resolved without further proceedings and without a trial.
25. As indicated by the signatures below, the Settling Parties agree to entry of this Consent Order.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
II. GENERAL INJUNCTION
26. Defendants Jeffrey Lowe, the Lowe Group, and Prudential and each of Prudential's officers, employees, agents, successors and assigns, and all other persons acting in active concert or participation with them are enjoined from:
A. Refusing to sell, refusing to negotiate for the sale of, or engaging in conduct that otherwise makes unavailable or denies dwellings to any potential buyer, or any person associated with that potential buyer, because of race or color, in violation of subsection 804(a) of the Fair Housing Act, 42 U.S.c. § 3604(a);
B. Discriminating against any person in making available a residential real estate-related transaction, or in the terms or conditions of such a transaction, because of race or color, in violation of Section 805 of the Fair Housing Act, 42 U.S.c. § 3605; and
C. Interfering with any person in the exercise or enjoyment of, or on account of any person's having exercised or enjoyed, or on account of any person's having aidttd or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 803-806 of the Fair Housing Act, in violation of section 818 of the Fair Housing Act, 42 U.S.c. § 3617.
III. PAYMENT OF MONETARY DAMAGES
27. Within ten (10) days of the entry of this Consent Order, Settling Defendants shall cause a total of thirty thousand dollars ($30,000) to be paid to Dylcia Cornelious.
28. Upon receipt of the check, the United States shall send to Settling Defendants an executed release of all claims, legal or equitable, that Ms. Cornelious might have against the Settling Defendants. The release shall be substantially in the form of Appendix A.
IV. EDUCATIONAL PROGRAM
29. Within thirty (30) days of the entry of this Order, Prudential shall provide a copy of this Order to each of its real estate agents and, for the duration of this Order, to any new agents within ten (10) days of beginning his or her agency relationship with Prudential.
30. Within ninety (90) days after the date of entry of this Consent Order, defendant Lowe shall complete an educational program on the Fair Housing Act, with specific emphasis on discrimination on the basis of race. The content of this educational program shall be determined by and the training shall be conducted by a qualified party, approved by the United States and independent from the Settling Defendants. Any expenses associated with this
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training shall be borne by the Settling Defendants. Defendant Lowe shall obtain from the trainer a certification confirming his attendance.

V. NOTIFICATION TO PUBLIC OF NONDISCRIMINATION POLICIES

31. Within ten (10) days after the date of entry of this Consent Order, the Settling Defendants shall take the following steps to notify the public of their nondiscriminatory policies:
A. Pursuant to 24 C.F.R. Part 110, post and prominently display at any place of business where they conduct real estate activity and/or have personal contact with clients, a Fair Housing Poster.
B. Include the words "Equal Housing Opportunity" or the fair housing logo in any advertising conducted in newspapers, Internet, telephone directories, radio, television or other media, and on all billboards, signs, pamphlets, brochures and other promotional literature. The words or logo should be prominently placed and easily legible.

VI. COMPLIANCE TESTING

32.

The United States may take steps to monitor the compliance by the Settling

Defendants with this Consent Order, including, but not limited to, conducting fair

housing tests of the Settling Defendants and their agents and employees.

VII. MONITORING AND DOCUMENT RETENTION REQUIREMENTS

33. During the period in which this Consent Order is in effect, the Settling Defendants shall notify counsel for the United States in writing within thirty (30) days of receipt of:

A. Any written complaint against them or their agents or employees regarding discrimination in housing on the basis of race or color or alleging interference, retaliation, intimidation, or coercion on the basis of a person having exercised rights protected by the Fair Housing Act or having aided, assisted or encouraged others in exercising such rights; and

B. Any oral complaint received by them or their agents or employees regarding discrimination in housing on the basis of race or color or alleging interference, retaliation, intimidation, or coercion on the basis of a person having exercised rights protected by the Fair Housing Act or having aided, assisted or encouraged others in exercising such rights.

