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Case: United States v. Bahr

2:08-cv-00573 | U.S. District Court for the Middle District of Alabama

Filed Date: July 17, 2008

Closed Date: 2011

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Case Summary

On July 17, 2008, the United State filed a lawsuit in the United States District Court for the Middle District Court of Alabama under the Fair Housing Act, 42 U.S.C. §§3601-3619, against Defendants, rental property owners and their property manager. The U.S. Department of Justice alleged the Defendants discriminated in their rental business against women. Specifically, DOJ claimed that beginning in 2005 or earlier, the defendants' property manager subjected actual and prospective female tenants to unwanted verbal sexual advances, unwanted sexual touching, and adverse action when they refused or objected to his sexual advances. (For example, he would, the DOJ claimed, send false notices of rent owed to tenants who spurned his advances.) The complaint sought declaratory, injunctive and monetary relief and an assessment of civil penalties.

The property manager's request for a stay due to a pending bankruptcy was denied (after the bankruptcy was dismissed), and he eventually sought summary judgment. The court denied that motion on November 23, 2009. Additional litigation led to a motion for summary judgment by another individual defendant, which was largely denied on September 9, 2010. (The court did note that this individual would not be held vicariously liable for any punitive damages related to the property manager.) Considerable discovery and other disputes followed, and the case was eventually set for trial on May 23, 2011. In the meantime, however, the property manager whose conduct was at the center of the case had died.

Between May 12, 2011, and July 20, 2011, the Court (Judge Mark E. Fuller) approved separate five-year Consent Decrees agreed to by the Plaintiff and the various Defendants. The decrees generally enjoined the Defendants from discriminating in their housing rental practices on the basis of sex, and required them to pay monetary damages into a fund established for the persons aggrieved by their conduct and civil penalties. Each of the Consent Decrees required non-discrimination in advertising, rental showing, employee EEO training, reporting and recordkeeping.

On August 16, 2011, the Court entered a default judgment against the remaining defendants, after an extensive evidentiary hearing on damages and civil penalties. But after that hearing, the chief remaining defendant -- the owner of two apartment buildings -- sought relief from its default judgment of $27,000. This the Court denied, finally closing out the case, on April 19, 2012.

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Summary Authors

Clearinghouse (6/28/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5458620/parties/united-states-v-bahr/

Judge(s)

Fuller, Mark E. (Alabama)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Canary, Leura Garrett (Alabama)

Dubois, James J. (Alabama)

Keveney, Sean R. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Murphy, Donna M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Severino, Roger T. (District of Columbia)

Judge(s)

Fuller, Mark E. (Alabama)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Canary, Leura Garrett (Alabama)

Dubois, James J. (Alabama)

Keveney, Sean R. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Murphy, Donna M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Severino, Roger T. (District of Columbia)

Standridge, Amber R. (District of Columbia)

Attorneys(s) for Defendant

Beck, George (Alabama)

Biggs, Terrie Scott (Alabama)

Boyle, Michael David (Alabama)

Brittain, William Evens (Alabama)

Buckalew, Constance Taylor (Alabama)

Fendley, Taylor Patrick (Alabama)

Holton, Michael Guy (Alabama)

Jackson, Michael Stewart (Alabama)

Manahan, Jewel (Florida)

Marks, Emily Coody (Alabama)

McDonough, Sean (Florida)

Newell, Alfred T. IV (Alabama)

Reid, Holbrook E. (Alabama)

Shinbaum, Richard D. (Alabama)

Smith, Jeffrey Wilson (Alabama)

Other Attorney(s)

Cooper, Faith Rochelle (Alabama)

Lewis, Joseph Brady (Alabama)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:08-cv-00573	Docket	July 17, 2008	July 17, 2008 Docket
1 2:08-cv-00573	Complaint United States v. Gumbaytay	July 17, 2008	July 17, 2008 Complaint
108 2:08-cv-00573	Memorandum Opinion and Order [denying Def's motions to dismiss and for summary judgment] U.S. v. Gumbaytay	Nov. 23, 2009	Nov. 23, 2009 Order/Opinion
168 2:08-cv-00573	Amended Complaint United States v. Gumbaytay	April 26, 2010	April 26, 2010 Complaint
371 2:08-cv-00573	Consent Decree between Plaintiff United States and Defendant Lori Williams and Todd Chamelin United States v. Gumbaytay U.S. District Court for the Northern District of Alabama	May 12, 2011	May 12, 2011 Settlement Agreement
378 2:08-cv-00573	Order United States v. Gumbaytay	May 24, 2011	May 24, 2011 Order/Opinion
400 2:08-cv-00573	Consent Decree Between Plaintiff United States and Defendant Woody Franklin, Sr.	July 5, 2011	July 5, 2011 Settlement Agreement
410 2:08-cv-00573	Consent Decree Between Plaintiff United States and Defendant Jewel Manahan	July 20, 2011	July 20, 2011 Settlement Agreement
411 2:08-cv-00573	Consent Decree Between Plaintiff United States and Defendant Abraham Campbell	July 20, 2011	July 20, 2011 Settlement Agreement
419 2:08-cv-00573	Final Judgment	Aug. 16, 2011	Aug. 16, 2011 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5458620/united-states-v-bahr/

Last updated Sept. 6, 2022, 3:18 a.m.

