Case: United States v. Testa Family Enterprises

5:10-cv-02319 | U.S. District Court for the Northern District of Ohio

Filed Date: Oct. 12, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, injunctive, and monetary relief, and civil penalties, alleging that the Defendants had engaged in a pattern and practice of discrimination on the basis of familial status in their rental of apartments. Speci…

On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, injunctive, and monetary relief, and civil penalties, alleging that the Defendants had engaged in a pattern and practice of discrimination on the basis of familial status in their rental of apartments. Specifically, the complaint alleged that the Defendants refused to rent to families with small children.

The case was litigated for several months, but then settled. On June 8, 2011, the Court (Judge David Dowd) approved a three-year Consent Decree which, in addition to general prohibitions against discrimination based on familial status, requires Defendants to adopt a non-discrimination policy, to include the words "Equal Housing Opportunity" on all advertising, to train all personnel in equal housing opportunity requirements, and to report any complaints. Defendants agreed to pay $50,000 in damages to one family, and a $10,000 civil penalty to the United States.

On June 5, 2014, just before the consent decree was set to expire, the parties jointly moved to extend it to June 8, 2015. Judge Dowd approved this motion the following day.

There was no further litigation, and the consent decree has since terminated. The case is now closed.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4360052/parties/united-states-v-testa-family-enterprises-ltd-llc/


Judge(s)

Dowd, David Dudley Jr. (Ohio)

Attorneys(s) for Plaintiff

Dettelbach, Steven M (District of Columbia)

Heyer, Michelle L (Ohio)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Singer, Elizabeth A (District of Columbia)

Attorneys(s) for Defendant

Chessler, Craig (Ohio)

Traub, Randall M (Ohio)

Judge(s)

Dowd, David Dudley Jr. (Ohio)

Attorneys(s) for Plaintiff

Dettelbach, Steven M (District of Columbia)

Heyer, Michelle L (Ohio)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Singer, Elizabeth A (District of Columbia)

Attorneys(s) for Defendant

Chessler, Craig (Ohio)

Traub, Randall M (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

June 6, 2014 Docket
1

Complaint

Oct. 12, 2010 Complaint
11

Consent Order

June 8, 2011 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4360052/united-states-v-testa-family-enterprises-ltd-llc/

Last updated May 20, 2022, 2:28 a.m.

ECF Number Description Date Link
1

Complaint against Christine Testa, Testa Family Enterprises, LTD, LLC., filed by United States of America. (Attachments: # 1 Summons Testa Family Enterprises, # 2 Summons Christine Testa, # 3 Civil Cover Sheet) (Heyer, Michelle) Modified text on 10/13/2010 (M,TL). (Entered: 10/12/2010)

1 Summons Testa Family Enterprises

View on PACER

2 Summons Christine Testa

View on PACER

3 Civil Cover Sheet

View on PACER

Oct. 12, 2010 RECAP
2

Original Summons and Magistrate Consent Form issued for service upon Christine Testa, Testa Family Enterprises, LTD., LLC. (Attachments: # 1 Magistrate Consent Form) (M,TL) (Entered: 10/12/2010)

1 Magistrate Consent Form

View on PACER

Oct. 12, 2010 PACER
3

Return of Service by Clerk by certified mail executed upon Christine Testa on 10/14/2010; Testa Familyl Enterprises, LTD., LLC on 10/14/2010, filed on behalf of United States of America (E,P) (Entered: 10/18/2010)

Oct. 18, 2010 PACER
4

Magistrate Consent Package issued. (S,AA) (Entered: 10/25/2010)

Oct. 25, 2010 PACER
5

Defendants' Answer to 1 Complaint, filed by Christine Testa, Testa Familyl Enterprises, LTD., LLC. (Traub, Randall) (Entered: 11/03/2010)

Nov. 3, 2010 PACER
6

Case Management Conference Scheduling Order: Pursuant to the agreement of counsel, a case management conference is scheduled for 11/30/10 at 10:30 AM in Room No. 229 in Youngstown, Ohio, before Magistrate Judge George J. Limbert. Signed by Magistrate Judge George J. Limbert on 11/5/10. (Attachments: # 1 Attachment 1 - Report of Parties' Planning Meeting, # 2 Attachment 2 - L.R.-Appendix K)(S,AA) (Entered: 11/05/2010)

1 Attachment 1 - Report of Parties' Planning Meeting

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2 Attachment 2 - L.R.-Appendix K

View on PACER

Nov. 5, 2010 PACER
7

Report of Parties' Planning Meeting filed by Christine Testa, Testa Family Enterprises, Ltd., LLC, United States of America. Related document(s) 6 .(Heyer, Michelle) (Main Document 7 replaced on 11/24/2010 - double headers removed) (P, S). (Entered: 11/23/2010)

Nov. 23, 2010 PACER
8

Case Management Conference Order: Case is assigned to the standard track; this case is not suitable for reference to an alternative dispute resolution program at this time; the parties did not consent to the jurisdiction of a U.S. Magistrate Judge; discovery shall be completed on or before 6/1/11; the parties agreed to follow the default standard for discovery of electronically-stored information; new parties shall be joined, and pleadings shall be amended, on or before 6/1/11; dispositive motions shall be filed on or before 7/1/11; a status conference is scheduled before Magistrate Judge Limbert in Room No. 229 in Youngstown, Ohio on 6/1/11 at 1:30 p.m. Signed by Magistrate Judge George J. Limbert on 11/30/10. (S,AA) (Entered: 11/30/2010)

Nov. 30, 2010 PACER
9

Notice: Based upon the representation of plaintiff's counsel that this matter may be settled, the status conference which was scheduled to be held before Magistrate Judge Limbert on 6/1/11 is continued; the parties shall submit an agreed order on or before 6/10/11. (S,AA) (Entered: 06/01/2011)

June 1, 2011 PACER
10

Proposed Consent Order (Motion for) filed by Christine Testa, Testa Family Enterprises, Ltd., LLC, Plaintiff United States of America. Related document(s) 1, 9 . (Heyer, Michelle) Modified text on 6/7/2011 (S,He). (Entered: 06/06/2011)

June 6, 2011 PACER
11

Consent Order that the Court shall retain jurisdiction for the duration of this order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. All parties shall be responsible for their own attorney's fees and court costs, except as provided for in Section H of this order. Signed by Judge David D. Dowd, Jr. on 6/8/2011. (M,De) (Entered: 06/08/2011)

June 8, 2011 PACER
12

Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by United States of America. (Heyer, Michelle) (Entered: 06/08/2011)

June 8, 2011 PACER
13

Marginal Entry Order approving Notice of Dismissal without prejudice. Pursuant to paragraph 13 of the proposed consent order 11 signed by all parties, the United States shall dismiss this matter with prejudice upon conclusion of the period during which the consent order is in effect. Signed by Judge David D. Dowd, Jr. on 6/8/2011. (M,De) (Entered: 06/08/2011)

June 8, 2011 RECAP
14

Joint Motion to Extend Consent Order until June 8, 2015 filed by Plaintiff United States of America. Related document(s) 11 . (Heyer, Michelle) (Entered: 06/05/2014)

June 5, 2014
15

Marginal Entry Order granting Joint Motion to Extend Consent Order until June 8, 2015. (Related Doc # 14 ) Signed by Judge David D. Dowd, Jr. on 6/6/2014. (M,De) (Entered: 06/06/2014)

June 6, 2014

State / Territory: Ohio

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Oct. 12, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Testa Family Enterprises, LTD (Akron), Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60,000

Order Duration: 2011 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Recordkeeping

Issues

General:

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Age discrimination

Family discrimination