Case: United States v. Kelly

5:10-cv-00186 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 18, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 18, 2010, the United States, on behalf of a Caucasian tenant and her mixed-race child, filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act against the manager and owners of a Vicksburg, Mississippi apartment building. The plaintiff sought declaratory, injunctive, and monetary relief, claiming that the tenant's lease was terminated due to both the race of the tenant's daughter and the tenant's association with Afric…

On November 18, 2010, the United States, on behalf of a Caucasian tenant and her mixed-race child, filed a lawsuit in the United States District Court for the Southern District of Mississippi, under the Fair Housing Act against the manager and owners of a Vicksburg, Mississippi apartment building. The plaintiff sought declaratory, injunctive, and monetary relief, claiming that the tenant's lease was terminated due to both the race of the tenant's daughter and the tenant's association with African-Americans.

The parties proceeded with discovery for the next two years and trial was set for August of 2012. The parties also initiated a settlement conference in January 13, 2012, which resulted with an agreement subject to the court's approval.

On March 20, 2012, the court entered a consent decree enforcing the settlement agreement. The defendants did not admit to any violation of the Fair Housing Act, but agreed to change their practices and policies to prevent future violations. This agreement required the defendants to notify the public of their compliance with the Fair Housing Act, provide nondiscrimination training to their employees, provide notification to the United States of other complaints of discrimination, and pay plaintiffs $17,500 in settlement of the case. The consent decree was in effect until 2014. The case is now closed.

Summary Authors

Maria Ricaurte (2/1/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/28441486/parties/united-states-v-kelly/


Judge(s)

Bramlette, David C. (Mississippi)

Attorney for Plaintiff

Burkhalter, Donald R. (Mississippi)

Crockett, Jessica Clarke (District of Columbia)

Maurer, Michael S. (District of Columbia)

Attorney for Defendant

Lawson, Penny Beckwith (Mississippi)

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Documents in the Clearinghouse

Document

5:10-cv-00186

Docket [PACER]

March 20, 2012

March 20, 2012

Docket
22

5:10-cv-00186

First Amended Complaint

May 19, 2011

May 19, 2011

Complaint
52

5:10-cv-00186

Consent Decree

March 20, 2012

March 20, 2012

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/28441486/united-states-v-kelly/

Last updated Feb. 6, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against Richard Cowart, Janie Kelly, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(EJS) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
2

WAIVER OF SERVICE Returned Executed by United States of America. Richard Cowart waiver sent on 11/18/2010, answer due 1/18/2011. (Paige, Mitzi) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
3

WAIVER OF SERVICE Returned Executed by United States of America. Janie Kelly waiver sent on 11/18/2010, answer due 1/18/2011. (Paige, Mitzi) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER

DOCKET ANNOTATION as to 2 - Incorrect document attached. Attorney is directed to refile and attach the correct pdf document. (PKM)

Dec. 2, 2010

Dec. 2, 2010

PACER
4

ATTACHMENT re 2 Waiver of Service Executed as to Richard Cowart by United States of America (Paige, Mitzi) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
5

Letter from Attorney Mitzi Dease Paige. (PKM) Modified on 12/7/2010 to show correct date filed (PKM). (Entered: 12/07/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER

DOCKET ANNOTATION as to 5 : Clerk's office has modified entry to refllect correct date filed. (PKM)

Dec. 7, 2010

Dec. 7, 2010

PACER
6

ANSWER to 1 Complaint and Defenses by Janie Kelly.(Walker, Jeffrey) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
7

MOTION for Extension of Time to File Answer re 1 Complaint by Richard Cowart (Attachments: # 1 Exhibit Agreed Order Granting Motion)(Parker, R.) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
8

NOTICE of Appearance by Alison Tasma Vance on behalf of Janie Kelly (Vance, Alison) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER

TEXT ORDER ONLY granting 7 Motion for Extension of Time to Answer Richard Cowart answer due 2/1/2011.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 27,2011 (Nicaud, Jenny)

Jan. 27, 2011

Jan. 27, 2011

PACER
9

ANSWER to Complaint and Affirmative Defenses of Defendant, by Richard Cowart.(Whitney, Clifford) (Entered: 02/02/2011)

Feb. 2, 2011

Feb. 2, 2011

PACER
10

Rule 16(a) Initial Order. Telephonic Case Management Conference set for 3/31/2011 02:15 PM before Magistrate Judge John M. Roper. Plaintiff to initiate the conference call (228) 563-1779. Confidential case memoranda to be submitted to Judge Roper at 2012 15th Street, Suite 870, Gulfport, MS 39501 or by email at Roper_Chambers@mssd.uscourts.gov on or before March 23, 2011. Please submit by email if possible. (Regenold, Sheryal) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
11