ECF Number	Description	Date	Link Date / Link
55	MEMORANDUM OPINION AND ORDER denying Defendant Jamarlo Gumbaytay's 8 and 12 MOTIONS to Dismiss. Signed by Hon. Chief Judge Mark E. Fuller on 3/9/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )	March 9, 2009	March 9, 2009 RECAP
97	MEMORANDUM OPINION AND ORDER that plaintiff's 75 MOTION for Entry of Default is DENIED; that Jamarlo Gumbaytay and Matthew Bahr file an answer to Plaintiff's Amended Complaint no later than October 19, 2009. Signed by Hon. Chief Judge Mark E. Fuller on 10/5/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, ) Mailed to Matthew Bahr by both regular mail and CMRRR with copy of Amended Complaint and Motion for Entry of Default as directed.	Oct. 5, 2009	Oct. 5, 2009 RECAP
108	MEMORANDUM OPINION AND ORDER that Gumbaytay's 99 MOTION to Dismiss is DENIED; that Gumbaytay's 99 MOTION for Summary Judgment is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 11/23/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )	Nov. 23, 2009	Nov. 23, 2009 RECAP
153	ORDER; that the Court hereby provides notice to the plaintiff that the Court finds that plaintiff has failed to cause service to be made upon the following defendant: Terrill Jorgensen, within 120 days after the filing of the Complaintin this action. It is the present intention of this Court to dismiss all claims against Terrill Jorgensen without prejudice on March 31, 2010, unless plaintiff shows good cause for its failure to comply with Federal Rule of Civil Procedure 4 before that date. Show Cause Response due by 3/31/2010. Signed by Hon. Chief Judge Mark E. Fuller on 3/23/2010. (jg, )	March 23, 2010	March 23, 2010 RECAP
184	ORDER; Upon consideration of the Motion to Withdraw as Counsel 182 filed on June7, 2010, it is hereby ORDERED that the motion is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 6/15/2010. (jg, )	June 15, 2010	June 15, 2010 RECAP
188	ORDER regarding the Court's mediation program as further set out. Signed by Hon. Chief Judge Mark E. Fuller on 7/23/2010. (jg, )	July 23, 2010	July 23, 2010 RECAP
190	ORDER; that pro se defendant Jewel Manahan shall be required to show cause why she should not be sanctioned for failing to participate in the settlement conference by no later than 5:00 p.m. on Friday, August 20, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/26/2010. (jg, )	July 26, 2010	July 26, 2010 RECAP
195	ORDER; that on or before August 30, 2010, defendant Jewel Manahan and counsel for the plaintiff shall conduct a face-to-face settlement conference at which they shall engage in good faith settlement negotiations. If settlement cannot be reached, they shall also discuss whether mediation will assist the parties in reaching settlement. Not more than FIVE (5) DAYS after this conference, counsel for the plaintiff shall file a pleading titled "Amended Notice Concerning Settlement Conference and Mediation." Signed by Hon. Chief Judge Mark E. Fuller on 8/23/2010. (jg, )	Aug. 23, 2010	Aug. 23, 2010 RECAP
197	MEMORANDUM OPINION AND ORDER that Williams' 131 MOTION for Summary Judgment is GRANTED in part and DENIED in part. It is granted in that Williams is not vicariously liable for punitive damages for any actions taken by Gumbaytay found to violate the Fair Housing Act. It is denied in all other respects. Signed by Hon. Chief Judge Mark E. Fuller on 9/9/2010. (Attachments: # 1 Civil Appeals Checklist)(cc, )	Sept. 9, 2010	Sept. 9, 2010 RECAP
257	MEMORANDUM OPINION AND ORDER; that Williams's Motion to Reconsider, or in the alternative Motion to Certify for Interlocutory Appeal 199 is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 1/11/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )	Jan. 11, 2011	Jan. 11, 2011 RECAP
378	ORDER that all claims brought against Jamarlo Gumbaytay in above referenced case are DISMISSED. The Clerk of the Court is DIRECTED to dismiss him as a party to this lawsuit as further set out in this order. Signed by Honorable Mark E. Fuller on 5/24/2011. (jg, )	May 24, 2011	May 24, 2011 RECAP
396	MEMORANDUM OPINION AND ORDER that the Defendants' Motions to Dismiss 388 , 390 , 391 are DENIED. Signed by Honorable Judge Mark E. Fuller on 6/22/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )	June 22, 2011	June 22, 2011 RECAP
397	MEMORANDUM OPINION AND ORDER that the United States' 274 First MOTION in Limine is conditionally GRANTED in accordance with this opinion. Signed by Honorable Judge Mark E. Fuller on 6/23/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )	June 23, 2011	June 23, 2011 RECAP
398	MEMORANDUM OPINION AND ORDER that James and Barbara Clark and Abraham Campbell's Motions in Limine (Docs. # 345 , 353 , 355 ) are GRANTED. Signed by Honorable Judge Mark E. Fuller on 6/23/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )	June 23, 2011	June 23, 2011 RECAP
446	MEMORANDUM OPINION AND ORDER as follows: 1. Bahr's Motion to Alter, Amend or Vacate Final Judgment 427 is DENIED. 2. Bahr's Motion to Stay Execution Pending Disposition 443 is DENIED AS MOOT. 3. The United States' Motion to Supplement the Record 433 is GRANTED. 4. The United States' Motion to Seal 436 is GRANTED. Signed by Honorable Judge Mark E. Fuller on 4/19/2012. (Attachments: # 1 Civil Appeals Checklist)(jg, )	April 19, 2012	April 19, 2012 RECAP