If the complaint is written, the Settling Defendants shall provide a copy of it with the notification. If the complaint is oral, Settling Defendants shall include a written summary of it with the notification. Whether written or oral, the notification shall include the full details ofthe complaint, including the complainant's name, address, and telephone number. Settling

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Defendants shall also promptly provide the United States with all information it may request concerning any such complaint, and shall notify the United States within fifteen (15) days of the resolution of any such complaint.
34. For the term of this Consent Order, the Settling Defendants are required to preserve all records related to this Consent Order. Upon reasonable notice to the Settling Defendants, representatives of the United States shall be permitted to inspect and copy these records, provided, however, that the United States shall endeavor to minimize any inconvenience to Settling Defendants from such inspections.
VIII. DURATION OF CONSENT ORDER AND TERMINATION OF LEGAL ACTION
35. This Consent Order shall remain shall remain in effect for three (3) years after the date of its entry.
36. The Court shall retain jurisdiction for the duration of this Consent Decree to enforce the terms of the Decree. If no action is taken by the United States to extend this Order within three (3) years after the date of entry of this Order, the Order shall terminate, and Case No. 10 C 5967 shall be dismissed with prejudice, and the Court's jurisdiction ofthis action shall cease. The United States may move the Court to extend the duration of the Decree in the interests of justice, which the Settling Defendants retain the right to oppose.
37. The parties to this Consent 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.
IX. TIME FOR PERFORMANCE
38. Any time limits for performance imposed by the Consent Order may be extended by the mutual written agreement of the Settling Parties.
X. COSTS OF LITIGATION
39. Each party to this Consent Order shall bear its own costs and attorneys' fees associated with this litigation.
IT IS SO ORDERED:

't , November

201l.

•

~~ SAMUEL DER-YE~

United States District Court

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Case: 1:10-cv-05967 Document #: 42 Filed: 11/09/11 Page 7 of 8 PageID #:340
FOR PLAINTIFF UNITED STATES OF AMERICA:
PATRICK J. FITZGERALD United States Attorney
By: sl LaShonda A. Hunt LASHONDA A. HUNT PATRICK W. JOHNSON Assistant United States Attorneys 219 South Dearborn Street Chicago, Illinois 60604 (312) 886-4190 lashonda.hunt@usdoj.gov (312) 353-5327 patrick.johnson2@usdoj.gov
FOR DEFENDANTS JEFFREY LOWE AND THE LOWE GROUP CHICAGO, INC.:
By: s/Edward W. Feldman EDWARD W. FELDMAN Miller Shakman & Beem LLP 180 N. LaSalle St., Suite 3600 Chicago, IL 60601 (312) 263-3700 efeldman@mi1lershakman.com
FOR DEFENDANT MIDWEST REALTY VENTURES, LLC d/b/a PRUDENTIAL RUBLOFF PROPERTIES:
By: sl David Holmes DAVID HOLMES Wilson Elser Moskowitz Edelman & Dicker LLP 55 West Monroe Street - Suite 3800 Chicago, IL 60603-5001 (312) 821-6119 david.holmes@wilsonelser.com
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Case: 1:10-cv-05967 Document #: 42 Filed: 11/09/11 Page 8 of 8 PageID #:341
APPENDIX A
WAIVER, RELEASE OF CLAIMS, AND CONSENT NOT TO SUE DEFENDANTS JEFFREY LOWE, THE LOWE GROUP AND PRUDENTIAL
In consideration of the Settling Parties' agreement to the provisions of the Consent Order entered in United States v. Daniel Sabbia, et al., No.lO C 5967 (N.D. Ill.), and the payment of the sum of thirty thousand dollars ($30,000) by defendants Jeffrey Lowe, Lowe Group Chicago, Inc., and Midwest Realty, LLC d/b/a Prudential Rubloff ("Settling Defendants"), I, Dylcia Cornelious, hereby and forever waive, release, and agree not to sue the Settling Defendants for any claims, legal or equitable, I may have against the Settling Defendants and other officers, agents, employees, successors, executors, heirs, assigns, attorneys, and any other person in active concert or participation with them regarding any and all claims arising out of the issues alleged in this action. I fully acknowledge and agree that this release of the Settling Defendants shall be binding on my heirs, representatives, executors, successors, administrators, and assigns. I hereby acknowledge that I have read and understand this release and have executed it voluntarily and with full knowledge of its legal consequences.
SIGNATURE
NAME: ------------------------------------
ADDRESS:
DATE:

 
 Case: 1:10-cv-05967 Document #: 44 Filed: 07/27/12 Page 1 of 8 PageID #:350

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

DANIEL SABBIA, ADRIENNE SABBIA, )

JEFFREY LOWE, THE LOWE GROUP

)

CHICAGO, INC., and MIDWEST REALTY )

VENTURES, LLC d/b/a PRUDENTIAL

)

RUBLOFF PROPERTIES,

)

)

Defendants.