NOTICE of Service of Pre-Discovery Disclosure by Richard Cowart (Lawson, Penny) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
12

NOTICE of Service of Pre-Discovery Disclosure by United States of America (Crockett, Jessica) (Entered: 03/02/2011)

March 2, 2011

March 2, 2011

PACER
13

NOTICE of Service of Defendant Janie Kelly's Initial Disclosure by Janie Kelly (Vance, Alison) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
14

MOTION for Entry of United States' Proposed Case Management Order by United States of America (Crockett, Jessica) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
15

MEMORANDUM in Support re 14 MOTION for Entry of United States' Proposed Case Management Order filed by United States of America (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Crockett, Jessica) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER

DOCKET ANNOTATION as to # 15 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (PKM)

April 11, 2011

April 11, 2011

PACER
16

RESPONSE to Motion re 14 MOTION for Entry of United States' Proposed Case Management Order filed by Janie Kelly (Vance, Alison) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
17

Joinder in Document by Richard Cowart to 16 Response to Motion filed by Janie Kelly (Lawson, Penny) (Entered: 04/14/2011)

April 14, 2011

April 14, 2011

PACER
18

First NOTICE of Service of Document Requests and Interrogatories by Richard Cowart (Whitney, Clifford) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER

DOCKET ANNOTATION as to 18 : This document notices service of multiple forms of discovery. Each event should be separately docketed. The same PDF document may be used for all entries. Attorney is advised to docket additional events as needed. These events are found in the electronic docketing system under Discovery Documents. (PKM)

May 10, 2011

May 10, 2011

PACER
19

First NOTICE of Service of First Request for Production by Richard Cowart (Whitney, Clifford) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
20

MOTION for Leave to File First Amended Complaint by United States of America (Attachments: # 1 Exhibit A: Proposed First Amended Complaint)(Crockett, Jessica) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
21

MEMORANDUM IN SUPPORT re 20 MOTION for Leave to File First Amended Complaint filed by United States of America (Crockett, Jessica) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER

TEXT ORDER ONLY granting as unopposed 14 Motion for Entry of CMC Order to provide that Breezie Penny not execute a waiver of medical privilege or submit to a Rule 35 medical examination on the condition that Ms. Penny is not claiming damages for any medical treatment as a result of the incident alleged nor is she claiming damages for any medically diagnosed injury as the result of the incident alleged. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on May 17,2011 (Nicaud, Jenny)

May 17, 2011

May 17, 2011

PACER

TEXT ORDER ONLY granting 20 Motion for Leave to File Amended Complaint as timely. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on May 17,2011 (Nicaud, Jenny)

May 17, 2011

May 17, 2011

PACER
22

AMENDED COMPLAINT against Richard Cowart, Janie Kelly, Phylis Cowart, filed by United States of America.(Crockett, Jessica) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

Clearinghouse
23

CASE MANAGEMENT ORDER. Motions for Amended Pleadings due by 6/2/2011. Motions for Joinder of Parties due by 6/2/2011. Designate Experts Plaintiff Deadline due by 11/1/2011. Designate Experts for Defendant Deadline due by 12/1/2011. Discovery due by 2/2/2012. Motions due by 2/15/2012. Settlement Conference set for 1/12/2012 09:30 AM before Magistrate Judge John M. Roper in Natchez. Local counsel, lead trial counsel and all clients with full and final settlement authority MUST be present. Parties must submit a three page settlement memoranda which will include the parties settlement position, all prior mediation attempts and the final settlement position of the parties, to Judge Roper at roper_chambers@mssd.uscourts.gov no later than 1/5/2012. Pretrial Conference set for 5/15-17/2012 before Magistrate Judge John M. Roper in Natchez. Jury Trial set for a calendar beginning 6/4/2012 before Honorable David C. Bramlette III. Signed by Magistrate Judge John M. Roper on 5/24/2011 (Regenold, Sheryal) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
24

ANSWER to 22 Amended Complaint by Janie Kelly.(Vance, Alison) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
25

ANSWER to 22 Amended Complaint by Richard Cowart.(Whitney, Clifford) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
26

Affirmative Defenses and ANSWER to 22 Amended Complaint by Phylis Cowart.(Whitney, Clifford) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
27

NOTICE of Service of Response to Interrogatories by United States of America (Crockett, Jessica) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
28

NOTICE of Service of Response to Request for Production by United States of America (Crockett, Jessica) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
29

NOTICE of Service of First Set of Interrogatories by United States of America (Crockett, Jessica) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
30

NOTICE of Service of First Set of Request for Production by United States of America (Crockett, Jessica) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
31

WAIVER OF SERVICE Returned Executed by United States of America. Phylis Cowart waiver sent on 5/31/2010, answer due 7/30/2010. (Paige, Mitzi) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

