IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Similar documents
FIRST AMENDED COMPLAINT

UNITED STATES OF AMERICA Plaintiff, United States v. Donald Sterling, et al. (C.D. Cal.)

Case: 5:10-cv Doc #: 1 Filed: 10/12/10 1 of 8. PageID #: 1

Fwd: CF Public Comment

Case 3:11-cv CRW-TJS Document 1 Filed 04/06/11 Page 1 of 7

)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.

Complaint, Joly v. Town of Lake Hunting and Fishing Club Inc, Docket Nos. 2:05-cv-02223, 2:06-cv (Central District of Illinois 2006)

Complaint, Kristofek v. Richard Yanz, et al, Docket No. 1:12-cv (Northern District of Illinois Oct 17, 2012)

Case 3:04-cv RLA Document 1-1 Filed 09/30/2004 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO

Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 1 of 18 PageID #: 1

Case 1:18-cv UNA Document 1 Filed 11/28/18 Page 1 of 11 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

-CIVIL RIGHTS EMPLOYMENT

UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF HEARINGS AND APPEALS

Amended Complaint, Gassman v. Frischholtz et al, Docket No. 1:05-cv (Northern District of Illinois 2005)

NATURE OF THE ACTION. This is an action under Title VII of the Civil Rights Act of 1964, as amended by the

Case 3:04-cv JSW Document 168 Filed 10/20/2005 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 7:17-cv Document 1 Filed 05/14/17 Page 1 of 11

Case 1:17-cv Document 1 Filed 02/03/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:09-cv BSJ-RLE Document 67 Filed 10/28/11 Page 1 of 6

Case 3:19-cv Document 1 Filed 01/30/19 Page 1 of 17

Case 2:05-cv JES-SPC Document 47 Filed 04/24/2006 Page 1 of 11

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Plaintiff Sharolynn L. Griffiths, by and through her undersigned counsel, by way of JURISDICTION

Case 1:18-cv LG-RHW Document 17 Filed 06/19/18 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION ) ) ) ) ) ) ) ) NATURE OF THE ACTION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

Case: 1:13-cv Document #: 1 Filed: 07/25/13 Page 1 of 7 PageID #:1

Case 4:16-cv JEG-CFB Document 1 Filed 12/23/16 Page 1 of 13

Case 2:15-cv LFR Document 1 Filed 11/11/15 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION NATURE OF THE ACTION

This is an action under the Genetic Information Nondiscrimination Act of 2008

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

FILED 16 AUG 29 PM 2:30

Form 61 Fair Housing Ordinance

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION ) ) ) ) COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Plaintiff, Defendant. AMENDED COMPLAINT AND JURY TRIAL DEMAND NATURE OF ACTION

Plaintiff, Defendant , for her Complaint against Defendant Harvey Tam states and alleges as follows: INTRODUCTION

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 552

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WALLA WALLA. Plaintiff, Defendant. I. INTRODUCTION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

Second Amended Complaint, Gassman v. Frischholtz et al, Docket No. 1:05-cv (Northern District of Illinois 2005)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ) ) ) NATURE OF THE ACTION

UNITED STATES DISTRICT COURT DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Plaintiff Case No.: 1:17-cv-6236 COMPLAINT

2:18-cv PDB-EAS Doc # 1 Filed 03/06/18 Pg 1 of 16 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CASE NO.

Prohibits any and/or all harassment discrimination based on the seven protected classes. Applies In virtually all housing-related activities

Case: 1:06-cv JRA Doc #: 28 Filed: 05/08/09 1 of 9. PageID #: 220

FILED 16 AUG 09 PM 2:59

IN THE SUPERIOR COURT OF DISTRICT OF COLUMBIA CIVIL DIVISION * * * * * * * * * * * * * * * * * * * * * * *

Case 5:09-cv JMH Document 1 Filed 10/26/2009 Page 1 of 10

Case 1:10-cv LTB Document 1 Filed 08/31/10 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Case 1:18-cv Document 1 Filed 01/16/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS X : : : : : : : : : : : : : X