)

No. 10 C 5967 Judge Der-Yeghiayan

PARTIAL FINAL CONSENT ORDER
I. INTRODUCTION
1. On August 26, 2010, George Willborn, Peytyn Willborn, the Willborns’ adult child, Teara Hill Willborn and the W illborns’ minor child (collectively, the “W illborns”) filed a complaint, No. 10 C 5382, a gainst Daniel and Adrienne Sabbia, Jeffrey Lowe, The Lowe Group Chicago, Inc. (The “Lowe Group”), a nd Midwest Realty, LLC d/b/a Prudential Rubloff (“Prudential”), alleging they discriminated on account of race in violation of tehFair Housing Act when the Sabbias refused to sell their single family home to the Willborns (the “Willborn Lawsuit”).
2. On September 20, 2010, the United States filed a complaint, No. 10 C 5967, alleging the same claims against the same defendants on behalf of the Willborns and Dylcia Cornelious, pursuant to subsection 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o).
3. Daniel and Adrienne Sabbia (collectively, the “Settling Defendants”), have entered into a settlement agreement with the Willborns resolving the claims by the Willborns against the Settling Defendants in the Willborn Lawsuit.
4. The claims in this case and the Willborn Lawsuit against the remaining defendants, Jeffrey Lowe, The Lowe Group, and Prudential, were preivously settled and are subject to a separate consent decree and settlement agreement.
5. The United States files this Partial Consent Order to resolve all claims alleged in Case No. No. 10 C 5967 against the Settling Defendants. The Se ttling Defendants and the United States are collectively referred to as the “Settling Parties.” Pursuant to Fed. R. Civ. P. 54(b),

Case: 1:10-cv-05967 Document #: 44 Filed: 07/27/12 Page 2 of 8 PageID #:351
this Partial Consent Order shall constitute a final judgment as to all clai ms against the Settling Defendants and there is no just reason for delay.
A. Allegations Against Defendants
6. Were this case to proceed to trial, the United States would present evidence and testimony sufficient to establish the following facts:
7. George and Peytyn Willborn are an African-American married couple, who reside in Illinois with their adult child, Teara Hill Willborn, and their minor child.
8. Dylcia Cornelious was at all relevant times a resident of Chicago, Illinois and a real estate agent licensed to do business in Illinois.
9. Defendants Daniel and Adrienne Sabbia are a white married couple, who, at all relevant times, owned the residence located at 3300South Normal Avenue, Chicago, Illinois 60616, a five-bedroom, 8,000 square foot, single-fam ily home, located in the Bridgeport neighborhood in Chicago (the “Property”). At all relevant times, the Sabbias lived in the Property with their three minor children.
10. Defendant Jeffrey Lowe is a resident of Chicago, Illinois and atall relevant times was a real estate agent licensed to do business in Illinois.
11. The Lowe Group is a corporation with its principal place of business in Chicago, Illinois. At all relevant tim es, Jeffrey Lowe was the corporation’s em ployee and its sole officer, director, and shareholder.
12. Prudential is an Illinois Limited Liability Company that operates as a real estate brokerage firm. Beginning on February 26, 2009 and at all rleevant times thereafter, Jeffrey Lowe and The Lowe Group acted as agents of Prudential.
13. In January 2008, the Sabbias retained the services of defendant Jeffrey Lowe to list, amrket, and sell the Property. The Property was subsequently listed on February 26, 2009 by the brokerage firm of Prudential, and Lowe acted as the listing agent for the brokerage firm.
14. In January 2008, the Sabbias, through Lowe, listed the Property for sale at a price of $1.99 million. In November 2008, they took the Properyt off the market, and in April 2009 relisted the Property at a reduced price of $1.799 million.
15. In January 2010, the Willborns retained the services of real estate agent Dylcia Cornelious to help them locate a 5,000 to 8,000 s quare foot single-fam ily home near downtown Chicago.
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Case: 1:10-cv-05967 Document #: 44 Filed: 07/27/12 Page 3 of 8 PageID #:352
16. On January 2, 2010, the Willborns toured the Property and made an offer of $1.5 million. Daniel Sabbia, through Lowe, countered with a demand of $1.75 million.
17. Negotiations continued and on January 4, 2010, Lowe conveyed Daniel Sabbia’s final counteroffer to the Willborns of $1.7 million.
18. Later on January 4, 2010, Cornelious conveyed to Lowe the W illborns’ acceptance of the counteroffer and prepared a sales contract for signature.
19. On January 5, 2010, Lowe forwarded the contract, containing the term s to which the Willborns and Daniel Sabbia had verbally agreed, to the Sabbias for signature.
20. On January 9, 2010, Lowe informed Cornelious that the Sabbias were reconsidering the sale of the Property. Cornelious told Lowe the Sabbias’ actions appeared racist and warned that such actions would constitute a fair housing violation. Lowe replied that he did not believe that the Sabbias’ actions were motivated by race.
21. On January 11, 2010, Lowe informed Cornelious that the Sabbias would not sign the sales contract and were taking the Property off the m arket, because (1) Adrienne Sabbia had changed her mind about moving; (2) the Sabbiascould not find a suitable new home to move into; (3) the Sabbias wanted to keep their children in their current schools; and (4) Adrienne Sabbia refused to sell the house for less than $1.799 million.
22. On January 12, 2010, Lowe took the Property off the market.
23. By signing this Consent Order, the Settling Dfeendants do not admit any violation ofthe Fair Housing Act or wrongdoing. It is expressly unde rstood that neither the entering into this Consent Order nor any action taken by the Settling Def endants pursuant to this Consent Order shall be construed as an admission of liability.
B. Consent of the Settling Parties to Entry of this Order
24. The Settling Parties agree that this Court hasjurisdiction over the subject matter of this case pursuant to subsection 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o), and 28 U.S.C. §§ 1331and 1345. The Settling Parties also agree that the controversy between themshould be resolved without further proceedings and without a trial.
25. As indicated by the signatures below, the Se ttling Parties agree to en try of this Consent Order.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
II. GENERAL INJUNCTION
26. Defendants Daniel and Adrienne Sabbia, their agents, successors and assigns, and all other persons acting in active concert or participation with them are enjoined from:
A. Refusing to rent or sell a dwelling, refusingor failing to provide or offer information about a dwelling, refusing to negotiate for the rental or sale of a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race or color;
B. Discriminating against any person in the terms, conditions, or privileges of the rental or sale of a dwelling, or in the provisi on of se rvices or facilities in connection therewith, because of race or color;
C. Making any statement, oral or written, in connection with the rental or sale of a dwelling, that expresses or indicates anypreference, limitation, or discrimination, or an intent to make any such preference, limitation, or discrimination, on the basis of race or color; and
D. Representing to persons because of race or color that any dwelling is not available for inspection, rent, or sale when such dwelling is, in fact, so available.
III. PAYMENT OF MONETARY DAMAGES
27. Within ten (30) days of the entry of this Consent Order, Settling Defendants shall cause a total of six thousand dollars ($6,000.00) to be paid to Dylcia Cornelious.
28. Upon receipt of the check, the United States shall send to Settling Defendants an executed release of all claims, legal or equitable, that Ms. Cornelious might have against the Settling Defendants. The release shall be substantially in the form of Appendix A.
IV. COMPLIANCE TESTING
29. The United States may take steps to monitor the compliance by the Settling Defendants with this Consent Order, including, but not limited to, conducting fair housing tests of the Settling Defendants and their agents.
V. MONITORING AND DOCUMENT RETENTION REQUIREMENTS
30. During the period in which this Consent Orde r is in ef fect, the Settling Def endants shall notify counsel for the United States in writing within thirty (30) days of receipt of:
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A. Any written com plaint against them or their agents regarding discrim ination in

housing on the basis of race or color or alleging interference, retali

ation,

intimidation, or coercion on the basis of a person having exercised rights protected

by the Fair Housing Act or having aided, asssited or encouraged others in exercising

such rights; and

B. Any oral complaint received by them or their agents regarding discrim ination in housing on the basis of r ace or color or alleging interference, retaliation, intimidation, or coercion on the basis of a person having exercised rights protected by the Fair Housing Act or having aided, assisted or encouraged others in exercising such rights.

If the com plaint is written, the Settling Defendants shall provide a copy of it with the notification. If the complaint is oral, Settling Defendants shall include a written sum mary of it with the notification. W hether written or oral, the notification shall include the full details of the complaint, including the complainant’s name, address, and telephone number. Settling Defendants shall also promptly provide the United States with all inof rmation it may request concerning any such complaint, and shall notify the United States within fifteen (15) days of the resolution of any such complaint.

