Case 5:10-cv-00186-DCB -JMR Document 22 Filed 05/19/11 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
JANIE KELLY, RICHARD COWART, and PHYLIS COWART,
Defendants. ______________________________________

) ) ) Civil Action No. 5:10CV186DCB-JMR ) ) ) ) ) ) ) )

FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

The United States of America (“United States”) alleges as follows:

NATURE OF ACTION

1. 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, 42 U.S.C. §§ 3601 et

seq. (the “Fair Housing Act”). This action is brought on behalf of Breezie R. Penny and

her minor child, M. E., pursuant to 42 U.S.C. § 3612(o).

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345, and 42

U.S.C. § 3612(o).

3. Venue is proper under 28 U.S.C. § 1391(b) because the events or omissions giving rise to

the United States’ claims occurred in this judicial district.

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PARTIES AND PROPERTY 4. Defendants Richard and Phylis Cowart are the owners of Shamrock Apartments
(“Shamrock”), a forty-eight unit apartment building located at 711 Belva Drive in Vicksburg, Mississippi. 5. Defendant Janie Kelly is the property manager and onsite decision-maker at Shamrock and acts as an agent for Defendants Richard and Phylis Cowart. Her responsibilities include showing units to prospective applicants, processing rental applications, and evaluating whether tenants are complying with the terms of their lease. Defendant Kelly lives in an apartment in Shamrock. 6. The apartments at Shamrock that are owned and managed by Defendants are “dwelling[s]” within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b). 7. Breezy R. Penny, who is white, resided in Unit 7 at Shamrock from on or around February 25, 2007, to on or around September 4, 2007. She occupied the apartment with her minor daughter, M. E., who is biracial, in that her father is black.
FACTUAL ALLEGATIONS 8. On or around February 21, 2007, Ms. Penny called Shamrock regarding available
apartments. She spoke to Defendant Kelly, who informed her that there was an apartment available. Ms. Penny visited Shamrock to view the apartment and filled out a rental application. On that same date, Defendant Kelly approved Ms. Penny’s application for her and her children to rent Unit 7. Ms. Penny did not sign a leasing agreement at this time, but was nonetheless permitted to move into her apartment about one week later. 9. On or around March 1, 2007, Defendant Kelly came to Ms. Penny’s apartment for her to sign the lease. The lease included a six-month term that was to end on August 31, 2007,
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and included a provision that upon expiration, the lease would be automatically renewed on a month-to-month basis. At the time Defendant Kelly visited Ms. Penny, M. E. was present. This was the first time Defendant Kelly saw M. E. 10. On or around March 1, 2007, Defendant Kelly made statements to a white occupant of Shamrock regarding M. E. She referred to her as a “black and white child,” and asked the white occupant to inform her if she observes any black visitors at Ms. Penny’s apartment, because she would “get her out of these apartments” or words to that effect. 11. Defendant Kelly also made statements to a tenant and a prospective tenant indicating a preference to limit the number of black tenants at Shamrock. Specifically, she stated that “she does not like renting to black people, because all they do is cause trouble, especially black men,” or words to that effect, on or around March 1, 2007. She also stated on or around January 2007, that she is “trying to weed out all of the black tenants at Shamrock to make it a better place to live,” or words to that effect. 12. On or around April 19, 2007, a friend of Ms. Penny who is black came to Ms. Penny’s apartment. The following day, she received a call from Defendant Kelly informing her that neighbors were complaining about her visitor. Defendant Kelly warned her that she was not permitted to have visitors not listed on her lease and informed her that if any other issues arose, she would be evicted. Notably, Ms. Kelly did not prohibit other tenants from having visitors not listed on their lease. 13. On or around June 23, 2007, the same black friend came to visit Ms. Penny at her apartment around 1:45 a.m. and began knocking on her door. Ms. Penny did not immediately answer the door, and the visitor called Ms. Penny’s phone to ask to to be let in which Ms. Penny did. While Ms. Penny’s friend was at the door knocking, Ms.
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Penny’s neighbors in Unit 6 overheard and observed the black visitor at her door. They called the police and the police arrived shortly thereafter. The officers asked Ms. Penny if she was safe, and when she responded that she was fine, they left her apartment. 14. Ms. Penny received a call from Defendant Kelly that same day informing her that she did not like the fact that the police were called to the property. She further stated that she was evicting her because of this incident. By contrast, when the police were called to a white couple’s apartment at Shamrock, Defendant Kelly did not threaten to evict them on this basis. 15. On June 23 later that day, Defendant Kelly served Ms. Penny with a 30-day notice to vacate the premises. An attorney acting on behalf of Ms. Penny sent a letter to Defendant Kelly challenging the notice to vacate. In response Defendant Kelly notified Ms. Penny that she could continue to reside in the apartment until her lease expired on August 31, 2007, but that her lease would not be renewed. Ms. Penny moved out of the apartment on or around September 4, 2007. 16. At the time Defendants required her to move, Ms. Penny was qualified and ready to continue renting at Shamrock. Before she was notified of the termination of her lease, she intended to continue to rent her apartment on a month-to-month basis as permitted by her lease.
HUD ADMINISTRATIVE PROCESS 17. On or around May 27, 2008, Ms. Penny filed a timely Fair Housing Complaint with the
United States Department of Housing and Urban Development (“HUD”), alleging, among other things, that Defendant Kelly had engaged in housing discrimination on the basis of race. Ms. Penny’s complaint was amended in July 2008 to add Defendant
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Case 5:10-cv-00186-DCB -JMR Document 22 Filed 05/19/11 Page 5 of 8
Richard Cowart as a respondent and in September 2010 to, among other things, add claims. 18. Pursuant to 42 U.S.C. §§3610(a) and (b), the Secretary of HUD conducted and completed an investigation of the complaint, attempted conciliation without success, and prepared a final investigative report. Based upon the information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause existed to believe that illegal discriminatory housing practices had occurred. Therefore, on September 30, 2010, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging the above-named defendants with engaging in discriminatory practices, based on race and/or color, in violation of the Fair Housing Act, 42 U.S.C. §§ 3604(a), 3604(b), and 3604(c). 19. On October 19, 2010, Defendants Richard Cowart and Janie Kelly elected to have the claims asserted in the HUD Charge resolved in a civil action pursuant to 42 U.S.C. § 3612(a). On this same date, the Administrative Law Judge issued a Notice of Election to Proceed in United States Federal District Court and terminated the administrative proceeding on Ms. Penny’s complaint. 20. Following this Notice of Election, the Secretary of HUD authorized the Attorney General to commence civil action, pursuant to 42 U.S.C. § 3612(o).
FAIR HOUSING ACT VIOLATIONS 21. Plaintiff re-alleges and incorporates by reference the allegations set forth in paragraphs 1-
16, above. 22. By the actions set forth above, Defendants have discriminated against Ms. Penny by:
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Case 5:10-cv-00186-DCB -JMR Document 22 Filed 05/19/11 Page 6 of 8

