Case·1 :09-cv-07338 Document 1 Filed 11 f23f200S Page 1 of 10

IN TUB UNITED STATES DISTRICT COURT FOR THE 
 NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 


UNITED STATES OF AMERICA, Plaintiff,
TERENCE FLl\NAGAN, Defendant.

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·No.

O~ c.. 7338

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)

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The United States ·of America alleges: 1. This actien is brought by.the United States to ·enforce
the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, 
 ("Fair Housing Act"), 42 U.S.C. §§3601 ~ seq. 

2. This Court has jurisdiction over this action pursuant to 
 28 U.S.C. 551331 and 1345 and 42 U.S.C. §3614 (a) . 

3. Venue is proper under 28 U.S.C. §1391 (b) . The acts 
 complained of herein occurred in the Northern District of 
 Illinois and concern or otherwise relate to persons residing in 
 and real property lo~ated in the Northern District of Illinois . 
 ..- _._...... _._ .. --4-. -... Defendant· .Terence -Fj:-<ulagan-res:ides·· in· thlf ·Northern - _._- -_. - ....._....... _-­ District of Illinois. At· all times relevant to this action, he has been the .beneficial owner of a single-family house located at 14412 South Highland in Orland Park, Illinois, that has been made available for rent.

Case '1 :09-cv-07338 Document 1 Filed 11/23/2009 Page 2 of 10

5. The single-family houl!e located at 14412 South Highland

in Orland Park, Illinois, ("the Orland Park heuseN) is a dwelling.

within the meaning of the Fair Housing Act, 42 U.S.C. §3602(b).

6. Defendant Terence Flanagan also owns, or acts as the

agent of the owners of, multiple other reBidential rental

p;roperties located in the Northern District of Illinois that are

dwellings within the meaning of the Fair Housing Act.
".
7. On or about July 27, 2009, Kamal Alex Majiedcalled the

telephone. number

listed

ina

newlj.paper

advertisement

that ,

offered

for rent a single-family house located at l4412 South Highland in

Orlaiui Park, Illinois, confirmed that the house was a,}ailable for

rent, . and made an appointment to'see it on .July 28, 2009.

8. On or about JUly 2B, 2009" Mr. Majied, who is African-

American, and his wife met Mr. Flanagan outside the Orland Park

house, where he was speaking with a white man. He invited them

to inspect the house on their own. Mr. Flanagan later came

inside and informed them that he had already rented the house.to

the white man he had been speaking'to when they arrived. The

Majieds·asked if he had any other properties. Mr. Flanagan

• _ . _ ••••~__ • • • _ ••• ~ •••_ ._.•••• ' •• u

• _ _ _ " , ., • • • • • • • , . _ _ _ _ • _ ••' • • , _ _ _ , __ ,,_, . , _ ,• • • • • • _ . _ • _ _ . ' _ _ _ _ _ . , _ . _ • • • • _ _ . _ . ___ ••••• _ _ _ ~ •• _ _ _ •• _ • _ _ _ _ _ _ _ _ _• • _ .

replied that he had another one, but that that he did not think

it would work f,or them.

9., on or about July 29, 200$, Mrs. Majied called the

telephone number listed in the newspaper advertisement for the

Orland park house. Without identifYing.herself, Mrs. Majied

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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 3 of,1 0

asked the man who answered the telephone whether the house was

still available for rent. The man told her that it was, and she

made an appointment to see the Orland Park house later that day.

She did not keep that appointment.

,10. Later that same day, the Majiedscontacted the South

Suburban Housing Center to submit a cO!l1Plaint that Mr. Flanagan

had illegally discriminated against them in connection with th!!ir

'attempt to rent the Orland Park house.

11. The South Suburban Housing Center ("SSHC") is an

Illinois nonprofit co.rporCltion Iodated in Homewood, Illinois,

that provides a range of fair housing services in the Chicago

metropolitan area to identify barriers, to fair housing, to 'counteract and eliminate dis"Criminatory ho~sing practices, and to

protect the rights of its constituents to enjoy the benefits of

living in an integrated conimunity, ' Its actiVities to promote

equal opportunity in housing include counseling and referral of

home seekers and educational programs directed CIt both housing

providers and home seekers. ,SSHC diverted resources from its

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respect to the Maj ieds' housing discrimination complaint against

defendant Terence Flanagan.

