Case: United States v. Nieman

6:10-cv-02068 | U.S. District Court for the Northern District of Iowa

Filed Date: Nov. 10, 2010

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On November 10, 2010, the United States brought a lawsuit under the Fair Housing Act, 42 U.S.C. §3601-3631, in the United States District Court for the Northern District of Iowa, against the manager/supervisor and owners of an apartment complex. The Plaintiff sued on behalf of two female residents of the apartment complex, claiming that the manager/maintenance supervisor subjected female tenants to discrimination on the basis of sex, including unwelcome sexual harassment. The Plaintiff sought …

On November 10, 2010, the United States brought a lawsuit under the Fair Housing Act, 42 U.S.C. §3601-3631, in the United States District Court for the Northern District of Iowa, against the manager/supervisor and owners of an apartment complex. The Plaintiff sued on behalf of two female residents of the apartment complex, claiming that the manager/maintenance supervisor subjected female tenants to discrimination on the basis of sex, including unwelcome sexual harassment. The Plaintiff sought injunctive, declaratory, monetary damages, and civil penalties.

Specifically, Plaintiff claims the Defendants made housing unavailable to female tenants because its manager engaged in a pattern and practice of offering quid pro quo agreements to provide services in exchange for sex, pervasive unwanted sexual advances, comments, and gestures, and other forms of sexual harassment, all of which interfered with the women's use and enjoyment of their tenancies.

On September 22, 2011, the Court (Judge Linda R. Reade) approved a five-year Consent Decree agreed to by the parties. By that time, none of the Defendants was engaged in the residential rental business. The Consent Decree required that should the owners ever re-enter the business, they were prohibited in general from discriminating against tenants on the basis of sex and specifically required to adopt and distribute a Nondiscrimination Policy to be approved by the Justice Department, to train its employees in the policy, to develop a complaint procedure an retain all document pertaining to any complaints. The manager/maintenance supervisor was forever prohibited from having any involvement whatsoever in the management, rental, or maintenance of any dwelling. Defendants agreed to pay $80,000 in compensatory damages to aggrieved persons identified by Plaintiff and $15,000 in civil penalties.

The consent decree terminated in September 2016, and the case is now closed.

Summary Authors

Stacey McClurkin (12/24/2011)

Clearinghouse (12/1/2018)

People


Judge(s)

Reade, Linda R. (Iowa)

Attorney for Plaintiff

Bond, Rebecca B. (District of Columbia)

Melody, Colleen (District of Columbia)

Rose, Stephanie Marie (Iowa)

Attorney for Defendant

Smith, Lynn M. (Iowa)

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Documents in the Clearinghouse

Document

6:10-cv-02068

Docket

Sept. 23, 2011

Sept. 23, 2011

Docket
1

6:10-cv-02068

Complaint

Nov. 10, 2010

Nov. 10, 2010

Complaint
16

6:10-cv-02068

Consent Order

Sept. 22, 2011

Sept. 22, 2011

Settlement Agreement

Docket

Last updated Jan. 24, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by United States of America. Scheduling Report Deadline 3/23/2011 (Attachments: # 1 Civil Cover Sheet) (Wright, Stephanie) Modified on 11/10/2010 to change text as to deadline (djs). (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

Chief Judge Linda R Reade and Magistrate Judge Jon S Scoles added. Clerk checked for conflicts as to parties and attorneys−none found. (djs) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

2

Summons Issued as to All Defendants. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: # 1 New Civil Case Packet) (djs) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

3

WAIVER OF SERVICE Returned Executed by United States of America. Michael Nieman waiver sent on 11/18/2010, answer due 1/17/2011. (Melody, Colleen) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

4

WAIVER OF SERVICE Returned Executed by United States of America. JS Property Management, LC waiver sent on 11/18/2010, answer due 1/17/2011. (Melody, Colleen) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

5

WAIVER OF SERVICE Returned Executed by United States of America. Elders, Inc waiver sent on 11/18/2010, answer due 1/17/2011. (Melody, Colleen) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

Set Deadline: Defendant JS Property Management LC LR 7.1 Disclosure Statement due by 1/1/2011 pursuant to 4 Waiver of Service. (djs) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

Set Deadlines: Defendant Elders, Inc. LR 7.1 Disclosure Statement due by 1/1/2011 pursuant to 5 Waiver of Service. (djs) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

6

ANSWER to Complaint and Affirmative Defenses by Elders, Inc, JS Property Management, LC, Michael Nieman.(Smith, Lynn) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

7

PURSUANT to Local Rule 7.1 Disclosure Statement by Elders, Inc (Smith, Lynn) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

8

PURSUANT to Local Rule 7.1 Disclosure Statement by JS Property Management, LC (Smith, Lynn) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

10

TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Motions in limine 14 days before FPTC. Bench Trial set for 4/16/2012 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Final Pretrial Conference set for 3/15/2012 04:00 PM in 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Proposed Pretrial Order due by 3/10/2012. Signed by Chief Judge Linda R Reade on 03/08/2011. (skm) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

11

MOTION for Protective Order by Plaintiff United States of America (Attachments: # 1 Brief in Support of Unopposed Motion for Entry of Confidentiality Agreement and Protective Order, # 2 Text of Proposed Order) (Melody, Colleen) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

12

ORDER granting 11 Motion for Protective Order (see text of Order for details). Signed by Magistrate Judge Jon S Scoles on 03/16/2011. (skm) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

13

UNRESISTED Motion for Amendment of Scheduling Order and Discovery Plan by Plaintiff United States of America (Attachments: # 1 Text of Proposed Order) (Melody, Colleen) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

14

ORDER denying 13 Joint Motion to Amend the Scheduling Order and Discovery Plan. Signed by Magistrate Judge Jon S Scoles on 05/18/2011. (skm) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

15

UNRESISTED Motion for Entry of Proposed Consent Order by Plaintiff United States of America (Attachments: # 1 Consent Decree Proposed Consent Order) (Melody, Colleen) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

16

CONSENT Order. Signed by Chief Judge Linda R Reade on 9/22/11. (ksy) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

17

ORDER re 16 Consent Decree: The parties agree that the Consent Order shall remain in effect for five (5) years after the date of its entry. The court shall retain jurisdiction for the duration of this Consent Order to enforce its terms, after which time the case shall be dismissed with prejudice. The Clerk of Court is directed to close this case subject to being reopened for any Consent Order violations. Signed by Chief Judge Linda R Reade on 9/23/11. (ksy) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

Set Deadlines: Pursuant to 16 Consent Order and 17 Order: This case shall be dismissed with prejudice five (5) years after the filing of 16 Consent Order. Check Status Deadline due by 9/22/2016. (ksy) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

Case Details

State / Territory: Iowa

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 10, 2010

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

Michael Nieman (Waterloo), Private Entity/Person

J.S. Property Management, L.C. (Waterloo), Private Entity/Person

Elders, Inc. (Waterloo), 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: 95,000

Order Duration: 2011 - 2016

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female