a. Making housing unavailable because of race or color, in violation of 42 U.S.C. §

3604(a);

b. Discriminating in the terms, conditions, or privileges of rental of a dwelling

because of race or color, in violation of 42 U.S.C. § 3604(b);

c. Making discriminatory statements with respect to housing because of race or

color, in violation of 42 U.S.C. § 3604(c); and

d. Coercing, intimidating, threatening, or interfering with the exercise or enjoyment

of any right granted or protected by the Fair Housing Act, in violation of 42

U.S.C. § 3617.

23. Ms. Penny and her daughter, M. E., are “aggrieved persons” within the meaning of 42

U.S.C. § 3602(i), and have suffered injuries as a result of Defendants’ discriminatory

conduct.

24. The discriminatory actions of the Defendants were intentional, willful, and taken in

disregard of the federally protected rights of Ms. Penny and her minor daughter, M. E.

PRAYER FOR RELIEF

WHEREFORE, the United States of America prays for relief as follows:

1. A declaration that the discriminatory conduct of Defendants as set forth above

violates the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.;

2. An injunction against Defendants, their agents, employees, successors, and all

other person in active concert or participation with any of them from discriminating on the basis

of race or color, in violation of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.;

3. An award of monetary damages to Ms. Penny and her daughter pursuant to 42

U.S.C. §§ 3612(o)(3) and 3613(c)(1).

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

Dated: May 11, 2011.
JOHN M. DOWDY, JR. United States Attorney
/s/ Mitzi Dease Paige MITZI DEASE PAIGE Assistant United States Attorney 188 E. Capitol Street, One Jackson Place, Suite 500 Jackson, Mississippi 39201 (601) 973-2840 (Mississippi Bar No. 6014) Mitzi.Paige@usdoj.gov

Respectfully submitted,
ERIC H. HOLDER, JR. Attorney General
/s/ Thomas E. Perez THOMAS E. PEREZ Assistant Attorney General Civil Rights Division
/s/ Steven H. Rosenbaum STEVEN H. ROSENBAUM Chief, Housing and Civil
Enforcement Section Civil Rights Division
/s/ Jessica Clarke Crockett MICHAEL S. MAURER Deputy Chief JESSICA CLARKE CROCKETT Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 305-4013 Fax: (202) 514-1116 Jessica.Clarke@usdoj.gov

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CERTIFICATE OF SERVICE I hereby certify that on May 19, 2011, I filed the foregoing document via the Court’s CM/ECF system, which shall send notice to the following counsel of record at the electronic mail addresses indicated below: Jeffrey A. Walker Alison Tasma Vance Butler, Snow, O’Mara, Stevens & Cannada, PLLC jeff.walker@butlersnow.com alison.vance@butlersnow.com R. E. Parker, Jr. Clifford C. Whitney III Penny B. Lawson Varner, Parker & Sessums, P.A. rep@vpslaw.com ccw@vpslaw.com plawson@vpslaw.com
s/ Jessica Clarke Crockett
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 Case 5:10-cv-00186-DCB -JMR Document 52 Filed 03/20/12 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT 01<' MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v.
JANIE KELLY, et at Defendants.

) ) ) ) ) Civil Action No. 5:10-cv"186 DCB-JMR ) ) ) )

CONSENT DECREE

On November 18, 2010, the United States instituted this action against Janie Kelly,

Richard Cowart and Phylis Cowart (collectively, "Defendants"), on behalf of Breezie Penny and

M. E., her minor daughter, pursuant to 42 U.S.C. § 3612(o).

This action was filed to enforce the provisions of Title VIII of the Civil Rights Act of

1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42

U.S.C. §§ 3601-3631. The United States initiated this action for conduct that occurred at

Shmnrock Apartments, which is owned by Mr. and Mrs. Cowart and mmmged by Ms. Kelly.