PACER
32

Subpoena Returned Executed as to Breezie Penny. (Whitney, Clifford) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
33

Subpoena Returned Executed as to Naima Hull. (Whitney, Clifford) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
34

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents to Defendant Janie Kelly by Janie Kelly (Vance, Alison) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
35

NOTICE of Service of Response to Interrogatories by Janie Kelly (Vance, Alison) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
36

NOTICE of Service of Response to Request for Production by Janie Kelly (Vance, Alison) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
37

NOTICE of Service of Response to Interrogatories by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

PACER
38

NOTICE of Service of Response to Request for Production by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

PACER

DOCKET ANNOTATION as to 37 and 38 : These documents are not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document(s). (PKM)

Sept. 1, 2011

Sept. 1, 2011

PACER
39

CERTIFICATE OF SERVICE by Phylis Cowart, Richard Cowart re 37 Notice of Service of Response to Interrogatories (Whitney, Clifford) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER
40

CERTIFICATE OF SERVICE by Phylis Cowart, Richard Cowart re 38 Notice of Service of Response to Production (Whitney, Clifford) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER

TEXT ORDER ONLY granting 34 as unopposed Motion for Extension of Time to File Response/Reply. Defendant has already replied to propounded discovery. The Court deems those responses were timely. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on September 16,2011 (Nicaud, Jenny)

Sept. 16, 2011

Sept. 16, 2011

PACER
41

NOTICE of Service of Amended Response to Request for Production by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
42

NOTICE of Service of Amendment to Response to Interrogatories by Phylis Cowart, Richard Cowart (Whitney, Clifford) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
43

NOTICE of Service of Supplemental Response to Interrogatories by Janie Kelly (Vance, Alison) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
44

Joint MOTION for Extension of Time to Complete Discovery by United States of America (Crockett, Jessica) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
45

NOTICE of Service of Supplemental Initial Disclosure by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
46

NOTICE of Service of Request for Admissions by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
47

NOTICE of Service of First Set of Interrogatories by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
48

NOTICE of Service of First Set of Request for Production by Janie Kelly (Vance, Alison) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
49

NOTICE of Service of Supplemental Interrogatories by United States of America (Crockett, Jessica) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
50

Unopposed MOTION Excuse Deputy Chief from Settlement Conference by United States of America (Crockett, Jessica) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER

TEXT ORDER ONLY granting as unopposed 50 Motion to Excuse Deputy Chief from Conference. The Court finds pursuant to Rule 16(g)(2)( A) of the Uniform Local Rules that Michael Maurer may be excused from attending the conference in person but he must be available at all times by telephone. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny)

Jan. 9, 2012

Jan. 9, 2012

PACER
51

Unopposed MOTION Excuse Gerald Paladin from Attending Settlement Conference by Phylis Cowart, Richard Cowart, Janie Kelly (Parker, R.) (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER

TEXT ORDER ONLY granting as unopposed 51 Motion to Excuse Gerald Paladin. The Court finds pursuant to Rule 16(g)(2)( A) of the Uniform Local Rules that Gerald Paladin may be excused from attending the conference in person but he must be available at all times by telephone. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny)

Jan. 9, 2012

Jan. 9, 2012

PACER

TEXT ORDER ONLY granting as unopposed 44 Motion for Extension of Time to Complete Discovery. The discovery deadline is extended to March 2,2012. The motion deadline is extended to March 15,2012. The pre-trial conference is extended to July 24-26,2012. The trial is continued to a three week calendar beginning August 6,2012. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on January 9,2012 (Nicaud, Jenny)

Jan. 9, 2012

Jan. 9, 2012

PACER

Set/Reset Deadlines: ( Discovery due by 3/2/2012, Motions due by 3/15/2012 ), Set/Reset Hearings:( Jury Trial set for a three week calendar beginning 8/6/2012 09:00 AM before Honorable David C. Bramlette III, Pretrial Conference set for 7/24-26/2012 before Magistrate Judge John M. Roper in Natchez,Ms. (Nicaud, Jenny)

Jan. 9, 2012

Jan. 9, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge John M. Roper: Settlement Conference held on 1/13/2012. Settlement was reached subject to Chancery Court approval. The Court finds that the Government must exchange any proposed update to be issued on the DOJ website with opposing parties prior to posting and if there is opposition to the proposed summary update, the Government must receive Court approval prior to any posting. (Nicaud, Jenny)

Jan. 13, 2012

Jan. 13, 2012

PACER
52

CONSENT DECREE Signed by Honorable David C. Bramlette, III on 3/19/12 (PKM) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 18, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice on behalf of tenants of a Vicksburg, MS apartment complex

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

Kelly, 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.

Available 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: $17,500

Order Duration: 2012 - 2014

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Issues

General:

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black