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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

Clearinghouse coding complete

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 tenant…

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.

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)

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

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

Case Details

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2008

Closing Date: 2011

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

Bruce Dunn (Montgomery), Private Entity/Person

Jamarlo K. Gumbaytay (Montgomery), Private Entity/Person

Matthew Bahr (Montgomery), Private Entity/Person

Lori Williams (Montgomery), Private Entity/Person

Brett Rosenbaum (Montgomery), Private Entity/Person

Sean McDonough (Montgomery), Private Entity/Person

Frank Cook (Montgomery), Private Entity/Person

Woody D. Franklin (Montgomery), Private Entity/Person

Woody D. Franklin, Sr. (Montgomery), Private Entity/Person

James F. and Barbara Clark (Montgomery), Private Entity/Person

Millennia Properties, LLC (Montgomery), Private Entity/Person

Abraham and Margie Campbell (Montgomery), Private Entity/Person

Guest Property Sales, LLC (Montgomery), Private Entity/Person

Lorretta Cates (Montgomery), Private Entity/Person

Jewel Manahan (Montgomery), Private Entity/Person

Terrill Jorgensen (Montgomery), Private Entity/Person

Todd Chamelin (Montgomery), 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

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $99,750

Order Duration: 2008 - 2011

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Sex discrimination

Affected Gender:

Female