Specifically, the complaint alleges that Ms. Kelly, as an agent for Mr. m1d Mrs. Cowart,

terminated Ms. Penny's lease due to the race or color of her daughter, M. E., and Ms. Pem1y's

association with African Americans.

Defendants deny any violations of the Fair Housing Act.

The United States and Defendants stipulate that this Court has subject matter jurisdiction

over this action pursuant to 28 U.S.C. §§ 1331, 1345, and 42 U.S.C. 3612(o). The parties have

agreed that to avoid protracted and costly litigation, this dispute should be resolved without the

I

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necessity of further proceedings or trial. Therefore, the parties consent to the entry of this Consent Decree ("Decree"), as indicated by the signatmes appearing below.
Accordingly, it is hereby ORDERED, ADJUDGED AND AGREED as follows: I. INJUNCTIVE RELIEF
I. Defendants deny any violation of the Fair Housing Act; however, to avoid protracted and costly litigation and resolve this matter, Defendants and their agents, employees, successors, and assigns, and all those acting in concert or participation with either of them in their ownership, operation, or management of Shamrock Apartments, hereby agree to be enjoined from violating the Fair Housing Act, 42 U.S.C. §§ 3604(a)-(c) & 3617, including inter alia:
A. Making housing unavailable because of race or color; B. Discriminating in the terms, conditions, or privileges of rental of a dwelling
because of race or color; C. Making discriminatory statements with respect to housing because of race or
color; and D. Intimidating or interfering with the exercise or enjoyment of any right granted or
protected by the Fair Housing Act. II. NOTIFICATION TO PUBLIC OF NONDISCRIMINATION POLICIES 2. Within ten (1 0) days after the date of entry of this Decree, Defendants shall post and prominently display a Fair Housing Poster in any rental office where they conduct rental activity or have personal contact with applicants for rental of Shamrock Apartments. 3. Defendants shall also include the fair housing logo and the words "Equal Housing Opportunity" in all advertising conducted for Shamrock Apartments in newspapers, telephone
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directories, radio, television, the Internet or other media, and all billboards, signs, pamphlets, brochures, and other promotional literature. 4. Within thirty (30) days after the date of entry of this Decree, Defendants shall provide to all employees whose duties involve, in whole or in part, management or administration of Shamrock Apartments a written notice, conforming with Appendix A, describing their policy of nondiscrimination based on race or color. Defendants shall also post this policy in the leasing office, and shall provide a copy of the policy to any tenant or prospective tenant who requests it. The posted policy shall be on a minimum of eleven-by-seventeen (llx17) inch paper with the words "nondiscrimination policy" at the top of the page in all caps, bold typeface, and a minimum of thirty-four (34) point, Times New Roman font. The text of the policy shall also be in a minimum of twenty (22) point, Times New Roman font. Within thirty (30) days after the date of entry of this Decree, Defendants shall provide the United States a photograph of Shamrock's leasing office showing that this policy has been posted in conformance with this paragraph.
III. MANDATORY EDUCATION AND TRAINING 5. Within thirty (30) days after the date of entry of this Decree, Defendants shall provide a copy of this Decree to all agents and employees whose duties, in whole or in part, involve the management or administration of Shamrock Apartments and shall secure the signed statement from each agent or employee acknowledging that he or she has received, read and understands the Decree and nondiscrimination policy, and has had an opportunity to have questions about the Decree and nondiscrimination policy answered. This statement shall be substantially in the form of Appendix B.
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6. Each new employee or agent hired during the term of this Decree whose duties, in whole or in part, involve the management or administration of Shamrock Apartments shall be given a copy of this Decree and shall be required to sign a statement substantially in the form of Appendix B. 7. Within sixty (60) days after the date of entry of this Decree, Defendants Richard Cowart and Janie Kelly shall attend a fair housing training. The Defendants may extend this deadline, if necessary, upon the Court's approval. The training shall focus on the race-related provisions of federal, state and local fair housing laws, regulations and ordinances, and shall be conducted by a qualified individual or organization unconnected to Defendants or their counsel that has been approved in advance by the United States. If the parties are unable to reach an agreement regarding which entity or individual will provide the training, the Court will approve the training provider. Any new employees hired during the term of this decree to perform, in whole or in part, management and administrative duties similar to those performed by Janie Kelly shall likewise attend fair housing training within thirty (30) days of the start of their employment. Defendants shall bear the cost of any expenses associated with this training. Defendants shall provide the United States, within ten (10) days after the training, the name(s), address(es) and telephone number(s) of the trainer(s) and certifications executed by the trainer(s) confirming their attendance. A sample certification is attached as Appendix C.
IV. NOTIFICATION OF OTHER COMPLAINTS OF DISCRIMINATION 8. Defendants shall give counsel for the United States written notice (as provided below) within fifteen (15) days of receipt of any complaint against Shamrock, regarding discrimination on the basis of race or color, and a description of the resolution of any such complaint within
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fifteen (15) days. If the complaint is made orally, the Defendants shall request that the complaint be placed in writing. If the complaining party is unwilling to place the complaint in writing, Defendants shall create a written summary of the complaint and request that the complaining party sign the written summary. Defendants shall only provide the United States any and all written complaints or summary of complaints that are signed by the complaining party, along with a written notice. The notice shall include the summary of the complaint, including the complainant's name, address, and telephone number. Defendants shall also promptly provide the United States with all information it may request concerning any such complaint and its actual or attempted resolution.
V. RELIEF FOR BREEZIE PENNY AND HER DAUGHTER 9. Defendants will pay a total sum of Seventeen Thousand Five Hundred Dollars ($17,500) in settlement of the case, to Breezie Penny and her daughter, M.E. by one check made payable to Breezie Penny and one check made payable to Breezie Penny, as mother and natural guardian of M.E. A division of this total sum between Ms. Penny and her daughter shall be determined by the Warren County Chancery Court. Within ten (10) days after the Warren County Chancery Court issues its decision regarding the division of this sum, Defendants shall send the check(s) to Mitzi Dease Paige, Assistant United States Attorney, 501 East Court Street, Suite 4.430, Jackson, Mississippi, 39201, for her to forward to Ms. Pe1my and her daughter. Upon receipt of the check(s), the United States shall send to Defendants executed release(s) from Breezie Penny as approved by the Chancery Court of all claims, legal or equitable, that Breezie Penny and her daughter might have against Defendants relating to the claims asserted in this lawsuit (Appendix D).
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VI. DURATION OF CONSENT DECREE 10. This Decree is effective immediately upon its entry by the Court. The Court will retain jmisdiction to enforce the terms of this Decree tor a period of two (2) years after the entry of this Decree. The United States may move the Comt to extend the duration of the Decree if it detennines that any defendant has violated one or more terms of the Decree or if the interests of justice otherwise require, with notice to all parties and counsel of record. 11. The United States and Defendants shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. In the event that no resolution is reached, any party may move this Court to resolve such dispute and impose any remedy authorized by law or equity that may have been occasioned by the violation or failure to perform by the other party.
VII. TIME FOR PERFORMANCE 12. Any time limits for performance imposed by this Decree may be extended by mutual agreement of the parties.
VIII. COSTS OF LITIGATION 13. All parties shall be responsible for their own attorney's fees and costs associated with this action.
IT IS SO ORDERED. Thi1s9_tdhayof _Ma_rc_h _ _, 2012.
s/David C. Bramlette DAVID C. BRAMLETTE III UNITED STATES DISTRICT JUDGE
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The terms of this Consent Decree have been agreed to by the parties as indicated by the signatures of counsel below, and the parties request entry of this Consent Decree: FOR THE PLAINTIFF UNITED STATES OF AMERICA:

