Case: United States v. Riba

1:10-cv-00297 | U.S. District Court for the District of New Hampshire

Filed Date: July 19, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On July 19, 2010, the United States Department of Justice filed a lawsuit under the Fair Housing Act of 1988, §42 U.S.C. §§3601-3631 against the owner and manager of a four-unit apartment building in Monroe, New Hampshire. The plaintiff brought the suit in the U.S. District Court for the District of New Hampshire, on behalf of a mixed-national origin and race family, claiming the Defendant engaged in discriminatory housing practices. The complaint sets out allegations involving ethnic slurs a…

On July 19, 2010, the United States Department of Justice filed a lawsuit under the Fair Housing Act of 1988, §42 U.S.C. §§3601-3631 against the owner and manager of a four-unit apartment building in Monroe, New Hampshire. The plaintiff brought the suit in the U.S. District Court for the District of New Hampshire, on behalf of a mixed-national origin and race family, claiming the Defendant engaged in discriminatory housing practices. The complaint sets out allegations involving ethnic slurs and other bad treatment of the complainant family, including incidents that led to the arrest of the landlord and state court orders against him. The U.S. sought to enjoin further discrimination on the basis of race, color, or national origin and asked for compensatory and punitive damages to the complainants. The complainants intervened in the suit a few months later.

On April 7, 2011, the United States District Court for the District of New Hampshire (Judge Landya McCafferty) approved a consent decree. The decree enjoined the defendant and its employees from making statements with respect to the rental of a dwelling that indicated a preference, limitation or discrimination based on race, color, or national origin; or coercing, threatening, intimidating, or interfering with any tenant's exercised or enjoyed rights. The defendant was required to get tenants' permission prior to entering units, except to make emergency repairs. In addition, the defendant agreed to undertake fair housing training of all employees, and a set of recordkeeping and reporting requirements. Finally, the defendant agreed to pay the complainants $15,000 in compensatory damages. The consent order was set to last two years, unless the defendant retained any direct or indirect ownership, management, or other financial interest in any residential rental property, in which case the consent order was to remain in effect for three years.

The consent decree terminated without any further litigation, and the case is now closed.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12698797/parties/united-states-v-riba/


Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Farley, John (New Hampshire)

Hagler, Tamar (District of Columbia)

Kacavas, John P (New Hampshire)

Mulhauser, Dana (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Burt, Gary M (New Hampshire)

Major, Jason R.L. (New Hampshire)

Other Attorney(s)

Active

Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Farley, John (New Hampshire)

Hagler, Tamar (District of Columbia)

Kacavas, John P (New Hampshire)

Mulhauser, Dana (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Burt, Gary M (New Hampshire)

Major, Jason R.L. (New Hampshire)

Other Attorney(s)

Feltes, Daniel (New Hampshire)

Lavallee, Christine D (New Hampshire)

Documents in the Clearinghouse

Document

1:10-cv-00297

Docket

July 19, 2010

July 19, 2010

Docket
1

1:10-cv-00297

Complaint

July 19, 2010

July 19, 2010

Complaint
9

1:10-cv-00297

Intervenor Complaint

Sept. 17, 2010

Sept. 17, 2010

Complaint
16

1:10-cv-00297

Consent Decree

April 7, 2011

April 7, 2011

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12698797/united-states-v-riba/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT. (No fee paid, USA or IFP.) filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Waiver)(Farley, John) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

Clearinghouse

Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:10-cv-297-LM. Please show this number with the judge designation on all future pleadings. (ko)

July 21, 2010

July 21, 2010

PACER
2

NOTICE of Assignment to U.S. Magistrate Judge sent to plaintiff(s) for service on all parties. (ko) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
3

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Steven H. Rosenbaum, Esq. & Thomas E. Perez, Esq. must complete an online registration form within 30 days. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. Notice of Compliance Deadline set for 8/23/2010. (ko) (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
4

Waiver Issued Electronically as to Lothar Riba. NOTICE: Counsel shall print and serve the waiver and all attachments in accordance with Fed.R.Civ.P.4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: # 1 Notice ECF)(ko) (Additional attachment(s) added on 7/21/2010: # 2 Mag Assign from Deck-Complaint (USDCNH-54)) (jeb). (Entered: 07/21/2010)