12. On or about July 30, 2009, SSHC had a female African­

American fair housing tester call the te'lephone number listed in

the advertisement for the Orland Park house. Nobody answered the

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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 4 of 10
telephone, so she left a message, including her telephone number. To date, she has not received a return call.
13. on July 31, 2009, SSHe had a white female fair hOUSing tester call the telephone number listed in the advertisement for the Orland Park house. She spoke with Terence ~lanagan, who sta.ted that the house was available. for rent, and they made an appointment to meet at the Orland Park house later that afternoon.
14. During the course of the white female tester'S conversation with Mr. Flanagan at the Orland Park house on July 3~, he stated that he had received many telephone calls about the house, most of them from black persons. He asked whether the tester's husband.was black, and, after she responded no, he related problems he .had had when he had unknowingly rented the house previously to an interracial couple. MX. Flanagan also made various statements that expressed his preference or intention not to rent the Orland Park house to African-American tenants.
15; The white SSHe tester asked Mr. Flanagan if he had any other properties that he rented. 'He replied that he had apartments in Wrigleyville and a house like a duplex in Joliet.
16. On August 7, 2009, the United States Department of Justice conducted a fair housing test at the Orland Park house to evaluate the Defendant Terence Flanagan's compliance with the
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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 5 of 10

Fair Housing Act. A white female tester made an appointment by

telephone with Mr. Flanagan to see the ~ouse, and met him there

later that day. Mr. Flanagan asked the tester whether her

husband was black before he showed her the house, and he related

problems tha~ he had had when he had unknowingly rented the house

several years ,before to an inte=acial couple. Mr. Flanagan also

made several statements .that 'expressed his preference or intent

not to rent the Qrland Park house to African-American tenants.

Mr. Flanagan offered to rent the house to the white tester for an

amount lower than advertised because of her race. Near the end

of their conversation,Mr. Flanagan stated that he handled some

96 units, primarily in the Wrigley and Lincoln Park areas of

Chicago.

17. Mr. Flanagan told the white testers for both the BSHC

and the United States that he had previously rejected an offer to

rent the Orland Park house from an Afric.an-American man wha had

.offered to rent the house at the advertised price and pay a full

year's rent in advance.

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testing undertaken by the United States and the SSHe revealed

that the Defendant Terence Flanagan bas engaged, and cantinues to

-engage, in hausing practices that discriminate on the basis .of

raCe ar-calar,_ including:

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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 6 of 10
a. Refusing to negotiate, in person or by telephene, fer the rental of or 'Otherwise making unavailable 'dwellings to persens whe are, or who he believes to be, African-American; b. Denying the availability of dwellings for rent or inspect·ion to African-American persons while at the same time telling white persons, Iib,eut dwellings available to rent or inspect; c. Offering dwel:lings, for 'rent at different rates based 'on the race or celer of the prospective applicant; and d. Making statements that express his intent 'Or preference net te rent dwellings to African-Americans. 19. The cenduct 'Of the Defendant described above censtitutes. a. A refusal to negotiate- for the rental of, 'Or otherwise making unavailable 'Or denying dwellings te persens because
of race or celer, in vielation of 42 U.S.C. §3604(a);
h. Discriminatien against persons in the terms, cenditiens 'Or privileges 'Of rental, or in the proviSion 'Of services in ccnnecti'On therewith, because 'Of race 'Or coler, in violation 'Of 42 U.S'.C. §3604(b);' c. The'making 'Of statements with respect to the rental 'Of a dwelling that indicate a preference, limitation" 'Or discriminatien based 'On race or cclcr 'Or an intent to make,
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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 7 of 10

such a preference, limitation, or discrimination, in

violation of 4.2 U.S.C. §3604(C); and

d. A representation to persons because of race or color

that dwellings are not available for inspectiop. or rental

when such dwellings are in fact so available, in violation

of 42 U.S.C. §3604(d).

20 . The conduct of the Defendant deS'eribed above

constitutes:

a. A pattern or practic;e of resistance to the full

enjoyment of rights granted by the Fair Housing Act, 42

U.S.C. §§3601.@t, ~I and

b. A denial to a group of persons of rights granted by the

Fair Housing Act, 42 U.S.C. 5§3601 ~~, which

denial raises an is.sue of ·general public importance.

21. Kamal Alex Majied is an aggrieved person as defined in

42 U.S.C. 53602(i). He has suffered injuries and damages as a

result of the Defendant's unlawful conduct described above.

22. SSa:C is an aggrieved person aa defined in 42 U.S.C.

'0__

"

13602 (i) . The organization has suffered injury and damages,

_~_ • • _ . _ . , . , , _ • • _

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including the diversion of its resources from it·s counseling,

referral, educational,' and other ,programs, as a result of the

Defendant's unlawful conduct' described above.

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Case 1:09-cv-07338 Document 1 Filed 11/23/2009 Page 8 of 10

23. Th~re may be ot~r persons who hav~ b~en th~ victims of

discriminatory housing practic~s engaged in by th~ Def~ndant.

Such persons are aggrieved p~rsone as defined in 42 U.S.C.

§3602(i), and may have suffer~d injuries as a r~sult of the

~f~ndant's unlawful conduct ~scribed above.

24. Th~ Defendant's conduct described above was

intentional, willful, and taken in disregard of the rights of .

others.

WHEREFORE, the Unifed States prays that the .Court ~nt~r an

ord~r that:

1. Declares that the Defendant's polioies and practices, as

alleged herein, violate.th~ Fair Housing Act;

2. Enjoins the· Def~dant and all other persons in active

concert or participation with him, from:

a. discriminating against any person on the basis·of

race or color in any aspect of the sale or rental of a

dwelling;

b. failing or refusing to notify the public that

dwellings owned, operated, Or managed by the Defendant

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are available to all persons on a nondiscriminatory

basis;

c·. making or publishing any notice, statement, or

advertisement with respect to the sale or rental of a

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Case-1 :09-cv-07338 Document 1 Filed 11/23/2009 Page 9 of 10

dwelling that indicates any preference, limitation, or

discrimination based on race or color, or an intention

to make ,

any such Prefe.rence,

limitation,

or

discrimination; and

d.. failing or refusing to take such affirmative steps

as may be nece,ssary to restore, as nearly as

practicable, the victims of the Defendant's unlawful

practices to the position they would have been in but

for the discriminatory conduct;

3 . Awards monetary damages to all persons aggrieved by the

Defendant's discriminatory practices, pursuant to 42 U.S.C.

'S3614 Id) II) (B); and

"4. Assesses a civil. pen,alty 'ag,ainst the Defendant in the

amount authorized b.y 42 U.S.C. §3614(d){1) (c), as amended, to

vindicate the public interest.

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Case f09-cv~07338 Document 1 Filed 1112312009 Page 10 of 10

The United States further prayS for such additional relief
as the interests of justice may require.
ERIC H. HOLDER, JR. Attorney General

PATRICK FITZGERALD united States Attorney

LASER
ex JOHNSON
sistant U.S. Attorneys 219 South Dearborn Street Chicago, IL 60604 Phone: (312) 353-1857 phone: (312) 353-5327
Fax: (312) 886-4073
joan.laser@usdoj .gov patrick.johnson@ysdoi.gov

STEVEN H. ROSENBAUM Chief, Housing and Civi!
E.nforcement' Section Civil Rights Divis,ion
J. MO Deputy Chief BURTIS M. DOUGHERTY Attorney Housing and Civil Enforcement
Se.ction Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Northwestern Building Washington, D.C. 20530 --- - - "Phone-:-- -(-202-)- 514:-4-73'1'- --,- -,-­ Fax: (202) 514-1116
Burtis.m.doughert~sdoj.gov , (

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 Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 1 of 12 PageID #:96

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHER.t~ DISTRICT OF ILLINOIS EASTERN DIVISION

KAMAL ALEX MAJIED, et .al...
Plaintiffs,
v.
TERRENCE J. FLANAGAN, . Defendant.

)

)

)

)

)

)

1;09-cv-0520 1

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)

)

UNITED STATES OF AMERICA, Plaintiff,
v.
TERENCE FLANAGAN, Defendant.

)

)

)

)

)

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1 :09-cv-07338

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CONSENT ORDER L INTRODUCTION 1. The plaintiffs Kamal Alex Majied and the South Suburban Housing Center (SSHC) filed No. 1:09-cv-0521 alleging that the defendants refused to rent, refused to negotiate for the rental of, misrepresented the availability of, and expressed a discriminatory preference with regard to the rental of a single-family home located at 14412 Highland Avenue, Orland Park, IIlinois because of Mr. Majied's race. They asserted that these actions violated the Fair Housing

Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 2 of 12 PageID #:97
Act, 42 US.C. §§ 3601 - 3619, and the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982. The plaintiffs sought injWtctive relief and actual and punitive damages.
2. The United States filed No. 1:09-cv-07338 to enforce the provisions of the Fair Housing Act, 42 U.S.C. §§ 3601 -3619. The United States' complaint alleged that Defendant Terence Flanagan has engaged in a pattern or practice of discrimination on the basis of race or color and/or a denial of rights to a group of persons that raises an issue of public importance, in violation of42 U .S.C . § 3614(a)-(d), in the rental of dwelling units that the Defendant claimed to own and/or manage in the Chicago metropolitan area.
3 . The private plaintiffs' complaint alleged that on or about July 28, 2009, Mr. Majied and his wife went to the Orland Park house in response to a newspaper advertisement, met Defendant Flanagan there, and Mr. Flanagan told them that he had just rented the house. Their complaint further alleges that Mr. Majied's wife, who is Caucasian, telephoned the next day, was informed that the house remained available for rent, and made an appointment to see it, an appointment she did not keep.
4 . After being contacted by the Majieds, the SSHC sent a white tester who met with Mr. Flanagan at the Orland Park house on July 31, 2009. During their conversation, Mr. Flanagan asked if her husband were black, said that he had had problems with a previous rental of the house to a mixed-race family, and stated that blacks did not belong in Orland Park and were not going to live in his house, or words to that effect
5. The United States subsequently had a white tester meet with Mr. Flanagan at the
Orland Park house on August 7, 2009, after confirming that it remained available for rent. Their conversation was digitally recorded by the tester. Before he showed this tester his house, Mr.
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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 3 of 12 PageID #:98
Flanagan asked the tester if her husband were black. and then recounted that his neighbors had
been upset when he had previously rented the house to a mixed-race family. Mr. Flanagan also
told the tester that blacks had been "trying to break the color barrier'' in this area of Orland Park for "something like eight years" and he was not going to be "the first one to do it." Finally, Mr. Flanagan told the white tester that he would rent the house to her for $100 less than the advertised rate because "you're not black. that's the reason you're getting that."
ll. ADMISSION OF LIABU..ITYAND CONSENT TO ENTRY OF ORDER 6. Defendant Terence Flanagan admits that he made the statements set forth in Paragraphs 4 and 5. 7. The Majied Plaintiffs, the United States, and Defendant Terence Flanagan have agreed that to avoid protracted and costly litigation, these lawsuits should be resolved without a trial . The parties have further agreed that because both lawsuits arise out ofthe same factual circumstances, they should be consolidated and resolved jointly. Therefore, the parties consent to the entry ofthis Consent Order, as shown by the signatures below. ACCORDINGLY, It is hereby ADJUDGED, ORDERED and DECREED:
DI. GENERAL INJUNCTION 8. These two lawsuits, Nos. 1:09-cv..05201 and 1:09-cv-07338, are consolidated for all purposes before this Court. 9. Defendant Terence Flanagan, and all other persons in active concert or participation with him, are enjoined, with respect to the rental or sale of dwellings, 1 from :
I The tenn "dweJlings" has the meaning set out i-n>th-e Fair Housing Act, 42 U.S.C. §3602{b).

Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 4 of 12 PageID #:99

a

Refusing to rent or sell a dwe1ling, refusing or 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 co1or;

b.

Discriminating against any person in the terms, conditions, or privileges of the

rental or sale of a dwelling, or in the provision ofservices or facilities in

connection therewith, because ofrace or color;

c.

Making any statement, oral or written, in connection with the rental or sale of a

dwelling, that expresses or indicates any preference, limitation, or discrimination,

or an intent to make any such preference, limitation, or discrimination, on the

basis ofrace 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.

10. The provisions ofParagraph 9 apply to: (a) all residential dwellings offered for rent or sale in which Defendant has, or in the future acquires, any ownership or management interest;
and (b) any dwelling from which Defendant is to receive any portion of the proceeds of the sale

or rental thereof. 11. The affinnative injunctive provisions of this Orrler set out below shall be in effect for

a period of five (5) years, unless extended pursuant to the provisions ofParagraph 20 below. 12. The Defendant shall also be enjoined, for the duration ofthis Order, from personally
renting, managing, or showing for rent, any dwelling. If, during the duration of this Order, the
Defendant chooses to offer for rent any dwelling(s} in which he has an ownership interest, the -4-

Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 5 of 12 PageID #:100

Defendant shall use the services ofa third party, who shall be approved in advance by the United States, to show, rent, or manage the dwelling(s) on his behalf.
Iv. CREATIONAND PUBLICATION OF NON-DISCRIMINATION POLICY 13. Within five (5) days of the entl)' ofthis Consent Order, Defendant shall distribute a
copy ofthis Order to each person or entity, if any, who manages or operates any dwe11ing for him
or on his behalfas well as any person or entity who has any involvement in or responsibility for
showing. renting, or selling any dwelling for him or on his behalf At the same time, Defendant shall distribute to each such person or entity a copy of the nondiscriminatory rental and sale policy attached as Exhibit A hereto. Defendant shall also, within thirty (30) days of entry of this Consent Order, provide a Jist of the names and addresses of all persons or entities to whom he provided these documents to counsel for the United States.2 If, at any point during the duration ofthis Order, any additional person(s) or entities begin managing, renting, or operating any dwelling on behalfof the Defendant, the Defendant shall provide a copy of this Order and Exhibit A to such person or entity within five (5) days ofsuch person or entity's beginning to act on the Defendant's behalf
14. Within thirty (30) days of the date of entry ofthis Consent Order, Defendant shall deliver to counsel for the United States a report that shan include the following infonnation: (a)
an the names of entities or persons, if any, who manage, operate, show, rent, or sell any

'l AIJ documents or other communications required by this Consent Order to be sent to counsel

for the United States shall be sent by commercial (non-USPS) overnight delivery service

addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division,

United States Department of Justice, 1800 G Street N.W., Suite 7002, Washington, D.C. 20006,

Attn: DJ 175-23-799, or as otherwise directed by the United States. Facsimile transmissions

shall be sent to (202) 514-1116.

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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 6 of 12 PageID #:101

dweiHng(s) on his behalf; (b) a statement affinning, under penalty ofpeljury, that the Defendant

bas shared a copy of this Consent Order and a copy ofExhibitA with each of those entities or

persons. Defendant shall also require such entities or persons to provide the names, addresses,

and telephone numbers of all persons who rented or inquired about renting any dwelling in which the Defendant had an ownership interest during the preceding reporting period and shall

include this information in each report. Defendant shall submit reports encompassing the same

infonnation on the first, second, third, and fourth anniversaries of the Consent Order and sixty

(60) days before its scheduled expiration. In the event that Defendant elects not to offer to rent

any dwelling during the duration ofthis Order, he shall report that fact to the United States on

those dates.

