Case: United States v. Flanagan

1:09-cv-07338 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 23, 2009

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On November 23, 2009, the United States filed a lawsuit in the United States District Court for the Northern District of Illinois, Eastern Division under the Fair Housing Act, 42 U.S.C. §§3601 against the owner of a single-family house in Orland Park, Illinois that was made available for rent. The plaintiff claimed that the defendant refused to rent the Orland Park house to African-American tenants. The plaintiff presented the results of testing conducted by the local fair housing center that i…

On November 23, 2009, the United States filed a lawsuit in the United States District Court for the Northern District of Illinois, Eastern Division under the Fair Housing Act, 42 U.S.C. §§3601 against the owner of a single-family house in Orland Park, Illinois that was made available for rent. The plaintiff claimed that the defendant refused to rent the Orland Park house to African-American tenants.

The plaintiff presented the results of testing conducted by the local fair housing center that indicated that the defendant was willing to rent to white persons, but that when a black person or, as in this case, a mixed-race couple applied, suddenly the house was not available. The testers recorded conversations with the owner, including one in which the owner confirmed the house was available, then asked the caller if her husband was black. The owner told the tester that "blacks had been trying to break the color barrier", that they "did not belong in the neighborhood" and that "since she was white" he would offer her the house at a discount.

The individuals denied housing also filed a lawsuit and the cases were consolidated. The plaintiffs sought declaratory, injunctive, and monetary relief.

On January 19, 2011, the Court (Judge Young B. Kim) approved a consent Decree agreed to by the parties. The defendant acknowledged liability and, in addition to general prohibitions against race discrimination, agreed not to engage personally in the renting, management , or showing of any dwelling, that rather, a third party approved by the United States would perform those services.

The consent decree also required the defendant to create and distribute a non-discrimination policy, pay $30,000 in monetary relief, and pay $5,000 as a civil penalty to the United States. The order was set to last a period of five years from the date of its entry. These five years passed with no further activity, and the case is now presumably closed.

 

Summary Authors

Denise Heberle (8/2/2012)

Asma Husain (2/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12803594/parties/united-states-v-flanagan/


Judge(s)
Attorney for Plaintiff

Dougherty , Burtis M. (District of Columbia)

Fitzgerald, Patrick J. (Illinois)

Johnson, Patrick Walter (Illinois)

Attorney for Defendant

Arthur, J. Scott (Illinois)

Dwyer, Thomas E. (Illinois)

show all people

Documents in the Clearinghouse

Document

1:09-cv-07338

Docket

Jan. 19, 2011

Jan. 19, 2011

Docket
1

1:09-cv-07338

Complaint

Nov. 23, 2009

Nov. 23, 2009

Complaint
41

1:09-cv-07338

Consent Order

Jan. 19, 2011

Jan. 19, 2011

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12803594/united-states-v-flanagan/

Last updated Feb. 6, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America; Y. (Laser, Joan) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

Clearinghouse
2

CIVIL Cover Sheet (Laser, Joan) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
3

DESIGNATION of Joan Cagen Laser as U.S. Attorney for Plaintiff United States of America (Laser, Joan) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Maria Valdez. (nsf, )

Nov. 23, 2009

Nov. 23, 2009

PACER
4

SUMMONS Issued as to Defendant Terence Flanagan. (kj, ) (Entered: 11/25/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
5

ALIAS Summons Issued as to Terence Flanagan. (kj, ) (Entered: 12/04/2009)

Dec. 4, 2009

Dec. 4, 2009

PACER
6

SUMMONS Returned Executed by United States of America as to Terence Flanagan on 12/9/2009, answer due 12/30/2009. (kj, ) Modified on 12/15/2009 (kj, ). (Entered: 12/15/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
7

ATTORNEY Appearance for Defendant Terence Flanagan by Thomas F. Dwyer. (kj, ) (Entered: 12/31/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
8

ANSWER to Complaint and affirmative defense by Terence Flanagan. Notice.(kj, ) (Entered: 12/31/2009)

Dec. 30, 2009

Dec. 30, 2009

PACER
9

MINUTE entry before Honorable Joan H. Lefkow: Status hearing set for 1/12/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
10

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Plaintiff United States of America (Johnson, Patrick) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
11

ATTORNEY Appearance for Plaintiff United States of America by Burtis M Dougherty (Dougherty, Burtis) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
12

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 1/12/2010 and continued to 2/16/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
13

MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 2/16/2010. Scheduling Conference set for 2/23/2010 at 09:30 AM.Mailed notice (mad, ) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
14

