Case: United States v. Bouchon

2:11-cv-02157 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Aug. 29, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 29, 2011, the United States Department of Justice filed suit under the Fair Housing Act, 42 U.S.C. §§3601, in the United States District Court for the Eastern District of Louisiana, against owners, operators and managers of a 16-unit apartment building in New Orleans, Louisiana. The DOJ alleged that testing completed by the Greater New Orleans Fair Housing Action Center revealed that the defendants had engaged in a pattern and practice of rental discrimination on the basis of race or …

On August 29, 2011, the United States Department of Justice filed suit under the Fair Housing Act, 42 U.S.C. §§3601, in the United States District Court for the Eastern District of Louisiana, against owners, operators and managers of a 16-unit apartment building in New Orleans, Louisiana. The DOJ alleged that testing completed by the Greater New Orleans Fair Housing Action Center revealed that the defendants had engaged in a pattern and practice of rental discrimination on the basis of race or color. Specifically, the complaint alleged that defendants refused to return phone calls from prospective renters who were African-American, but did return phone calls from prospective white renters, and otherwise made units unavailable to persons of color. The U.S. sought injunctive, declaratory, and monetary relief as well as civil penalties.

Settlement negotiations preceded the lawsuit, and the parties filed a proposed settlement concurrently with the complaint. On September 02, 2011, the Court (Judge Kurt D. Engelhardt) approved that four-year Consent Order. The decree covered all properties in which the defendants have any ownership or management interest; in addition to generally prohibiting discrimination, it required development and posting of non-discrimination policies, prominent posting of availability of units with the Equal Housing Opportunity slogan, explicit anti-discrimination notices in all advertising, and training of all employees. The settlement also provided for a system of recordkeeping to insure people of color were not being turned away, and maintenance of a timely updated list of available units.

Defendants paid $50,000 to the Greater New Orleans Fair Housing Action Center and $10,000 as a civil penalty. The case terminated on September 07, 2011.

Summary Authors

Asma Husain (2/7/2016)

People


Judge(s)

Engelhardt, Kurt Damian (Louisiana)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Gutierrez, Sandra Ema (Louisiana)

Keveney, Sean R. (District of Columbia)

Letten, Jim (Louisiana)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Gaffney, Michael (Louisiana)

Judge(s)

Engelhardt, Kurt Damian (Louisiana)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Gutierrez, Sandra Ema (Louisiana)

Keveney, Sean R. (District of Columbia)

Letten, Jim (Louisiana)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Gaffney, Michael (Louisiana)

Documents in the Clearinghouse

Document

Docket

Sept. 7, 2011 Docket

Justice Department Obtains $70,000 Settlement in Housing Discrimination Lawsuit Against New Orleans Landlords

No Court

Aug. 29, 2011 Press Release
1

Complaint

Aug. 29, 2011 Complaint
5

Consent Order

Sept. 2, 2011 Settlement Agreement

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Betty Bouchon, Bouchon Limited Family Partnership, Sapphire Corporation (Filed on behalf of USA − Filing Fee not required) filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Gutierrez, Sandra) Modified on 8/31/2011 to edit text (cab). (Entered: 08/29/2011)

Aug. 29, 2011
2

***DEFICIENT*** SETTLEMENT AGREEMENT by United States (Keveney, Sean) Modified on 8/31/2011 (cab). (Entered: 08/29/2011)

Aug. 29, 2011
3

Initial Case Assignment to Judge Kurt D. Engelhardt and Magistrate Judge Daniel E. Knowles, III. (cl, ) (Entered: 08/30/2011)

Aug. 30, 2011
4

EXPARTE/CONSENT MOTION to Approve Consent Judgment by United States of America. (Attachments: # 1 Proposed Order)(Keveney, Sean) (Entered: 08/31/2011)

Aug. 31, 2011
5

ORDER granting 4 Motion to Approve Consent Judgment as stated within document. Signed by Judge Kurt D. Engelhardt on 9/2/2011. (cab) (Entered: 09/02/2011)

Sept. 2, 2011
6

ORDER − IT IS ORDERED that the Clerk of Court mark this action CLOSED for statistical purposes, and IT IS FURTHER ORDERED that the Court shall retain jurisdiction and that the case shall be restored to the trial docket upon motion of a party if circumstances change. This order shall not prejudice the rights of the parties to this litigation as stated within document. Signed by Judge Kurt D. Engelhardt on 9/7/2011.(cab) (Entered: 09/07/2011)

Sept. 7, 2011

State / Territory: Louisiana

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Aug. 29, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

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

Bouchon Limited Family Partnership, 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: 60,000

Order Duration: 2011 - 2015

Content of Injunction:

Comply with advertising/recruiting requirements

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black