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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.

  1. INJUNCTION

  1. KEVIN LAYNE HINDS agrees to not knowingly commit any of the following acts which would violate the Fair Housing Act:

    1. 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;

    2. 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.

    3. 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.

  2. 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.

  3. 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,

  1. MONETARY CONSIDERATION

In exchange and in consideration for a full and final settlement of this matter:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  1. 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.

  1. TIME FOR PERFORMANCE

Any time limits for performance imposed by this Consent Order may be extended by mutual written agreement by all parties.

  1. DISMISSAL

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.

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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