31. For the term of this Consent Order, the Settling Def endants are required to preserve all records related to this Consent Order. Upon reasonable notice to the Settling Defendants, representatives of the United State s shall be permitted to inspect and copy these records, provided, however, that the United States shall endeavor to minimize any inconvenience to Settling Defendants from such inspections.

VI. DURATION OF CONSENT ORDER AND TERMINATION OF LEGAL ACTION

32. This Consent Order shall remain shall remain in effect for three (3) years after the date of its entry.

33. The Court shall retain jurisdiction f or the duration of this Consent Decree t o enforce the terms of the Decree. If no action is taken by the United States to extend this Order within three (3) years after the date of entry of this Order, the Order shall terminate, and Case No. 10 C 5967 shall be dismissed with prejudice, andthe Court’s jurisdiction of this action shall cease. The United States may move the Court to extend the duration of the Decree in the interests of justice, which the Settling Defendants retain the right to oppose.

34. The parties to this C onsent Order shall endeavor in good faith to re solve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution.

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Case: 1:10-cv-05967 Document #: 44 Filed: 07/27/12 Page 6 of 8 PageID #:355 VII. TIME FOR PERFORMANCE
35. Any time limits for performance imposed by the Consent Order m ay be extended by the mutual written agreement of the Settling Parties. VIII. COSTS OF LITIGATION
36. Each party to this Consent Order shall bear itsown costs and attorneys’ fees associated with this litigation.
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IT IS SO ORDERED:
July 27, 2012.
__________________________________ SAMUEL DER-YEGHIAYAN United States District Court
FOR PLAINTIFF UNITED STATES OF AMERICA:
PATRICK J. FITZGERALD United States Attorney By: s/ LaShonda A. Hunt LASHONDA A. HUNT PATRICK W. JOHNSON Assistant United States Attorneys 219 South Dearborn Street Chicago, Illinois 60604 (312) 886-4190 lashonda.hunt@usdoj.gov (312) 353-5327 patrick.johnson2@usdoj.gov
FOR DEFENDANTS DANIEL AND ADRIENNE SABBIA:
By: s/Michael J. Kralovec KRALOVEC MEENAN LLP 53 W. Jackson Boulevard Suite 1120 Chicago, Illinois 60604 (312) 788-1111 mkralovec@nlklaw.com
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APPENDIX A
WAIVER, RELEASE OF CLAIMS, AND CONSENT NOT TO SUE DEFENDANTS DANIEL AND ADRIENNE SABBIA
In consideration of the Settling Parties’ agreement to the provisions of the Consent Order entered in United States v. Daniel Sabbia, et al., No.10 C 5967 (N.D. Ill.), and the payment of the sum of six thousand dollars ($6,000) by defenda nts Daniel and Adrienne Sabbia (“Settling Defendants”), I, Dylcia Cornelious, hereby and fo rever waive, release, and agree not t o sue the Settling Defendants for any claims, legal or equitable, I may have against the Settling Defendants and other officers, agents, employees, successors, executors, heirs, assigns, attorneys, and any other person in active concert or participation with them regarding any and all claims arising out of the issues alleged in this action. I fully acknowledge and agree that t his release of the Settling Defendants shall be binding on my heirs, representatives, executors, successors, administrators, and assigns. I hereby acknowledge that I have read and understa nd this release and have executed it voluntarily and with full knowledge of its legal consequences.

____________________________________ SIGNATURE

NAME: ________________________________________

ADDRESS: ___________________________________ ___________________________________ ___________________________________

DATE:

__________________

 
 Case: 1:10-cv-05967 As of: 08/02/2012 01:26 PM CDT 1 of 5
NOLAN,TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 5.0.3 (Chicago)
CIVIL DOCKET FOR CASE #: 1:10−cv−05967

United States of America v. Sabbia et al Assigned to: Honorable Samuel Der−Yeghiayan Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 09/20/2010 Date Terminated: 06/27/2012 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

United States of America

represented by LaShonda Annette Hunt United States Attorney's Office (NDIL) 219 South Dearborn Street Suite 500 Chicago, IL 60604 (312) 886−4190 Email: lashonda.hunt@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

AUSA United States Attorney's Office (NDIL) 219 South Dearborn Street Suite 500 Chicago, IL 60604 Email: USAILN.ECFAUSA@usdoj.gov ATTORNEY TO BE NOTICED

Patrick Walter Johnson United States Attorney's Office (NDIL) 219 South Dearborn Street Suite 500 Chicago, IL 60604 (312) 353−5300 Email: patrick.johnson2@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Daniel Sabbia

represented by Michael Joseph Kralovec Kralovec Meenan LLP 53 West Jackson Boulevard Suite 1102 Chicago, IL 60604 (312) 788−1111 Email: mkralovec@nlklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel C. Meenan , Jr. Kralovec Meenan LLP 53 West Jackson Blvd. Suite 1102 Chicago, IL 60604 (312)788−1111 Email: dcmjd@aol.com ATTORNEY TO BE NOTICED
Joseph R. Lemersal

Case: 1:10-cv-05967 As of: 08/02/2012 01:26 PM CDT 2 of 5

Nash, Lalich &Kralovec 53 West Jackson Boulevard Suite 1102 Chicago, IL 60604 (312) 788−1111 Email: jlemersal@nlklaw.com ATTORNEY TO BE NOTICED

Defendant Adrienne Sabbia

represented by Michael Joseph Kralovec (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel C. Meenan , Jr. (See above for address) ATTORNEY TO BE NOTICED

Joseph R. Lemersal Kralovec Meenan LLP 53 West Jackson Boulevard Suite 1102 Chicago, IL 60604 (312) 788−1111 Email: jlemersal@nlklaw.com ATTORNEY TO BE NOTICED

Defendant
Jeffrey Lowe TERMINATED: 11/14/2011

represented by Alexandra Kay Block Miller Shakman &Beem LLP 180 North LaSalle Street Suite 3600 Chicago, IL 60601 312 263 3700 Email: ablock@millershakman.com ATTORNEY TO BE NOTICED

Edward W. Feldman Miller Shakman &Beem LLP 180 North LaSalle Street Suite 3600 Chicago, IL 60601 (312) 263−3700 Fax: (312) 263−3270 Email: efeldman@millershakman.com ATTORNEY TO BE NOTICED

Defendant The Lowe Group Chicago Inc

represented by Alexandra Kay Block (See above for address) ATTORNEY TO BE NOTICED

Edward W. Feldman (See above for address) ATTORNEY TO BE NOTICED

Defendant
Midwest Realty Ventures, LLC TERMINATED: 11/14/2011

represented by David M. Holmes Wilson, Elser, Moskowitz, Edelman &Dicker 55 West Monroe Street Suite 3800

Case: 1:10-cv-05967 As of: 08/02/2012 01:26 PM CDT 3 of 5
Chicago, IL 60603 (312) 704−0550 Email: Dave.Holmes@wilsonelser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angela McManus Sekerka Wilson, Elser, Moskowitz, Edelman &Dicker, LLP 55 West Monroe Street Suite 3800 Chicago, IL 60603 (312) 720−2103 Email: angela.sekerka@wilsonelser.com ATTORNEY TO BE NOTICED
Bennett Ray Heller Wilson, Elser, Moskowitz, Edelman &Dicker 120 North LaSalle Street Suite 2600 Chicago, IL 60602 (312) 704−0550 Email: bennett.heller@wilsonelser.com ATTORNEY TO BE NOTICED

Date Filed 09/20/2010 09/20/2010 09/20/2010 09/20/2010 09/27/2010 09/27/2010 09/27/2010 10/20/2010 10/20/2010 10/20/2010 12/14/2010
12/14/2010
12/14/2010

# Docket Text
1 COMPLAINT filed by United States of America; Jury Demand. (Johnson, Patrick) (Entered: 09/20/2010)
2 CIVIL Cover Sheet (Johnson, Patrick) (Entered: 09/20/2010)
CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. (daj, ) (Entered: 09/20/2010)
3 DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Plaintiff United States of America (Johnson, Patrick) (Entered: 09/20/2010)
4 ATTORNEY Appearance for Defendant Midwest Realty Ventures, LLC by Bennett Ray Heller (Heller, Bennett) (Entered: 09/27/2010)
5 ATTORNEY Appearance for Defendant Midwest Realty Ventures, LLC by David M. Holmes (Holmes, David) (Entered: 09/27/2010)
6 ATTORNEY Appearance for Defendant Midwest Realty Ventures, LLC by Angela McManus Sekerka (Sekerka, Angela) (Entered: 09/27/2010)
7 ATTORNEY Appearance for Defendants Adrienne Sabbia, Daniel Sabbia by Michael Joseph Kralovec (Kralovec, Michael) (Entered: 10/20/2010)
8 ATTORNEY Appearance for Defendants Adrienne Sabbia, Daniel Sabbia by Daniel C. Meenan, Jr (Meenan, Daniel) (Entered: 10/20/2010)
9 ATTORNEY Appearance for Defendants Adrienne Sabbia, Daniel Sabbia by Joseph R. Lemersal (Lemersal, Joseph) (Entered: 10/20/2010)
10 WAIVER OF SERVICE returned executed by United States of America. Adrienne Sabbia waiver sent on 10/12/2010, answer due 12/13/2010. (Johnson, Patrick) (Entered: 12/14/2010)
11 WAIVER OF SERVICE returned executed by United States of America. Daniel Sabbia waiver sent on 10/12/2010, answer due 12/13/2010. (Johnson, Patrick) (Entered: 12/14/2010)
12 WAIVER OF SERVICE returned executed by United States of America. Jeffrey Lowe waiver sent on 9/30/2010, answer due 11/29/2010. (Johnson, Patrick)

Case: 1:10-cv-05967 As of: 08/02/2012 01:26 PM CDT 4 of 5

12/14/2010 12/14/2010 12/16/2010 12/16/2010 12/16/2010 12/16/2010 12/16/2010 12/17/2010 12/17/2010 12/17/2010 12/17/2010 12/17/2010 12/17/2010 12/17/2010 12/17/2010 01/05/2011 01/07/2011 01/07/2011 01/14/2011

(Entered: 12/14/2010)
13 WAIVER OF SERVICE returned executed by United States of America. The Lowe Group Chicago Inc waiver sent on 9/30/2010, answer due 11/29/2010. (Johnson, Patrick) (Entered: 12/14/2010)
14 WAIVER OF SERVICE returned executed by United States of America. Midwest Realty Ventures, LLC waiver sent on 10/5/2010, answer due 12/6/2010. (Johnson, Patrick) (Entered: 12/14/2010)
15 ANSWER to Complaint by Daniel Sabbia(Lemersal, Joseph) (Entered: 12/16/2010)
16 NOTICE by Daniel Sabbia re answer to complaint 15 (Lemersal, Joseph) (Entered: 12/16/2010)
17 ATTORNEY Appearance for Defendants Jeffrey Lowe, The Lowe Group Chicago Inc by Alexandra Kay Block (Block, Alexandra) (Entered: 12/16/2010)
18 ANSWER to Complaint by Adrienne Sabbia(Lemersal, Joseph) (Entered: 12/16/2010)
19 NOTICE by Adrienne Sabbia re answer to complaint 18 (Lemersal, Joseph) (Entered: 12/16/2010)
20 ATTORNEY Appearance for Defendants Jeffrey Lowe, The Lowe Group Chicago Inc by Edward W. Feldman (Feldman, Edward) (Entered: 12/17/2010)
21 MOTION by Defendants Jeffrey Lowe, The Lowe Group Chicago Inc to dismiss complaints (Feldman, Edward) (Entered: 12/17/2010)
22 MOTION by Defendants Jeffrey Lowe, The Lowe Group Chicago Inc for leave to file brief in excess of 15 pages (Attachments: # 1 Exhibit Brief)(Feldman, Edward) (Entered: 12/17/2010)
23 NOTICE of Motion by Edward W. Feldman for presentment of motion to dismiss 21 before Honorable Samuel Der−Yeghiayan on 1/13/2011 at 09:00 AM. (Feldman, Edward) (Entered: 12/17/2010)
24 NOTICE of Motion by Edward W. Feldman for presentment of motion for leave to file 22 before Honorable Samuel Der−Yeghiayan on 1/13/2011 at 09:00 AM. (Feldman, Edward) (Entered: 12/17/2010)
25 MOTION by Defendant Midwest Realty Ventures, LLC to dismiss Plaintiffs' Complaint (Holmes, David) (Entered: 12/17/2010)
26 MEMORANDUM by Midwest Realty Ventures, LLC in support of motion to dismiss 25 (Holmes, David) (Entered: 12/17/2010)
27 NOTICE of Motion by David M. Holmes for presentment of motion to dismiss 25 before Honorable Samuel Der−Yeghiayan on 1/13/2011 at 09:00 AM. (Holmes, David) (Entered: 12/17/2010)
28 DESIGNATION of LaShonda Annette Hunt as U.S. Attorney for Plaintiff United States of America (Hunt, LaShonda) (Entered: 01/05/2011)
29 STATUS Report (Parties Joint Initial Status Report) by Jeffrey Lowe, Midwest Realty Ventures, LLC, Adrienne Sabbia, Daniel Sabbia, The Lowe Group Chicago Inc, United States of America (Feldman, Edward) (Entered: 01/07/2011)
30 STATUS Report (Parties' Joint Jurisdictional Status Report) by Jeffrey Lowe, Midwest Realty Ventures, LLC, Adrienne Sabbia, Daniel Sabbia, The Lowe Group Chicago Inc, United States of America (Feldman, Edward) (Entered: 01/07/2011)
31 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Samuel Der−Yeghiayan for all further proceedings pursuant to Local Rule 40.4, Finding of Relatedness. Signed by Executive Committee on 1/14/2011. (jmp, ) (Entered: 01/19/2011)