MOTION by Plaintiff United States of America to reassign case based on relatedness (Attachments: # 1 Exhibit A-B)(Johnson, Patrick) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
15

NOTICE of Motion by Patrick Walter Johnson for presentment of motion to reassign case 14 before Honorable Joan H. Lefkow on 2/23/2010 at 09:30 AM. (Johnson, Patrick) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
16

MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held on 2/23/2010. Motion of the United States to reassign case based on relatedness 14 taken under advisement; ruling will issue by mail. Mailed notice (mad, ) (Entered: 02/24/2010)

Feb. 23, 2010

Feb. 23, 2010

PACER
17

MINUTE entry before Honorable Joan H. Lefkow:Enter Order. The Court makes a finding of relatedness between Case No. 09 C 5201 and Case No. 09 C 7338. The motion of the plaintiff to reassign this case to the calendar of Magistrate Judge Maria Valdez 14 is continued to April 15, 2009 at 8:30 a.m.Mailed notice (mad, ) (Entered: 03/08/2010)

March 8, 2010

March 8, 2010

PACER
18

ORDER Signed by the Honorable Joan H. Lefkow on 3/8/2010:Mailed notice(mad, ) (Entered: 03/08/2010)

March 8, 2010

March 8, 2010

PACER
19

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Maria Valdez for preparation of pretrial materials. Signed by Executive Committee on 3/9/2010.(kj, ) (Entered: 03/11/2010)

March 9, 2010

March 9, 2010

PACER
20

MINUTE entry before Honorable Joan H. Lefkow:Plaintiff's motion to reassign case 14 is granted. Hearing date of 4/15/2010 is stricken. Mailed notice (mad, ) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
21

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Maria Valdez for all further proceedings: It appearing that 09 C 7338, United States v. Flanagan, currently pending before the Hon. Joan H. Lefkow, presents circumstances in which Judge Lefkow has found in an order dated March 8, 2010 that the parties have consented to the reassignment of this case to Magistrate Judge Maria Valdez, the designated magistrate judge in this case, therefore The Clerk of Court is directed to reassign 09 C 7338, United States v. Flanagan, to Magistrate Judge Maria Valdez. Signed by Honorable Robert M. Dow, Jr on 4/19/2010. (kj, ) (Entered: 04/21/2010)

April 19, 2010

April 19, 2010

PACER
22

MINUTE entry before Honorable Maria Valdez: On Court's own motion, Status hearing set for 4/29/2010 at 09:30 AM.Mailed notice (yp, ) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
23

MINUTE entry before Honorable Maria Valdez: Magistrate Judge Status hearing held on 4/29/2010 and continued to 6/15/2010 at 09:30 AM. Parties will be filing a motion for consolidation shortly. Mailed notice (yp, ) (Entered: 04/30/2010)

April 29, 2010

April 29, 2010

PACER
25

EXECUTIVE COMMITTEE ORDER: It appearing that Young B. Kim has been appointed as a United States Magistrate Judge for the Northern District of Illinois, and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly-appointed magistrate judge; therefore IT is hereby ordered that the attached list of civil consent cases and civil referrals be and they are hereby reassigned to form the initial calendar of the Honorable Young B. Kim. Case reassigned to the Honorable Young B. Kim for all further proceedings. Signed by Executive Committee on 5/7/10. Mailed notice(td, ) (Entered: 05/10/2010)

May 7, 2010

May 7, 2010

PACER
24

MINUTE entry before Honorable Maria Valdez: Pursuant to Order of the Executive Committee dated 5/7/10, status hearing set for 6/15/10 before Judge Valdez is hereby stricken. Parties will be advised of the next status by electronic notice. Mailed notice (yp, ) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
26

MINUTE entry before Honorable Young B. Kim: This matter having been reassigned to Magistrate Judge Young B. Kim, an initial status conference will be held on June 7, 2010 at 11:00 a.m. in Courtroom 1944D. Mailed notice (aac, ) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
27

MINUTE entry before Honorable Young B. Kim: Status hearing held and continued to July 19, 2010, at 11:00 a.m. Parties are still engaged in written discovery. Depositions are scheduled to begin upon completion of written discovery. Mailed notice (aac, ) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
28

MOTION by Defendant Terence Flanagan to substitute attorney (Attachments: # 1 Notice of Filing, # 2 Text of Proposed Order, # 3 Certificate of Service)(Dwyer, Thomas) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER
29

MINUTE entry before Honorable Young B. Kim: Defendant's motion for substitution of attorney 28 is granted. Attorney Thomas F. Dwyer is withdrawn from this case and replaced by attorney J. Scott Arthur. Mailed notice (aac, ) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

