IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States of America,
Plaintiff,
v.
CIVIL ACTION NO. 3:99-CV-0495-R
Prestonwood Properties, Inc.;
Stillmeadow Property
Management, Inc.;
Kevin Lane Hinds, also
known as Kevin Layne:
Hinds, individually and in his
capacity as officer of
Stillmeadow;
Ronald D. Hinds, individually
and in his capacity as officer
of Prestonwood;
Leslie Hinds, individually and
in his capacity as officer of
Prestonwood,
Defendants.
______________________________
AGREED CONSENT ORDER
This action was filed by the UNITED STATES OF AMERICA on March 8,
1999 against Defendants to enforce 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. §§ 3601-3619. In its Complaint, the United States alleges that Defendants
engaged in a Patter or practice of housing discrimination at
Manor House in violation of the Fair Housing Act. Defendants deny
all of Plaintiff's claims and expressly deny that they have
engaged in discriminatory conduct in violation of the Fair
Housing Act.
The parties have agreed that in order to avoid protracted and
costly litigation, and without admitting or implying any
liability whatsoever, which liability is denied, the controversy
should be resolved without further litigation. Therefore, without
a trial or adjudication of any of the facts alleged by the UNITED
STATES, the parties agree to the entry of this Consent Order.
- KEVIN LAYNE HINDS agrees to not knowingly commit any of the
following acts which would violate the Fair Housing Act:
- Making any unwelcome sexual advances, making requests
for sexual favors or, making requests for conduct of a
sexual nature when submission to such requests is made
explicitly or implicitly a term or condition of an
individual's housing; or when submission to or
rejection of such conduct by an individual forms the
basis for any housing decision affecting the
individual;
- Making any unwelcome sexual advances or requests for
sexual favors, or conduct of a sexual nature when such
conduct has the purpose or effect of substantially
interfering with an individual's housing rights or
creating an intimidating, hostile or offensive housing
environment.
- KEVIN LAYNE HINDS and his agents and employees agree
not knowingly take any affirmative action to coerce,
intimidate, or threaten any alleged person connected to
this case or the minor child of any alleged aggrieved
person in this case.
- KEVIN LAYNE HINDS represents that he does not currently have
a direct or indirect ownership or management interest in any
residential rental property and agrees to maintain that
status for a four-year period commencing from the entry date
of this Order. This provision shall not limit KEVIN LAYNE
HINDS' right to act as a broker or agent in the buying or
selling of real property.
- KEVIN LAYNE HINDS and his agents or employees agree not to
knowingly contact, cause to contact, or attempt to contact,
directly or indirectly, any alleged aggrieved person in this
case or the minor child of any alleged aggrieved person,
In exchange and in consideration for a full and final settlement of this matter:
- Within thirty (30) days of the entry of this Order,
Defendants shall forward to counsel for the United States
the sum of One Hundred Fifty Thousand dollars ($150,000.00)
in the form of a cashier's check made payable to the United
States Department of Justice for the purpose of
consideration in settlement of the claims of the alleged
aggrieved persons identified by the United States as having
been subject to Defendants, alleged discriminatory housing
practices. Defendants, liability for compensation to all
persons allegedly aggrieved by Defendants' actions alleged
in the complaint shall be limited to One Hundred Fifty
Thousand dollars ($150,000.00), and the United States will
not seek additional damages for any allegedly aggrieved
person, known or unknown, for any claim concerning housing
discrimination which was asserted or could have been
asserted in this cause of action.
- Within sixty (60) days of the entry of this Consent Order,
the United States shall make a determination of damages for
each alleged aggrieved persons whom it has identified and
distribute compensation to those alleged aggrieved persons;
provided that, no person shall be paid any amount pursuant
to this Section until execution of a written release
extinguishing all claims, legal or equitable, which he or
she might have against Defendants relating to the claims
asserted in this lawsuit. The Release to be used is appended
as Attachment A. The decision of the United States shall be
final. Counsel for the United States shall send the original
Releases to the law firm of Ayers & Ayers.
- The portions of such funds distributed to the alleged
aggrieved persons are compensation for alleged emotional
distress and other injuries. Each person, prior to receipt
of any funds under this order shall sign a Release, which
sets forth conditions, if any, for use of the funds.
- Should any alleged aggrieved person fail to execute a
Release within ninety (90) days of the receipt of the funds
by the United States, said money allocated to that person
shall be returned to Leslie Hinds within thirty days. No
funds will be dispersed to any alleged aggrieved person
until that person has executed a Release.
- REMEDIES FOR NONPERFORMANCE
The parties to this Consent Order agree to endeavor in good faith
to resolve informally any differences regarding interpretation of
and compliance with this Order prior to bringing such matters to
the Court for resolution.
Any time limits for performance imposed by this Consent Order may
be extended by mutual written agreement by all parties.
Upon entry of this Consent Order, this case shall be
automatically dismissed with prejudice to the refiling of any
action by the UNITED STATES OF AMERICA or UNITED STATES against
KEVIN LAYNE HINDS and/or Stillmeadow Property Management, Inc.
concerning any claim of housing discrimination which was asserted
or could have been asserted in this cause of action.
ORDERED this __[14]__ day of ___[Sept.]__ 2000.
JERRY BUCHMEYER
UNITED STATES DISTRICT JUDGE
The undersigned agree to the entry of this Consent Order:
Janet Reno,
Attorney General
Bill Lann Lee
Acting Assistant Attorney General
Joan A. Magagna, Chief
Clay G. Guthridge
DC Bar No. 940106
Elizabeth Tuci
Md Bad No. 221400388
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, DC 20035
202/353-9707
202/514-1116 (Facsimile)
ATTORNEY FOR PLAINTIFFS
Paul Coggins
United States Attorney
Northern District of Texas
KEVIN LAYNE HINDS
Without Counsel
c/o P.O. Box 851864
Richardson, Texas 75085
214/346-2187
WILLIAM J. CORNELIUS
Bar No. 0834700
WILSON, SHEEHY, KNOWLES, ROBERTSON & CORNELIUS
P.O. Box 7339
Tyler, Texas 75711
903/593-2561
903/593-0686 (facsimile)
Attorney for STILLMEADOW PROPERTY MANAGEMENT, INC.