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPLAINT FOR PATENT INFRINGEMENT

Case 2:11-cv CW Document 2 Filed 03/11/11 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 1:18-cv Document 1 Filed 01/25/18 Page 1 of 11. Deadline

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION V. CAUSE NO.: COMPLAINT (JURY TRIAL DEMANDED)

Case 4:15-cv RLY-DML Document 1 Filed 07/17/15 Page 1 of 8 PageID #: 1

Case 1:16-cv Document 1 Filed 11/21/16 Page 1 of 10 PageID #: 1 UNITED STATES DISTRICT COURT STATE OF RHODE ISLAND COMPLAINT INTRODUCTION

Case 2:16-cv RSL Document 1 Filed 08/05/16 Page 1 of 13

FILED: NEW YORK COUNTY CLERK 06/22/ :20 PM INDEX NO /2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/22/2018

COMPLAINT. Plaintiff, The Green Pet Shop Enterprises, LLC ( Green Pet Shop or. Plaintiff ), by and through its attorneys, THE RANDO LAW FIRM P.C.

Case 6:10-cv TC Document 1 Filed 09/24/10 Page 1 of 7 Page ID#: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Case 1:19-cv PKC Document 1 Filed 01/14/19 Page 1 of 5

Filing # E-Filed 06/13/ :25:39 PM

Case 1:18-cv RDB Document 1 Filed 07/30/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BALTIMORE DIVISION

Case 5:02-cv WTH Document 12 Filed 10/23/2002 Page 1 of 14

Case: 1:11-cv Document #: 1 Filed: 07/19/11 Page 1 of 10 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case 1:17-cv Document 1 Filed 08/30/17 Page 1 of 13 PageID #: 1. No.: Defendants.

FILED: RICHMOND COUNTY CLERK 01/16/ :56 AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2017

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA, MANATEE, DESOTO COUNTY, FLORIDA

Case: 1:10-cv Document #: 1-2 Filed: 06/03/09 Page 1 of 5 PageID #:2

5:06cv1684 JUDGE HICKS MAG. JUDGE HORNSBY

EEOC v. JEC Enterprises, Inc., d/b/a McDonalds

Case 2:02-cv WHA-SRW Document 27 Filed 04/08/2003 Page 1 of 6. NORTH:F,l~. DIVISION =r--zq SECOND AMENDED COMPLAINT

Case 1:16-cv Document 1 Filed 11/21/16 Page 1 of 9 PageID #: 1 UNITED STATES DISTRICT COURT STATE OF RHODE ISLAND COMPLAINT INTRODUCTION

Case 1:18-cv Document 1 Filed 05/30/18 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 4:04-cv LLP Document 1 Filed 12/28/2004 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION NO. } 1 COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 5:18-cv Document 1 Filed 05/02/18 Page 1 of 19. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS San Antonio Division

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ) ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION

Case 2:10-cv WOB-JGW Document 1 Filed 04/29/10 Page 1 of 6

Case 3:14-cv B Document 1 Filed 06/18/14 Page 1 of 18 PageID 1

Courthouse News Service

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:12-cv SM-JCW Document 1 Filed 07/24/12 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * *

FILED 16 NOV 03 PM 2:13

Transcription:

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. ) 2:08-CV-00573-MEF-SRW JAMARLO K. GUMBAYTAY ) (aka LAURENCE E. LAMAR) ) d/b/a ELITE ENTERPRISES ) CONSULTANT GROUP; ) MATTHEW BAHR; ) BRETT ROSENBAUM; ) ESTATE OF DONNA GREENE; ) LORI WILLIAMS; ) SEAN MCDONOUGH; ) WOODY D. FRANKLIN; ) WOODY D. FRANKLIN, SR.; ) JAMES F. CLARK; ) BARBARA CLARK; ) MILLENNIA PROPERTIES, LLC; ) ABRAHAM CAMPBELL; ) GUEST PROPERTY SALES, LLC; ) LORETTA CATES; ) JEWEL MANAHAN; ) TODD CHAMELIN; ) TERRILL JORGENSEN; ) MARGIE CAMPBELL; AND ) BRUCE DUNN, ) ) Defendants. ) ) COMPLAINT AND REQUEST FOR JURY TRIAL The United States of America alleges: 1. This action is brought by the United States to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 to 3619.

2. This court has jurisdiction over this action under 28 U.S.C. 1331, 28 U.S.C. 1345, and 42 U.S.C. 3614(a). 3. Venue is proper under 28 U.S.C. 1391(b) because the actions giving rise to the United States allegations occurred in the Middle District of Alabama. 4. Defendant Jamarlo K. Gumbaytay aka Laurence E. Lamar d/b/a Elite Enterprises Consultant Group ( Gumbaytay ) is a resident of Montgomery, Alabama. 5. During part or all of the period of time relevant to this action, Defendant Gumbaytay has managed numerous residential rental properties in the Montgomery, Alabama area. These properties include, but are not limited to, the properties listed in paragraphs 6 through 19 ( the subject properties ). Some of these properties may contain more than one rental unit. 6. At all times relevant to this action, Defendant Matthew Bahr employed Defendant Gumbaytay as his agent to manage the following properties that he owned: 3661 Whiting Avenue, Montgomery, Alabama 36105, and 964 North Gap Loop, Montgomery, Alabama 36110. 7. At all times relevant to this action, Defendant Brett Rosenbaum employed Defendant Gumbaytay as his agent to manage 629 North Union Circle, Montgomery, Alabama 36104, which he owned. 8. At all times relevant to this action, Donna Greene, now deceased, employed Defendant Gumbaytay as her agent to manage 3120 Gentilly Court, Montgomery, Alabama 36116, which she owned. 9. At all times relevant to this action, Defendant Lori Williams employed Defendant 2

Gumbaytay as her agent to manage 720 Capri Street, Montgomery, Alabama 36105, which she owned. 10. At times relevant to this action, Defendant Sean McDonough employed Defendant Gumbaytay as his agent to manage the following properties that he owned: 2518 Drake Street, Montgomery, Alabama 36108; 118 Stuart Street, Montgomery, Alabama 36105; and 1215 Lake Street, Montgomery, Alabama, 36104. 11. At all times relevant to this action, Defendants Woody D. Franklin and Woody D. Franklin, Sr. employed Defendant Gumbaytay as their agent to manage 6149 Cherry Hill Road, Montgomery, Alabama 36116, which they owned. 12. At all times relevant to this action, Defendants James F. and Barbara Clark employed Defendant Gumbaytay as their agent to manage 4005 Chelsea Drive, Montgomery, Alabama 36110, which they owned. 13. At all times relevant to this action, Defendant Millennia Properties, LLC employed Defendant Gumbaytay as its agent to manage 2002 Oklahoma Street, Montgomery, Alabama 36107, which it owned. 14. At all times relevant to this action, Defendants Abraham and Margie Campbell employed Defendant Gumbaytay as their agent to manage 2031 West Street, Apartment B, Montgomery, Alabama, 36106, which they owned. 15. At times relevant to this action, Defendant Guest Property Sales, LLC employed Defendant Gumbaytay as its agent to manage 1215 Lake Street, Montgomery, Alabama, 36104, which it owned. 16. At times relevant to this action, Defendant Loretta Cates employed Defendant 3

Gumbaytay as her agent to manage 311 Milton Rd., Montgomery, Alabama, 36110, which she owned. 17. At times relevant to this action, Defendant Jewel Manahan employed Defendant Gumbaytay as her agent to manage 6113 Jennifer Lane, Montgomery, Alabama 36116, which she owned. 18. At all times relevant to this action, Defendant Todd Chamelin employed Defendant Gumbaytay as his agent to manage 4 Stuart Street, Montgomery, Alabama 36105, which he owned. 19. At all times relevant to this action, Defendant Terrill Jorgensen employed Defendant Gumbaytay as his agent to manage 545 Broadway Street, Montgomery, Alabama 36110, which he owned. 20. At all times relevant to this action, Defendant Bruce Dunn employed Defendant Gumbaytay as his agent to manage 2233 East Fourth Street, Montgomery, Alabama 36106, which he owned. 21. The rental units at the subject properties are dwellings within the meaning of 42 U.S.C. 3602(b). 22. The Defendants have violated the Fair Housing Act, 42 U.S.C. 3601 et seq., by discriminating against persons on the basis of sex in connection with the rental of the subject properties. 23. From at least 2005 through the present, Defendant Gumbaytay has been subjecting actual and prospective female tenants of the subject properties to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has 4

included, but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; unwanted sexual language; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to his sexual advances. 24. The owner Defendants listed in paragraphs 6 through 20 are liable for the discriminatory conduct of their agent and manager, Defendant Gumbaytay, described above. In addition, the owner Defendants knew or should have known of the discriminatory conduct of Defendant Gumbaytay, yet failed to take reasonable preventive or corrective measures. 25. The Defendants conduct described above constitutes: a. A denial of housing or making housing unavailable because of sex, in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. 3604(a); b. Discrimination in the terms, conditions, or privileges of the rental of dwellings, or in the provision of services or facilities in connection therewith, because of sex, in violation of Section 804(b) of the Fair Housing Act, 42 U.S.C. 3604(b); c. The making of statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on sex, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. 3604(c); and d. Coercion, intimidation, threats, or interference with persons in the exercise or enjoyment of, or on account of their having exercised or enjoyed, their 5

rights under Section 804 of the Fair Housing Act, in violation of Section 818 of the Fair Housing Act, 42 U.S.C. 3617. 26. The Defendants conduct described above constitutes: a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. 3601 et seq.; or b. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. 3601 et seq., which denial raises an issue of general public importance. 27. Female tenants, prospective tenants, and persons associated with them have been injured by the Defendants discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. 3602(i), and have suffered damages as a result of the Defendants conduct. 28. The Defendants conduct was intentional, willful, and/or taken in reckless disregard for the rights of others. 29. The owner Defendants listed in paragraphs 6 through 20 may own or have owned other dwellings, for which they employed Gumbaytay as their manager and agent, where conduct similar to that described in paragraph 23 may have occurred. WHEREFORE, the United States prays that the Court enter an ORDER that: 1. Declares that the Defendants discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. 3601 et seq.; 2. Enjoins the Defendants, their agents, employees, and successors, and all other persons in active concert or participation with them from: 6

a. Discriminating on account of sex against any person in any aspect of the rental of a dwelling; b. Interfering with or threatening to take any action against any person in the exercise or enjoyment of rights granted or protected by the Fair Housing Act, as amended; and c. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the Defendants past unlawful practices to the position they would have been in but for the discriminatory conduct; 3. Awards monetary damages to each identifiable victim of the Defendants discriminatory housing practices for injuries caused by the Defendants discriminatory conduct, pursuant to 42 U.S.C. 3614(d)(1)(B); and 4. Assesses civil penalties against the Defendants in order to vindicate the public interest, pursuant to 42 U.S.C. 3614(d)(1)(C). 7

require. The United States further prays for such additional relief as the interests of justice may Dated: April 26, 2010 Respectf ully submitted, ERIC H. HOLDER, JR. Attorney General /s/ Thomas E. Perez LEURA G. CANARY THOMAS E. PEREZ United States Attorney Assistant Attorney General Civil Rights Division James J. Dubois /s/ Steven H. Rosenbaum JAMES J. DUBOIS STEVEN H. ROSENBAUM Assistant United States Attorney Chief GA Bar Number: 231445 Housing and Civil Enforcement Section 131 Clayton Street Montgomery, AL 36104 Tel.: (334) 223-7280 /s/ Amber R. Standridge Fax: (334) 223-7560 MICHAEL S. MAURER Deputy Chief AMBER R. STANDRIDGE VA Bar Number: 73444 ROGER T. SEVERINO Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W.- G St. Washington, DC 20530 Tel.: (202) 514-4713 Fax: (202) 514-1116 8