JOHN M. DOWDY, JR. United States Attorne
Assistan United States Attorney 501 East Court Street Suite 4.430 Jackson, Mississippi 39201 (601) 973-2840 (Mississippi Bar No. 6014)
~~ KELLY

THOMAS E. PEREZ
SQ H. ~{&A+-fl_+M-- c_ . ,, - Assistant Attorney General
Chief MICHAELS. MAURER Deputy Chief JESSICA CLARKE CROCKETT Trial Attorney Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, D.C. 20530 Phone: (202) 305-4013 Fax: (202) 514-1116

r, Snow, O'Mara, Stevens & Cannada, PLLC . Box 6010 Ridgeland, MS 39158-6010 Phone: (601) 948-5711
- HARD COWART AND PHYLIS COWART:
R. E. Parker, Jr. Clifford C. Whitney III Varner Parker & Sessums PA PO Box 1237 Vicksburg MS 39181-1237 Phone: (601) 638-8741
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Case 5:10-cv-00186-DCB -JMR Document 52 Filed 03/20/12 Page 8 of 15 Vicksburg, MS 39181-1237 Phone: 601-638-8741 Fax: 601-638-8666
~~
Richard Cowart
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APPENDIX A
NONDISCRIMINATION POLICY
It is the policy of Shamrock Apartments to comply with Title VIII of the Civil Rights Act or 1968 (commonly known as the Fair Housing Act) by ensuring that apartments at Shamrock Apartments are available to all persons without regard to race, color, religion, national origin, disability, familial status, or sex. This policy means, among other things, that Shamrock Apartments and all of its agents or employees with the responsibility for renting, managing or administering any dwelling nnits at Shamrock Apartments must not discriminate on the basis of race or color in any aspect of the rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from:
A. Refusing to rent after the maldng of a bona fide offer, or refusing to negotiate for the rental of, or otherwise maldng 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 sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race or color;
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, or an intention to make any such preference, limitation, or discrimination;
D. Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted by the Fair Housing Act.
Any agent or employee who fails to comply with tins nondiscrimination policy will be subject to appropriate disciplinary action. Any action taken by an agent or employee that results in the unequal service, treatment or behavior to tenants on the basis of race or color may constitute a violation of state and federal fair housing laws. Any tenant who believes that any of the above policies has been violated by any owner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or the U.S. Department of Justice at J..800-896-7743 or 202-514-4713.

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APPENDIXB

EMPLOYEE ACKNOWLEDGMENT

On

, 201_, I,

, was instructed by Richard Cowart

and/or Janie Kelly with respect to my responsibilities under the Consent Decree entered by the

U.S. District Court in United States v. Kelly, Civil No. 10-186 (S.D. Miss.) and the federal Fair

Housing Act. I was also instructed as to Richard Cowart's (or Janie Kelly's) rental policies and

procednres. I have received copies of and have read the Consent Decree and the

nondiscrimination policy (Exhibit A). I understand my legal responsibilities and will comply

with those responsibilities.

Signature

Print name

Job Title

Date

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APPENDIXC TRAINING CERTIFICATION

On

, 201_, I,

successfully

completed training on the race-related provisions of federal, state and local fair housing laws,

regulations, and ordinances.

Signature

Name

Date

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APPENDIXD FULL AND COMPLETE RELEASE WITH COVENANTS In consideration of the parties' agreement to the terms of the Consent Decree entered in United States of America versus Janie Kelly, Richard Cowart and Phyllis Cowart, Civil Action No. 5:10-cv-186 DCB-JMR (S.D. Miss.) and Defendants payment of $17,500.00, I, BREEZIE PENNY, individually and as Mother and Natural Guardian of M.E., ("Releasor"), after receiving Chancery Court approval, do hereby release, acquit, and forever covenant not to sue Janie Kelly, Richard Cowart, Phyllis Cowart, Shamrock Apartments or their successors, administrators, executors, employees, insurers, reinsurers, assigns, Lessees, Lessors, officers or agents and any and all other persons, firms or corporations liable or who might be claimed to be liable, but none of whom admit any liability (collectively,"Releasees"), for any and all claims of every kind and character, past, present or future, that Releasor might have against Releasees on account of the allegations made in the above-mentioned civil action. Releasor further agrees to release, acquit, and forever covenant not to sue Releasors for any and all resulting injuries and dan1ages, including all claims or damages of any kind, arising out of the above-mentioned civil action or claims that are resulting from that civil action and the allegations therein. Releasor understands that she and/or her child M.E. may have suffered injuries, damages or losses that are unknown at present or that may arise, develop, or be discovered in the future. Releasor acknowledges that the sums paid in consideration of this Agreement are intended to and do hereby release and discharge any claims derived through them by common law or statute and Releasor hereby waives any rights to assert in the future any claims against Releasees not now
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known or suspected that arise out of the claims asse1ied in the above-mentioned civil action, even if such claims were known, such lmowledge would materially affect the terms of this Agreement and agrees to indemnify Releasees from any future liability from any action, liability, cause of action, costs, or damages arising out of the above civil action, including attorney fees.
Releasor agrees and acknowledges that she accepts payment of this sum as a full, complete, final and binding compromise of all matters involving disputed issues of the above-mentioned civil action regardless of whether too much or too little may have been paid. Releasor further acknowledges that this payment is not to be considered admissions by Releasees of any liability or wrongdoing and that no past or present wrongdoing on the part of Releasees shall be implied by such payment. Releasees emphatically deny that they are in any way, legally or otherwise, responsible for the alleged injuries or damages to Releasor, or that any act or omission of any of them caused or contributed in any way to the alleged injuries and damages arising out of this civil action.
This Agreement contains the entire agreement between Releasor and Releasees with regard to the matters set forth herein.
Releasor hereby declares that the te1ms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise of any and all claims and allegations contained in the above-mentioned lawsuit, and for the express purpose of precluding forever any further or additional claims arising out of the allegations contained in the above-mentioned lawsuit.
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Releasor further states and declares that in making this release and agreement that she has relied wholly upon her own judgment, and receiving permission of the Chancery Court of Warren County, Mississippi and that she has not been influenced in any extent whatsoever in making this release by any representations or statements concerning the liability questions or any other matters made by the persons, firms, organizations and corporations who are hereby released, or by any person or persons representing or acting for them.
Releasor acknowledges that the sum stated herein will be paid by two (2) checks, one made payable to BREEZIE PENNY individually and the other to her daughter M.E. in an amount to be determined by the Chancery Court of Warren County, Mississippi. Upon execution of this Release and delivery of a check to Releasor, Releasees shall be fully released hereunder and have no further duties or obligations to Releasor whatsoever.
Releasor certifies that she has initialed each page of the original and two (2) copies of this document and have executed said copies in view of a notary.
Should it develop that there are any mistakes in this instrument which would cause the release of the Releasees herein to be defective or less than complete, Releasor will execute any and all instruments and do any and all things necessary to efiectuate a full, final and complete release.
WITNESS our signatures this the ___ day of _ _ _ _ __ , 2012.
BREEZIE PENNY
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STATE OF MISSISSIPPI COUNTY OF~~~~
PERSONALLY APPEARED before me, the undersigned authority in and for the jurisdiction above, the within named, BREEZIE PENNY, who, acknowledged that she signed and delivered the above and foregoing Full and Complete Release with Covenants on the day and year therein mentioned, after having been first duly authorized so to do, and for the purposes therein stated on the day above mentioned, and that the matters and facts stated therein are true and correct.
SWORN to and subscribed before me this the day of _ _ _ __ 2012.

My Commission Expires:

NOTARY PUBLIC

Jackson 7684732vl

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 Case: 5:10-cv-00186-DCB -JMR As of: 08/06/2012 01:44 PM CDT 1 of 7
CLOSED, JMR, JURY, TRIAL_SET
U.S. District Court Southern District of Mississippi (Western) CIVIL DOCKET FOR CASE #: 5:10−cv−00186−DCB −JMR

United States of America v. Kelly et al Assigned to: Honorable David C. Bramlette, III Referred to: Magistrate Judge John M. Roper Cause: 42:405 Fair Housing Act
Plaintiff United States of America

Date Filed: 11/18/2010 Date Terminated: 03/20/2012 Jury Demand: Both Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff
represented by Mitzi Dease Paige U. S. ATTORNEY'S OFFICE − Jackson 501 East Court Street Suite 4.430 Jackson, MS 39201 601/973−2840 Fax: 601/965−4409 Email: Mitzi.paige@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica Clarke Crockett U. S. DEPARTMENT OF JUSTICE − Civil Rights Division Housing &Civil Enforcement Section 1800 G Street, N. W. Suite 7002, CRT/HCE Washington, DC 20006 202/305−4013 Fax: 202/514−1116 Email: jessica.clarke@usdoj.gov ATTORNEY TO BE NOTICED