Case: 1:10-cv-05967 As of: 08/02/2012 01:26 PM CDT 5 of 5

02/10/2011 03/03/2011 03/03/2011 05/19/2011
05/19/2011 06/29/2011 06/29/2011 10/25/2011 11/04/2011 11/09/2011
11/09/2011 05/29/2012 07/27/2012

32 RESPONSE by United States of Americain Opposition to MOTION by Defendants Jeffrey Lowe, The Lowe Group Chicago Inc to dismiss complaints 21 , MOTION by Defendant Midwest Realty Ventures, LLC to dismiss Plaintiffs' Complaint 25 (Hunt, LaShonda) (Entered: 02/10/2011)
33 REPLY by Defendants Jeffrey Lowe, The Lowe Group Chicago Inc to motion to dismiss 21 , response in opposition to motion, 32 (Combined) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Feldman, Edward) (Entered: 03/03/2011)
34 REPLY by Defendant Midwest Realty Ventures, LLC to response in opposition to motion, 32 (Holmes, David) (Entered: 03/03/2011)
35 MINUTE entry before Honorable Samuel Der−Yeghiayan: Status hearing held and continued to 06/01/11 at 9:00 a.m. For the reasons stated in the Court's memorandum opinion dated 05/19/11, Defendants' motions to dismiss 21 , 25 are denied in their entirety. As stated on the record, the Court will consolidate the instant case with case number 10 C 5382. All filing in this instant action shall be filed under case number 10 C 5382. Prior to the the 06/01/11 status hearing, the parties are directed to meet and confer and are to be prepared to advise the Court at the next status hearing of proposed dates for discovery and dispositive motions. Mailed notice (mw, ) (Entered: 05/19/2011)
36 MEMORANDUM Opinion Signed by the Honorable Samuel Der−Yeghiayan on 5/19/2011: Mailed notice (mw, ) (Entered: 05/19/2011)
37 ANSWER to Complaint by Midwest Realty Ventures, LLC(Sekerka, Angela) (Entered: 06/29/2011)
38 ANSWER to Complaint by Midwest Realty Ventures, LLC Corrected (Sekerka, Angela) (Entered: 06/29/2011)
39 MOTION by Plaintiff United States of America for Entry of Partial Final Consent Decree (Johnson, Patrick) (Entered: 10/25/2011)
40 NOTICE of Motion by Patrick Walter Johnson for presentment of motion for miscellaneous relief 39 before Honorable Samuel Der−Yeghiayan on 11/9/2011 at 09:00 AM. (Johnson, Patrick) (Entered: 11/04/2011)
41 MINUTE entry before Honorable Samuel Der−Yeghiayan: Motion hearing held. Plaintiff's Motion for entry of partial final consent order 39 is granted. Defendants Jeffrey Lowe and Midwest Realty Ventures, LLC d/b/a Prudential are hereby dismissed pursuant to the partial final consent order dated 11/09/2011. Status hearing set for 9/5/2012 at 09:00 AM. [For further detail see separate order(s).] Mailed notice (jmp, ) (Entered: 11/14/2011)
42 ENTER Partial Final Consent Order Signed by the Honorable Samuel Der−Yeghiayan on 11/9/2011: (Attachment). Mailed notice (jmp, ) (Entered: 11/14/2011)
43 PARTIAL FINAL CONSENT ORDER by United States of America (Hunt, LaShonda) (Entered: 05/29/2012)
44 PARTIAL FINAL CONSENT ORDER: Signed by the Honorable Samuel Der−Yeghiayan on 7/27/2012: Mailed notice (mw, ) (Entered: 07/27/2012)