PACER
30

ATTORNEY APPEARANCE by J. Scott Arthur as attorney for Defendant Terence Flanagan (Attachments: # 1 Certificate of Service)(Arthur, J.) Modified on 7/19/2010 (kj, ). (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
31

NOTICE of Correction regarding 30 . (kj, ) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
32

MINUTE entry before Honorable Young B. Kim: Status hearing held and continued to August 16, 2010, at 11:00 a.m. Written discovery is completed. Parties report that they would like to explore settlement options before undertaking additional discovery. At the next status hearing, parties are to report on the status of settlement discussions and the need, if any, for additional discovery. The court will set a deadline for discovery at the next status hearing if necessary. Mailed notice (aac, ) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
33

MINUTE entry before Honorable Young B. Kim: Status hearing held. Plaintiff's two fact depositions to be completed by September 30, 2010. An in-person settlement conference will be held in this case on November 10, 2010, at 2:00 p.m. in Courtroom 1944D. The parties are ordered to review and follow the court's standing order on "Settlement Conferences" on its webpage. The government must provide a written settlement position to defendant by October 20, 2010. If appropriate, the government and the plaintiffs in 09 cv 5201 may provide a joint settlement position to defendant. Defendant to respond in writing by November 3, 2010. The government must hand-deliver or fax (312) 554-8051 a copy of all the letters the parties exchanged to the court by November 5, 2010. These settlement position letters are not to be filed with the Clerk's Office. Mailed notice (aac, ) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
34

MINUTE entry before Honorable Young B. Kim: Parties reported to the court by phone that they are preparing for the in-court settlement conference. Defendant asked to have the settlement conference rescheduled in order to ensure the best possible outcome at the conference. Defendant's oral motion is granted and the in-person settlement conference scheduled for November 10, 2010, is rescheduled for November 15, 2010, at 1:00 p.m. in courtroom 1944D. Defendant is ordered to respond in writing to Plaintiff's settlement position, with a courtesy copy to the court by hand-delivery or by fax, by November 10, 2010. These settlement position letters are not be filed with the Clerk's Office. Mailed notice (aac, ) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
35

MINUTE entry before Honorable Young B. Kim: Because of a previously scheduled criminal matter, the settlement conference scheduled for November 15, 2010, at 1:00 p.m. is rescheduled for November 15, 2010, at 1:30 p.m. in courtroom 1944D. Mailed notice (aac, ) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
36

MINUTE entry before Honorable Young B. Kim: In-person settlement conference held and the parties reached an agreement in principle. A telephone status hearing will be held on November 22, 2010, at 1:00 p.m. to discuss the specific terms of the agreement. The government is ordered to either initiate the conference call for the scheduled telephonic status hearing or establish a conference call-bridge and provide the court with the necessary call-in information. Mailed notice (aac, ) (Entered: 11/16/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
37

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (kj, ) (Entered: 11/18/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
38

MINUTE entry before Honorable Young B. Kim: Status hearing held by phone. Defendant did not appear. Plaintiff reported to the court that the parties are working to finalize the terms of the consent order. The government, with or without the other parties, is ordered to provide a telephonic status report on November 24, 2010. Mailed notice (aac, ) (Entered: 11/23/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
39

MINUTE entry before Honorable Young B. Kim: The parties appeared for an in-court settlement conference on November 15, 2010, and reached an agreement to settle this matter. However, the Government reported by phone on November 24, 2010, that the parties are experiencing complications agreeing to the exact language of the consent order to be entered in this case. Given that the parties may not be able to resolve this matter and that the case may have to be litigated, the parties are advised that all discovery must be completed by no later than February 11, 2011. The fact that the parties may be in negotiation over the terms of the consent order will not constitute good cause for extending this deadline. The parties have had ample time already to agree on the specific language of the consent order. Plaintiff is ordered to file a joint status report by February 15, 2011, whether the parties plan on filing a dispositive motion. Mailed notice (aac, ) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
40

MINUTE entry before Honorable Young B. Kim: Parties have reached a settlement in this case and have agreed to the entry of a consent order. Pursuant to the parties' agreement, proposed consent order is entered. Enter Consent Order. Civil case terminated. [ For further detail see separate order(s).] Mailed notice (aac, ) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER
41

CONSENT Order. Signed by the Honorable Young B. Kim on 1/19/2011. (aac, ) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 23, 2009

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

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

Terrance Flanagan (Orland Park), Private Entity/Person

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: 35,000

Order Duration: 2011 - 2016

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black