Michael S. Maurer U. S. DEPARTMENT OF JUSTICE−Housing &Civil Enforcement Sect Civil Rights Division 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, DC 20530 202/305−4013 Fax: 202/514−1116 TERMINATED: 12/07/2010

Steven H. Rosenbaum U. S. DEPARTMENT OF JUSTICE−Housing &Civil Enforcement Sect Civil Rights Division 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, DC 20530 202/305−4013 Fax: 202/514−1116 TERMINATED: 12/07/2010

Thomas E. Perez U. S. DEPARTMENT OF JUSTICE−Housing &Civil Enforcement

Case: 5:10-cv-00186-DCB -JMR As of: 08/06/2012 01:44 PM CDT 2 of 7
Sect Civil Rights Division 950 Pennsylvania Avenue NW Northwestern Building, 7th Floor Washington, DC 20530 303/406−5024 Fax: 202/514−1116 TERMINATED: 12/07/2010

V. Defendant Janie Kelly
Defendant Richard Cowart
Defendant

represented by Alison Tasma Vance BUTLER, SNOW, O'MARA, STEVENS &CANNADA − Ridgeland P. O. Box 6010 Ridgeland, MS 39158−6010 (601) 948−5711 Email: alison.vance@butlersnow.com ATTORNEY TO BE NOTICED
Jeffrey A. Walker BUTLER, SNOW, O'MARA, STEVENS &CANNADA − Ridgeland P. O. Box 6010 Ridgeland, MS 39158−6010 601/948−5711 Fax: 601/985−4500 Email: jeff.walker@butlersnow.com ATTORNEY TO BE NOTICED
R. E. Parker , Jr. VARNER, PARKER &SESSUMS P.O. Box 1237 Vicksburg, MS 39181−1237 601/638−8741 Email: rep@vpslaw.com ATTORNEY TO BE NOTICED
represented by R. E. Parker , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clifford C. Whitney , III VARNER, PARKER &SESSUMS P.O. Box 1237 Vicksburg, MS 39183−1237 601/638−8741 Fax: 601/638−8666 Email: ccw@vpslaw.com ATTORNEY TO BE NOTICED
Penny Beckwith Lawson VARNER, PARKER &SESSUMS P.O. Box 1237 Vicksburg, MS 39183−1237 601/638−8741 Email: plawson@vpslaw.com ATTORNEY TO BE NOTICED

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Phylis Cowart

represented by Clifford C. Whitney , III (See above for address) ATTORNEY TO BE NOTICED

R. E. Parker , Jr. (See above for address) ATTORNEY TO BE NOTICED

Date Filed 11/18/2010 12/01/2010 12/01/2010 12/02/2010 12/02/2010 12/06/2010 12/07/2010 01/18/2011 01/18/2011 01/19/2011 01/27/2011
02/02/2011 02/10/2011
02/17/2011 03/02/2011 03/28/2011

# Docket Text
1 COMPLAINT with JURY DEMAND against Richard Cowart, Janie Kelly, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(EJS) (Entered: 11/18/2010)
2 WAIVER OF SERVICE Returned Executed by United States of America. Richard Cowart waiver sent on 11/18/2010, answer due 1/18/2011. (Paige, Mitzi) (Entered: 12/01/2010)
3 WAIVER OF SERVICE Returned Executed by United States of America. Janie Kelly waiver sent on 11/18/2010, answer due 1/18/2011. (Paige, Mitzi) (Entered: 12/01/2010)
DOCKET ANNOTATION as to 2 − Incorrect document attached. Attorney is directed to refile and attach the correct pdf document. (PKM) (Entered: 12/02/2010)
4 ATTACHMENT re 2 Waiver of Service Executed as to Richard Cowart by United States of America (Paige, Mitzi) (Entered: 12/02/2010)
5 Letter from Attorney Mitzi Dease Paige. (PKM) Modified on 12/7/2010 to show correct date filed (PKM). (Entered: 12/07/2010)
DOCKET ANNOTATION as to 5 : Clerk's office has modified entry to refllect correct date filed. (PKM) (Entered: 12/07/2010)
6 ANSWER to 1 Complaint and Defenses by Janie Kelly.(Walker, Jeffrey) (Entered: 01/18/2011)
7 MOTION for Extension of Time to File Answer re 1 Complaint by Richard Cowart (Attachments: # 1 Exhibit Agreed Order Granting Motion)(Parker, R.) (Entered: 01/18/2011)
8 NOTICE of Appearance by Alison Tasma Vance on behalf of Janie Kelly (Vance, Alison) (Entered: 01/19/2011)
TEXT ORDER ONLY granting 7 Motion for Extension of Time to Answer Richard Cowart answer due 2/1/2011.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 27,2011 (Nicaud, Jenny) (Entered: 01/27/2011)
9 ANSWER to Complaint and Affirmative Defenses of Defendant, by Richard Cowart.(Whitney, Clifford) (Entered: 02/02/2011)
10 Rule 16(a) Initial Order. Telephonic Case Management Conference set for 3/31/2011 02:15 PM before Magistrate Judge John M. Roper. Plaintiff to initiate the conference call (228) 563−1779. Confidential case memoranda to be submitted to Judge Roper at 2012 15th Street, Suite 870, Gulfport, MS 39501 or by email at Roper_Chambers@mssd.uscourts.gov on or before March 23, 2011. Please submit by email if possible. (Regenold, Sheryal) (Entered: 02/10/2011)
11 NOTICE of Service of Pre−Discovery Disclosure by Richard Cowart (Lawson, Penny) (Entered: 02/17/2011)
12 NOTICE of Service of Pre−Discovery Disclosure by United States of America (Crockett, Jessica) (Entered: 03/02/2011)
13 NOTICE of Service of Defendant Janie Kelly's Initial Disclosure by Janie Kelly (Vance, Alison) (Entered: 03/28/2011)