15. During the term of this Order, Defendant and any third party selected to rent

dwellings on his behalf shall preserve all records that are the source of, contain, or relate to any

ofthe infonnation pertinent to his obligations under this Order. Upon reasonable notice to

counsel for Defendant, representatives ofthe United States shall be permitted to inspect and copy

all such records at any and all reasonable times or, upon request by the United States, Defendant

shall provide copies of such documents to it

V. MONETARY RELIEF

16.

Within

thirty

(30)

days

of

entry

of this

Order,

or

by

December

31

5 \

20l 0, whichever

occurs first, Defendant shall pay to PlaintiffKemal Alex Majied the sum of fifteen thousand

dollars and no cents ($15,000.00). In addition, within thirty (30) days of the entry of this Order,

Defendant shalt pay the sum of fifteen thousand dollars and no cents ($15,000.00) to Plaintiff

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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 7 of 12 PageID #:102
South Subutban Housing Center. These payments shall be delivered to the plaintiffs only upon execution of a Release of all claims against Defendant.
J7. Withjn thirty (30) days of enuy of this Order, the Defendant shall pay a total of five thousand dollars ($5,000.00) to the United States as a civil penalty, pursuant to 42 U.S.C. § 3614(d)(l)(C). This payment shall be delivered to counsel for the United States in the form of a cashier's check payable to the "United States Treasury."
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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 8 of 12 PageID #:103
VI. COMPLIANCE WITH CONSENT ORDER
18. The United States and the SSHC may take steps to monitor the Defendant's compliance with this Consent Order including, but not limited to, conducting fair housing tests at any property of the Defendant's which may be available for rent
19. By agreeing to entry of this Consent Order, the United States and the Defendant agree that in the event Defendant engages in any future violation(s) of the Fair Housing Act, such violation(s) shaH constitute a "subsequent violation" pursuant to 42 U.S.C. § 361 4(d)(1) (C)(ii). This provision applies to any future violation, whether resolved voluntarily or through judicial proceedings.
20. The Court shall retain jurisdiction for the duration of this Consent Order to enforce its terms, after which time the case shall be dismissed with prejudice. The United States may move the Court to extend the duration ofthe Consent Order in the event of noncompliance, whether intentional or not, with any of its tenns or ifit believes the interests ofjustice so require.
21. In the event that the Defendant and/or his designee fails to tirnely make any of the payments required pursuant to Paragraphs 16 and 17 of this Order, then within fourteen (14) days thereafter, the private plaintiffs or the United States may elect to declare the within Decree null and void and the parties shall be returned to the litigation status they were in prior to the entry of this Order. Alternatively, any of the plaintiffs may seek any other remedy available under the
law for this breach of the Order.
22. The parti-es shall endeavor in good faith to resolve informally any differences regarding interpretation ofand compliance with this Consent Order prior to bringing such
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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 9 of 12 PageID #:104

matters to the Court for resolution. However, in the event the United States contends that there has been a failure by Defendant, whether willful or otherwise, to perform in a timely manner any act required by this Consent Order or otherwise to act in conformance with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been perfonned, and an award ofany damages, costs, and reasonable attorneys' fees which may have been occasioned by the violation or failure to perfonn.
vn TUWEFORPERFO~CE
23 . Any time limits for perfonnance imposed by this Order may be extended by mutual written agreement of the parties. The other provisions of this Order may be modified by written agreement of the parties or by motion to the Court. Ifthe modification is by written agreement ofthe parties, then such modification wiH be effective upon filing ofthe written agreement with the Court, and shaH remain in effect for the duration of the Order or until such time as the Court
indicates through written order that it has not approved the modification.
24. Each party shall bear its own costs and attorneys' fees.

qp, '"ZJ q 11' IS SO ORDEIU:D this / f.-1i day of 1\t~l{,j

I

(}

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Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 10 of 12 PageID #:105

By their signatures below, the parties consent to the entry of this Order. For the United States:

PATRICK J. FITZGERALD United States Attorney
p~~~
Assistant United States Attorney 219 South Dearborn Street
Chicago, IL 60604 Phone: (312) 353-1857
Fax: (312) 886-4073
For Defendant:

TIIOMASE. PERFZ Assistant Attorney General Civil Rights Division

C ) OSENBAUM

Chief

~

TIMOTHY J. MORAN

Deputy Chief

BURTIS M. DOUGHERTY

SEAN R. KEVENEY

Trial Attorneys

Housing and Civil Enforcement Section

Civil Rights Division

U. S. Depan~nentofJustice

950 Pennsylvania Avenue, N.W.

Northwestern Building, 71h Floor

Washington, D.C. 20530

Phone: (202) 514-4737

Fax: (202) 514-1116

. Burtis.m.dougherty@usdoj .gov

COTT ARTHUR, Esq.
~315 S. 108th Ave., Suite 222
Orland Park, Dlinois 60647 (Counsel for Terence Flanagan)

- J(}

Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 11 of 12 PageID #:106 For Plaintiffs Kamal Alex Majied and
South Suburban Housing Center: 224 South Michigan Avenue Chicago,lllinois 60604-2536
- 11-

Case: 1:09-cv-07338 Document #: 41 Filed: 01/19/11 Page 12 of 12 PageID #:107
Exbjbjt A
NONDISCRIMINATION POLICY
It is the policy ofTerence Flanagan to comply with Title Vlll of the Civil Rights Act of 1968, as amended, commonly known as the Fair Housing Act, by ensuring that dwellings are available to all persons without regard to race, color, religion, national origin, disability, familial status, or sex. This policy means that, among other things, Terence Flanagan and all agents and employees with the responsibility for renting, managing, or administering any dwelling units on his behalf must not discriminate in any aspect of the rental of dweilings against qualified applicants or tenants because of race or color. Such agents and employees may not:
A . Refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, disability, familial status, or sex;
B. Discriminate against any person in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, disability, familial status, or sex;
C. Make, print, or pub1ish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, disability, familial status, or sex; or
D. Represent to persons because of race, color, religion, national origin, disabili ty, familial status, or sex that any dwelling is not available for inspection or rental when such dwelling is in fact so available.
Any agent or employee who fails to comply with this Nondiscrimination Policy will be subject to appropriate disciplinary action . Any action taken by an agent or employee that results in unequal service to, treatment of, or behavior toward tenants or actual or potential applicants on the basis of race, color, religion, national origin, disability, familial status, or sex may constitute a violation of state and federal fair housing laws. Any tenant or applicant who believes that any of the above policies have been violated by any owner, agent, or employee may contact the U.S. Department ofHousing and Urban Development at 1-888-799-2085, or the U.S. Department of Justice at 1-800-896-7743 or 202-514-4713 .
-12.

 
 Case: 1:09-cv-7338 As of: 12/09/2011 08:42 PM CST 1 of 5
KIM, TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 4.2 (Chicago)
CIVIL DOCKET FOR CASE #: 1:09−cv−07338

United States of America v. Flanagan Assigned to: Honorable Young B. Kim Cause: 42:405 Fair Housing Act
Plaintiff United States of America

Date Filed: 11/23/2009 Date Terminated: 01/19/2011 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: U.S. Government Plaintiff
represented by Joan Cagen Laser United States Attorney's Office (NDIL) 219 South Dearborn Street Suite 500 Chicago, IL 60604 (312) 353−1857 Fax: (312)886−4073 Email: joan.laser@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Burtis M Dougherty Department of Justice P.O. Box 65998 Washington, DC 20035−5998 (202)514−4713 Email: burtis.m.dougherty@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 Terence Flanagan

represented by J. Scott Arthur 14315 South 108th Avenue Suite #222 Orland Park, IL 60467 (708) 460−9800 Fax: (708) 460−9850 Email: jscottarthur@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas F. Dwyer Law Office of Thomas F. Dwyer 11655 Leamington Alsip, IL 60803 (708)597−0409 Email: tfdwyer@comcast.net TERMINATED: 07/13/2010 LEAD ATTORNEY

Case: 1:09-cv-7338 As of: 12/09/2011 08:42 PM CST 2 of 5

Date Filed 11/23/2009 11/23/2009 11/23/2009 11/23/2009 11/24/2009 12/04/2009 12/14/2009
12/30/2009 12/30/2009 01/04/2010 01/06/2010 01/06/2010 01/12/2010
02/16/2010
02/19/2010
02/19/2010
02/23/2010
03/08/2010
03/08/2010 03/09/2010

# Docket Text
1 COMPLAINT filed by United States of America; Y. (Laser, Joan) (Entered: 11/23/2009)
2 CIVIL Cover Sheet (Laser, Joan) (Entered: 11/23/2009)
3 DESIGNATION of Joan Cagen Laser as U.S. Attorney for Plaintiff United States of America (Laser, Joan) (Entered: 11/23/2009)
CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Maria Valdez. (nsf, ) (Entered: 11/23/2009)
4 SUMMONS Issued as to Defendant Terence Flanagan. (kj, ) (Entered: 11/25/2009)
5 ALIAS Summons Issued as to Terence Flanagan. (kj, ) (Entered: 12/04/2009)
6 SUMMONS Returned Executed by United States of America as to Terence Flanagan on 12/9/2009, answer due 12/30/2009. (kj, ) Modified on 12/15/2009 (kj, ). (Entered: 12/15/2009)
7 ATTORNEY Appearance for Defendant Terence Flanagan by Thomas F. Dwyer. (kj, ) (Entered: 12/31/2009)
8 ANSWER to Complaint and affirmative defense by Terence Flanagan. Notice.(kj, ) (Entered: 12/31/2009)
9 MINUTE entry before Honorable Joan H. Lefkow: Status hearing set for 1/12/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/04/2010)
10 DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Plaintiff United States of America (Johnson, Patrick) (Entered: 01/06/2010)
11 ATTORNEY Appearance for Plaintiff United States of America by Burtis M Dougherty (Dougherty, Burtis) (Entered: 01/06/2010)
12 MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 1/12/2010 and continued to 2/16/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/12/2010)
13 MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 2/16/2010. Scheduling Conference set for 2/23/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 02/16/2010)
14 MOTION by Plaintiff United States of America to reassign case based on relatedness (Attachments: # 1 Exhibit A−B)(Johnson, Patrick) (Entered: 02/19/2010)
15 NOTICE of Motion by Patrick Walter Johnson for presentment of motion to reassign case 14 before Honorable Joan H. Lefkow on 2/23/2010 at 09:30 AM. (Johnson, Patrick) (Entered: 02/19/2010)
16 MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held on 2/23/2010. Motion of the United States to reassign case based on relatedness 14 taken under advisement; ruling will issue by mail. Mailed notice (mad, ) (Entered: 02/24/2010)
17 MINUTE entry before Honorable Joan H. Lefkow:Enter Order. The Court makes a finding of relatedness between Case No. 09 C 5201 and Case No. 09 C 7338. The motion of the plaintiff to reassign this case to the calendar of Magistrate Judge Maria Valdez 14 is continued to April 15, 2009 at 8:30 a.m.Mailed notice (mad, ) (Entered: 03/08/2010)
18 ORDER Signed by the Honorable Joan H. Lefkow on 3/8/2010:Mailed notice(mad, ) (Entered: 03/08/2010)
19 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Maria Valdez for preparation of pretrial materials. Signed by Executive Committee on 3/9/2010.(kj, ) (Entered: 03/11/2010)

Case: 1:09-cv-7338 As of: 12/09/2011 08:42 PM CST 3 of 5

04/13/2010 04/19/2010
04/23/2010 04/29/2010 05/07/2010
05/10/2010 05/13/2010 06/07/2010 07/13/2010 07/13/2010 07/16/2010 07/19/2010 07/19/2010

20 MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion to reassign case 14 is granted. Hearing date of 4/15/2010 is stricken. Mailed notice (mad, ) (Entered: 04/13/2010)
21 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Maria Valdez for all further proceedings: It appearing that 09 C 7338, United States v. Flanagan, currently pending before the Hon. Joan H. Lefkow, presents circumstances in which Judge Lefkow has found in an order dated March 8, 2010 that the parties have consented to the reassignment of this case to Magistrate Judge Maria Valdez, the designated magistrate judge in this case, therefore The Clerk of Court is directed to reassign 09 C 7338, United States v. Flanagan, to Magistrate Judge Maria Valdez. Signed by Honorable Robert M. Dow, Jr on 4/19/2010. (kj, ) (Entered: 04/21/2010)
22 MINUTE entry before Honorable Maria Valdez: On Court's own motion, Status hearing set for 4/29/2010 at 09:30 AM.Mailed notice (yp, ) (Entered: 04/23/2010)
23 MINUTE entry before Honorable Maria Valdez: Magistrate Judge Status hearing held on 4/29/2010 and continued to 6/15/2010 at 09:30 AM. Parties will be filing a motion for consolidation shortly. Mailed notice (yp, ) (Entered: 04/30/2010)
25 EXECUTIVE COMMITTEE ORDER: It appearing that Young B. Kim has been appointed as a United States Magistrate Judge for the Northern District of Illinois, and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly−appointed magistrate judge; therefore IT is hereby ordered that the attached list of civil consent cases and civil referrals be and they are hereby reassigned to form the initial calendar of the Honorable Young B. Kim. Case reassigned to the Honorable Young B. Kim for all further proceedings. Signed by Executive Committee on 5/7/10. Mailed notice(td, ) (Entered: 05/10/2010)
24 MINUTE entry before Honorable Maria Valdez: Pursuant to Order of the Executive Committee dated 5/7/10, status hearing set for 6/15/10 before Judge Valdez is hereby stricken. Parties will be advised of the next status by electronic notice. Mailed notice (yp, ) (Entered: 05/10/2010)
26 MINUTE entry before Honorable Young B. Kim: This matter having been reassigned to Magistrate Judge Young B. Kim, an initial status conference will be held on June 7, 2010 at 11:00 a.m. in Courtroom 1944D. Mailed notice (aac, ) (Entered: 05/13/2010)
27 MINUTE entry before Honorable Young B. Kim: Status hearing held and continued to July 19, 2010, at 11:00 a.m. Parties are still engaged in written discovery. Depositions are scheduled to begin upon completion of written discovery. Mailed notice (aac, ) (Entered: 06/07/2010)
28 MOTION by Defendant Terence Flanagan to substitute attorney (Attachments: # 1 Notice of Filing, # 2 Text of Proposed Order, # 3 Certificate of Service)(Dwyer, Thomas) (Entered: 07/13/2010)
29 MINUTE entry before Honorable Young B. Kim: Defendant's motion for substitution of attorney 28 is granted. Attorney Thomas F. Dwyer is withdrawn from this case and replaced by attorney J. Scott Arthur. Mailed notice (aac, ) (Entered: 07/13/2010)
30 ATTORNEY APPEARANCE by J. Scott Arthur as attorney for Defendant Terence Flanagan (Attachments: # 1 Certificate of Service)(Arthur, J.) Modified on 7/19/2010 (kj, ). (Entered: 07/16/2010)
31 NOTICE of Correction regarding 30 . (kj, ) (Entered: 07/19/2010)
32 MINUTE entry before Honorable Young B. Kim: Status hearing held and continued to August 16, 2010, at 11:00 a.m. Written discovery is completed. Parties report that they would like to explore settlement options before undertaking additional discovery. At the next status hearing, parties are to report on the status of settlement discussions and the need, if any, for additional discovery. The court will set a deadline for discovery at the next status hearing if necessary. Mailed notice (aac, ) (Entered: 07/19/2010)