July 21, 2010

July 21, 2010

PACER
5

WAIVER OF SERVICE Returned Executed as to Lothar Riba by USA. Served/Mailed on 7/21/2010. Answer Follow Up on 9/27/2010. (Farley, John) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
6

NOTICE of Attorney Appearance by Jason R.L. Major on behalf of Lothar Riba (Major, Jason) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
7

ANSWER to 1 Complaint - New Case with jury demand filed by Lothar Riba. (Major, Jason) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/27/2010 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 9/20/2010. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. The Discovery Plan is to be filed in accordance with Fed. R. Civ. P. 26(f). Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)

Aug. 25, 2010

Aug. 25, 2010

PACER
8

Assented to MOTION to Intervene as Plaintiff Brenda and Robert Santana filed by Brenda, Robert Santana. (Lavallee, Christine) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
9

Intervenor COMPLAINT Brenda and Robert Santana with Jury Demand filed by Brenda, Robert Santana.(Lavallee, Christine) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

Clearinghouse

NOTICE of ECF Filing Error re: 9 Intervenor Complaint filed by Brenda, Robert Santana, 8 Assented to MOTION to Intervene as Plaintiff Brenda and Robert Santana filed by Brenda, Robert Santana. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. (kad)

Sept. 17, 2010

Sept. 17, 2010

PACER
10

Assented to MOTION to Proceed In Forma Pauperis with Financial Affidavit Brenda and Robert Santana filed by Brenda, Robert Santana. (Lavallee, Christine) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
11

Return of Service Executed as to Lothar Riba Brenda and Robert Santana by Brenda, Robert Santana. Served/Mailed on 9/17/2010. Answer Follow Up on 10/12/2010. (Lavallee, Christine) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER

ENDORSED ORDER granting 8 Motion to Intervene as Plaintiff Brenda and Robert Santana. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (gla)

Sept. 20, 2010

Sept. 20, 2010

PACER

ENDORSED ORDER denying 10 Motion to Proceed in forma pauperis. Text of Order: Denied as no filing fee is required. So Ordered by Magistrate Judge Landya B. McCafferty. (gla)

Sept. 20, 2010

Sept. 20, 2010

PACER
12

Proposed Discovery Plan filed by USA. (Farley, John) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER

ENDORSED ORDER approving 12 Discovery Plan. Length of Trial 3 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: Two week period beginning October 18, 2011. So Ordered by Magistrate Judge Landya B. McCafferty. Ready for Trial on 10/18/2011. Summary Judgment Motions due by 6/20/2011. Dispositive Motion Filing Deadline 11/19/2010. (kad)

Sept. 23, 2010

Sept. 23, 2010

PACER

TRIAL NOTICE: Jury Trial set for two-week period beginning 10/18/2011 09:30 AM before Magistrate Judge Landya B. McCafferty. Final Pretrial Conference set for 10/7/2011 09:30 AM before Magistrate Judge Landya B. McCafferty. Pretrial Statements due 9/19/2011. LR 16.2(d) Objections due 10/3/2010. (kad)

Sept. 24, 2010

Sept. 24, 2010

PACER
13

NOTICE of Mediation by USA. (Farley, John) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
14

NOTICE of Attorney Appearance by Gary M. Burt on behalf of Lothar Riba (Burt, Gary) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

PACER
15

Assented to MOTION to Enter Consent Decree filed by USA. (Attachments: # 1 Consent Order)(Farley, John) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER

ENDORSED ORDER granting 15 Motion to Enter Consent Decree. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty. (gla)

April 7, 2011

April 7, 2011

PACER
16

///CONSENT DECREE. So Ordered by Magistrate Judge Landya B. McCafferty. (kad) Modified on 4/8/2011 to add: "///"(kad). (Entered: 04/08/2011)

April 7, 2011

April 7, 2011

Clearinghouse
17

JUDGMENT is hereby entered in accordance with 16 Consent Decree, Endorsed Order on Motion to Enter Consent Decree. Signed by Clerk James R. Starr. (Case Closed) (kad) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 19, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division on behalf of a family of mixed race and national origin.

Plaintiff Type(s):

Private Plaintiff

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

Lothar Riba (Monroe), Private Entity/Person

Defendant Type(s):

Multi-family housing provider

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: 15,000

Order Duration: 2011 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic