Fair Housing of Marin v. Thomas et al

Filing 20

ORDER re 19 CONSENT DECREE AND FINAL ORDER PER CASE SETTLEMENT filed by Fair Housing of Marin. Signed by Judge Edward M. Chen on 3/4/11. (bpf, COURT STAFF) (Filed on 3/4/2011)

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Fair Housing of Marin v. Thomas et al Doc. 20 1 2 3 4 5 6 7 8 9 10 11 12 BRANCART & BRANCART Christopher Brancart (SBN 128475) Liza Cristol-Deman (SBN 190516) Post Office Box 686 Pescadero, C A 94060 Tel: (650) 879-0141 Fax: (650) 879-1103 cb ra n ca rt(a> b ra n ca rt. com [crlstoldemarT@brancart.com Attorneys for Plaintiff UNITED S T A T E S DISTRICT C O U R T N O R T H E R N DISTRICT OF C A L I F O R N I A FAIR HOUSING O F MARIN, a ) California not for profit corporation, j Plaintiff, v. C a s e No. C 10-04856 E M C [PROPOSED] CONSENT DECREE A N D F I N A L O R D E R P U R S U A N T TO CASE SETTLEMENT ) ) ) ) 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 This action was brought by plaintiff alleging that defendants violated the Fair Housing Act, 42 U.S.C. section 3601 et seq. and related state laws by discriminating against families with children on the basis of familial status in connection with the ownership and operation of the apartment building located at 1893 Lincoln Avenue in San Rafael, California ("the Lincoln Apartments"). Plaintiff and defendants have agreed that in order to avoid protracted and costly litigation, the controversy should be resolved without trial or adjudication on the merits, and therefore have consented to the entry of this decree and order. By entering into this consent decree and order ("order"), defendants make no admission of liability or wrongdoing in connection with the allegations and claims made by plaintiff. It is hereby ordered, adjudged, and decreed that: R O B E R T S C O T T T H O M A S , as Trustee of the T h o m a s Family Trust - E x e m p t i o n Trust, and the T h o m a s Family Trust - Survivor's Trust; and J E A N P A U L J U R D O , P R O P O S E D C O N S E N T D E C R E E A N D F I N A L O R D E R P U R S U A N T TO C A S E S E T T L E M E N T ; C A S E N O . C 10-04856 E M C 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 2. 1. MONETARY TERMS Defendant Robert Scott Thomas shall make a monetary payment in the amount of $20,000 to plaintiff in the form of a check made payable to the Attorney Client Trust Account of Brancart and Brancart, This payment shall resolve all of plaintiffs claims for damages and attorneys' fees and costs against Defendant Thomas and Defendant Jurdo. This payment shall be made no later than 7 days after entry of this order. RELEASE TERMS Plaintiff and defendants shall execute mutual waivers and releases indicating that this order constitutes a full and final settlement of any and all claims that they have related to the subject matter of this lawsuit. Those mutual waivers and releases shall include a waiver of all known and unknown claims under California Civil Code section 1542. In light Fair Housing of Marin's ongoing contractual obligations to monitor fair housing violations in Marin County, the release shall reserve Fair Housing of Marin's right to assert claims for injuries or occurrences that arise after the date that the release is signed. 3. Following the execution of the mutual waivers and releases and the receipt of the payment specified in paragraph 1, plaintiff and defendants shall stipulate to a dismissal of this action, subject to the terms of this order. EQUITABLE TERMS Defendants, their employees, and their agents shall comply with the following terms at each residential rental premises that defendant Robert Scott Thomas owns or operates: a. Defendants shall abide by all federal and state fair housing laws in connection with the operation of all residential rental properties, including revision of their numerical occupancy standard to comply with the 2+1 standard; b, Each defendants shall attend, and each defendant shall pay for attending an annual fair housing training session conducted by Fair Housing of Marin at a mutually P R O P O S E D CONSENT D E C R E E AND FINAL ORDER PURSUANT TO C A S E S E T T L E M E N T ; C A S E NO. C 10-04856 EMC 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 convenient time and location, within 60 days of the date of this order, to be attended by Mr. Thomas, Mr. Jurdo, and a representative of the property management company hired by Mr. Thomas; c. Mr. Thomas, and any agent or representative of his who has contact with tenants or prospective tenants at Mr. Thomas' residential rental properties, must attend the training at the same time as Mr. Thomas. d. Mr. Thomas, or his authorized agent, shall post a HUD or DFEH fair housing poster in a conspicuous location at each and every residential rental property that he owns or manages; e. Mr. Thomas, or his authorized agent, shall distribute a HUD or DFEH fair housing brochure to all current residents and prospective residents at each and every residential rental property that he owns or manages; f. Defendants shall cease and desist from using any language in advertisements and vacancy listings referring to household size, familial status or age, and shall include a fair housing logo or tagline such as "Fair Housing Provider" or words to that effect; g. Each defendant shall send a letter to Fair Housing of Marin once per year certifying that each defendant has complied with the terms ofthe consent decree in the previous year. DURATION AND ENFORCEMENT 5. This order shall be in effect for a period of five years from the date of entry and the court shall retain jurisdiction for the purposes of enforcement. This order will terminate at the end ofthe five-year period. 6. The parties shall attempt in good faith to work out any disputes that arise /// /// /// /// /// P R O P O S E D CONSENT D E C R E E AND FINAL ORDER PURSUANT TO C A S E S E T T L E M E N T ; C A S E NO. C 10-04856 EMC 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under the terms of this order. Only after good faith attempts have been exhausted will the parties request the assistance ofthe court in resolving such disputes. Ordered this day of , 2011. Honorable Edward M. Chen United States Magistrate Judge Approved as to content and form: BRANCART & BRANCART Liza Cristol-Deman Attorneys for Plaintiff >ERG & M I L L E R Dated: WUffam/VeisbJ C r % X Miller Attorneys for Defendants u Dated : 5 'h ' H Dated: Jean Paul Jurdo Defendant, In pro per P R O P O S E D C O N S E N T D E C R E E A N D FINAL O R D E R P U R S U A N T T O C A S E S E T T L E M E N T ; C A S E N O , C 10-04856 E M C 1 :05 4154574039 THE UPS STORE 2 6 2 3 PAGE 01 1 2 3 4 under the terms of this order. Only after good faith attempts have been exhausted will the parties request the assistance of the court in resolving such disputes, Ordered this 4thday of March , 2011. 6 7 8 Approved as to content and form: 9 BRANCART & BRANCART 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J eilXFjaul af Honorable toward M. unen United States Magistrate Judge ED DER UNIT ED 5 S S DISTRICT TE C TA RT U O ER Liza cristoi-ueman Attorneys for Plaintiff W E I S B E R G & MILLER C Dated: N OF D IS T IC T R Dated: William Weisberg Craig S , Miller Attorneys for Defendants Dated; NAfr OZ- A »» Jurdo 'N^J Defendant, In pro per PROPOSED CONSENT DECREE AND FINAL ORDER PURSUANT TO CASE SETTLEMENT; CASE NO, C 10-04856 EMC LI FO dwar Judge E d M. Ch en R NIA IT IS S O OR NO RT H

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