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04/08/2011 04/08/2011 04/11/2011 04/13/2011 04/14/2011 05/09/2011 05/10/2011
05/10/2011 05/11/2011 05/11/2011 05/17/2011
05/17/2011 05/19/2011 05/24/2011

14 MOTION for Entry of United States' Proposed Case Management Order by United States of America (Crockett, Jessica) (Entered: 04/08/2011)
15 MEMORANDUM in Support re 14 MOTION for Entry of United States' Proposed Case Management Order filed by United States of America (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Crockett, Jessica) (Entered: 04/08/2011)
DOCKET ANNOTATION as to # 15 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (PKM) (Entered: 04/11/2011)
16 RESPONSE to Motion re 14 MOTION for Entry of United States' Proposed Case Management Order filed by Janie Kelly (Vance, Alison) (Entered: 04/13/2011)
17 Joinder in Document by Richard Cowart to 16 Response to Motion filed by Janie Kelly (Lawson, Penny) (Entered: 04/14/2011)
18 First NOTICE of Service of Document Requests and Interrogatories by Richard Cowart (Whitney, Clifford) (Entered: 05/09/2011)
DOCKET ANNOTATION as to 18 : This document notices service of multiple forms of discovery. Each event should be separately docketed. The same PDF document may be used for all entries. Attorney is advised to docket additional events as needed. These events are found in the electronic docketing system under Discovery Documents. (PKM) (Entered: 05/10/2011)
19 First NOTICE of Service of First Request for Production by Richard Cowart (Whitney, Clifford) (Entered: 05/10/2011)
20 MOTION for Leave to File First Amended Complaint by United States of America (Attachments: # 1 Exhibit A: Proposed First Amended Complaint)(Crockett, Jessica) (Entered: 05/11/2011)
21 MEMORANDUM IN SUPPORT re 20 MOTION for Leave to File First Amended Complaint filed by United States of America (Crockett, Jessica) (Entered: 05/11/2011)
TEXT ORDER ONLY granting as unopposed 14 Motion for Entry of CMC Order to provide that Breezie Penny not execute a waiver of medical privilege or submit to a Rule 35 medical examination on the condition that Ms. Penny is not claiming damages for any medical treatment as a result of the incident alleged nor is she claiming damages for any medically diagnosed injury as the result of the incident alleged. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on May 17,2011 (Nicaud, Jenny) (Entered: 05/17/2011)
TEXT ORDER ONLY granting 20 Motion for Leave to File Amended Complaint as timely. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on May 17,2011 (Nicaud, Jenny) (Entered: 05/17/2011)
22 AMENDED COMPLAINT against Richard Cowart, Janie Kelly, Phylis Cowart, filed by United States of America.(Crockett, Jessica) (Entered: 05/19/2011)
23 CASE MANAGEMENT ORDER. Motions for Amended Pleadings due by 6/2/2011. Motions for Joinder of Parties due by 6/2/2011. Designate Experts Plaintiff Deadline due by 11/1/2011. Designate Experts for Defendant Deadline due by 12/1/2011. Discovery due by 2/2/2012. Motions due by 2/15/2012. Settlement Conference set for 1/12/2012 09:30 AM before Magistrate Judge John M. Roper in Natchez. Local counsel, lead trial counsel and all clients with full and final settlement authority MUST be present. Parties must submit a three page settlement memoranda which will include the parties settlement position, all prior mediation attempts and the final settlement position of the parties, to Judge Roper at roper_chambers@mssd.uscourts.gov no later than 1/5/2012. Pretrial Conference set for 5/15−17/2012 before Magistrate Judge John M. Roper in Natchez. Jury Trial set for a calendar beginning 6/4/2012 before Honorable David C. Bramlette

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05/25/2011 05/25/2011 06/03/2011 06/07/2011 06/07/2011 07/01/2011 07/01/2011 07/14/2011
07/15/2011 07/15/2011 08/03/2011
08/12/2011 08/12/2011 08/31/2011 08/31/2011 09/01/2011
09/01/2011 09/01/2011 09/16/2011