Case: 1:09-cv-7338 As of: 12/09/2011 08:42 PM CST 4 of 5

08/16/2010
11/08/2010
11/12/2010 11/15/2010 11/15/2010 11/22/2010 12/01/2010
01/19/2011

33 MINUTE entry before Honorable Young B. Kim: Status hearing held. Plaintiff's two fact depositions to be completed by September 30, 2010. An in−person settlement conference will be held in this case on November 10, 2010, at 2:00 p.m. in Courtroom 1944D. The parties are ordered to review and follow the court's standing order on "Settlement Conferences" on its webpage. The government must provide a written settlement position to defendant by October 20, 2010. If appropriate, the government and the plaintiffs in 09 cv 5201 may provide a joint settlement position to defendant. Defendant to respond in writing by November 3, 2010. The government must hand−deliver or fax (312) 554−8051 a copy of all the letters the parties exchanged to the court by November 5, 2010. These settlement position letters are not to be filed with the Clerk's Office. Mailed notice (aac, ) (Entered: 08/16/2010)
34 MINUTE entry before Honorable Young B. Kim: Parties reported to the court by phone that they are preparing for the in−court settlement conference. Defendant asked to have the settlement conference rescheduled in order to ensure the best possible outcome at the conference. Defendant's oral motion is granted and the in−person settlement conference scheduled for November 10, 2010, is rescheduled for November 15, 2010, at 1:00 p.m. in courtroom 1944D. Defendant is ordered to respond in writing to Plaintiff's settlement position, with a courtesy copy to the court by hand−delivery or by fax, by November 10, 2010. These settlement position letters are not be filed with the Clerk's Office. Mailed notice (aac, ) (Entered: 11/08/2010)
35 MINUTE entry before Honorable Young B. Kim: Because of a previously scheduled criminal matter, the settlement conference scheduled for November 15, 2010, at 1:00 p.m. is rescheduled for November 15, 2010, at 1:30 p.m. in courtroom 1944D. Mailed notice (aac, ) (Entered: 11/12/2010)
36 MINUTE entry before Honorable Young B. Kim: In−person settlement conference held and the parties reached an agreement in principle. A telephone status hearing will be held on November 22, 2010, at 1:00 p.m. to discuss the specific terms of the agreement. The government is ordered to either initiate the conference call for the scheduled telephonic status hearing or establish a conference call−bridge and provide the court with the necessary call−in information. Mailed notice (aac, ) (Entered: 11/16/2010)
37 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (kj, ) (Entered: 11/18/2010)
38 MINUTE entry before Honorable Young B. Kim: Status hearing held by phone. Defendant did not appear. Plaintiff reported to the court that the parties are working to finalize the terms of the consent order. The government, with or without the other parties, is ordered to provide a telephonic status report on November 24, 2010. Mailed notice (aac, ) (Entered: 11/23/2010)
39 MINUTE entry before Honorable Young B. Kim: The parties appeared for an in−court settlement conference on November 15, 2010, and reached an agreement to settle this matter. However, the Government reported by phone on November 24, 2010, that the parties are experiencing complications agreeing to the exact language of the consent order to be entered in this case. Given that the parties may not be able to resolve this matter and that the case may have to be litigated, the parties are advised that all discovery must be completed by no later than February 11, 2011. The fact that the parties may be in negotiation over the terms of the consent order will not constitute good cause for extending this deadline. The parties have had ample time already to agree on the specific language of the consent order. Plaintiff is ordered to file a joint status report by February 15, 2011, whether the parties plan on filing a dispositive motion. Mailed notice (aac, ) (Entered: 12/01/2010)
40 MINUTE entry before Honorable Young B. Kim: Parties have reached a settlement in this case and have agreed to the entry of a consent order. Pursuant to the parties' agreement, proposed consent order is entered. Enter Consent Order. Civil case terminated. [ For further detail see separate order(s).] Mailed notice (aac, ) (Entered: 01/19/2011)

Case: 1:09-cv-7338 As of: 12/09/2011 08:42 PM CST 5 of 5

01/19/2011

41 CONSENT Order. Signed by the Honorable Young B. Kim on 1/19/2011. (aac, ) (Entered: 01/19/2011)