III. Signed by Magistrate Judge John M. Roper on 5/24/2011 (Regenold, Sheryal) (Entered: 05/24/2011)
24 ANSWER to 22 Amended Complaint by Janie Kelly.(Vance, Alison) (Entered: 05/25/2011)
25 ANSWER to 22 Amended Complaint by Richard Cowart.(Whitney, Clifford) (Entered: 05/25/2011)
26 Affirmative Defenses and ANSWER to 22 Amended Complaint by Phylis Cowart.(Whitney, Clifford) (Entered: 06/03/2011)
27 NOTICE of Service of Response to Interrogatories by United States of America (Crockett, Jessica) (Entered: 06/07/2011)
28 NOTICE of Service of Response to Request for Production by United States of America (Crockett, Jessica) (Entered: 06/07/2011)
29 NOTICE of Service of First Set of Interrogatories by United States of America (Crockett, Jessica) (Entered: 07/01/2011)
30 NOTICE of Service of First Set of Request for Production by United States of America (Crockett, Jessica) (Entered: 07/01/2011)
31 WAIVER OF SERVICE Returned Executed by United States of America. Phylis Cowart waiver sent on 5/31/2010, answer due 7/30/2010. (Paige, Mitzi) (Entered: 07/14/2011)
32 Subpoena Returned Executed as to Breezie Penny. (Whitney, Clifford) (Entered: 07/15/2011)
33 Subpoena Returned Executed as to Naima Hull. (Whitney, Clifford) (Entered: 07/15/2011)
34 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents to Defendant Janie Kelly by Janie Kelly (Vance, Alison) (Entered: 08/03/2011)
35 NOTICE of Service of Response to Interrogatories by Janie Kelly (Vance, Alison) (Entered: 08/12/2011)
36 NOTICE of Service of Response to Request for Production by Janie Kelly (Vance, Alison) (Entered: 08/12/2011)
37 NOTICE of Service of Response to Interrogatories by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 08/31/2011)
38 NOTICE of Service of Response to Request for Production by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 08/31/2011)
DOCKET ANNOTATION as to 37 and 38 : These documents are not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document(s). (PKM) (Entered: 09/01/2011)
39 CERTIFICATE OF SERVICE by Phylis Cowart, Richard Cowart re 37 Notice of Service of Response to Interrogatories (Whitney, Clifford) (Entered: 09/01/2011)
40 CERTIFICATE OF SERVICE by Phylis Cowart, Richard Cowart re 38 Notice of Service of Response to Production (Whitney, Clifford) (Entered: 09/01/2011)
TEXT ORDER ONLY granting 34 as unopposed Motion for Extension of Time to File Response/Reply. Defendant has already replied to propounded discovery. The Court deems those responses were timely. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on September 16,2011 (Nicaud, Jenny) (Entered: 09/16/2011)

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10/20/2011 10/25/2011 11/22/2011 12/20/2011 12/27/2011 12/27/2011 12/27/2011 12/27/2011 12/28/2011 01/05/2012 01/09/2012
01/09/2012 01/09/2012
01/09/2012
01/09/2012
01/13/2012

41 NOTICE of Service of Amended Response to Request for Production by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 10/20/2011)
42 NOTICE of Service of Amendment to Response to Interrogatories by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 10/25/2011)
43 NOTICE of Service of Supplemental Response to Interrogatories by Janie Kelly (Vance, Alison) (Entered: 11/22/2011)
44 Joint MOTION for Extension of Time to Complete Discovery by United States of America (Crockett, Jessica) (Entered: 12/20/2011)
45 NOTICE of Service of Supplemental Initial Disclosure by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)
46 NOTICE of Service of Request for Admissions by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)
47 NOTICE of Service of First Set of Interrogatories by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)
48 NOTICE of Service of First Set of Request for Production by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)
49 NOTICE of Service of Supplemental Interrogatories by United States of America (Crockett, Jessica) (Entered: 12/28/2011)
50 Unopposed MOTION Excuse Deputy Chief from Settlement Conference by United States of America (Crockett, Jessica) (Entered: 01/05/2012)
TEXT ORDER ONLY granting as unopposed 50 Motion to Excuse Deputy Chief from Conference. The Court finds pursuant to Rule 16(g)(2)( A) of the Uniform Local Rules that Michael Maurer may be excused from attending the conference in person but he must be available at all times by telephone. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny) (Entered: 01/09/2012)
51 Unopposed MOTION Excuse Gerald Paladin from Attending Settlement Conference by Phylis Cowart, Richard Cowart, Janie Kelly (Parker, R.) (Entered: 01/09/2012)
TEXT ORDER ONLY granting as unopposed 51 Motion to Excuse Gerald Paladin. The Court finds pursuant to Rule 16(g)(2)( A) of the Uniform Local Rules that Gerald Paladin may be excused from attending the conference in person but he must be available at all times by telephone. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny) (Entered: 01/09/2012)
TEXT ORDER ONLY granting as unopposed 44 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended to March 2,2012. The motion deadline is extended to March 15,2012. The pre−trial conference is extended to July 24−26,2012. The trial is continued to a three week calendar beginning August 6,2012. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny) (Entered: 01/09/2012)
Set/Reset Deadlines: ( Discovery due by 3/2/2012, Motions due by 3/15/2012 ), Set/Reset Hearings:( Jury Trial set for a three week calendar beginning 8/6/2012 09:00 AM before Honorable David C. Bramlette III, Pretrial Conference set for 7/24−26/2012 before Magistrate Judge John M. Roper in Natchez,Ms. (Nicaud, Jenny) (Entered: 01/09/2012)
Minute Entry for proceedings held before Magistrate Judge John M. Roper: Settlement Conference held on 1/13/2012. Settlement was reached subject to Chancery Court approval. The Court finds that the Government must exchange any proposed update to be issued on the DOJ website with opposing parties prior to posting and if there is opposition to the proposed summary update, the Government must receive Court approval prior to any posting. (Nicaud, Jenny) (Entered: 01/13/2012)

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03/20/2012

52 CONSENT DECREE Signed by Honorable David C. Bramlette, III on 3/19/12 (PKM) (Entered: 03/20/2012)