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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JAIME TRUJILLO, a minor,
by and through his parents and next friends,
Claudio and Luz Trujillo, CLAUDIO
TRUJILLO, and LUZ TRUJILLO,

Plaintiffs,

BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,

Defendants, and

UNITED STATES OF AMERICA,

Plaintiff-Intervenor,

v.

No. 04-1933
Judge Hibbler
Magistrate Judge Bobrick

BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,

Defendants.

UNITED STATES' MOTION TO INTERVENE

Pursuant to Federal Rule of Civil Procedure 24, the United States hereby moves this Court to grant its Motion to Intervene in the above-captioned case.

As grounds therefore, the United States asserts as follows:

  1. This motion is timely filed. The United States acted diligently in learning of this suit and acted promptly upon learning of it. The Trujillos' complaint was filed on March 15, 2004, and the Department learned of the complaint shortly thereafter. The Department notified the Defendants on April 12, 2004, that it was authorized to file this suit and began presuit negotiations with Defendants. This Motion is being filed in advance of the settlement conference scheduled for May 21, 2004, and the United States intends to participate in that conference.
  2. The granting of this Motion to Intervene will not prejudice the rights of the existing parties to this lawsuit. The United States has been in contact with both existing parties and neither party objects to the United States' intervention. The United States is prepared to participate in the upcoming settlement conference.
  3. The denial of this Motion to Intervene may prejudice the interests of the United States. The original suit and the United States' Complaint in Intervention arise out of the same set of facts and occurrences, and granting this Motion will allow the United States to coordinate its litigation and discovery with the Trujillos.
  4. There are no unusual circumstances recommending denial of this Motion.
  5. Federal Rule of Civil Procedure 24(a)(1) provides for intervention as of right when a statute of the United States confers an unconditional right to intervene.
  6. Section 813(e) of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 ("Fair Housing Act"), 42 U.S.C. §§ 3601 et seq., states that the Attorney General "may intervene" when the Attorney General "certifies that the case is of general public importance." 42 U.S.C. § 3613(e).
  7. The Attorney General of the United States, through the Assistant Attorney General for Civil Rights, has certified that the case is of general public importance by signing the attached complaint.

Support for the United States' intervention is found in the memorandum of facts and law attached hereto. The United States' Complaint in Intervention is tendered for filing with this motion.

The United States respectfully requests that its motion be granted pursuant to Rule 24 of the Federal Rules of Civil Procedure and that the Court deem the United States' Complaint in Intervention to be filed as of the date the Court rules on this motion.

WHEREFORE, the United States requests that the Court grant its Motion to Intervene.

Respectfully submitted,


PATRICK J. FITZGERALD
United States Attorney
R. ALEXANDER ACOSTA
Assistant Attorney General


________________________
By: JOAN LASER
Assistant U.S. Attorney
219 S. Dearborn St.
Suite 5000
Chicago, IL 60604
Tel: (312) 353-5300

STEVEN H. ROSENBAUM
Chief
TIMOTHY J. MORAN
Deputy Chief
RIGEL C. OLIVERI
Trial Attorney
New York State Bar No. 560115
Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue,
N.W.Northwestern Building
7th Floor
Washington, DC 20530
Tel: (202) 305-3109
Fax: (202) 514-1116


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JAIME TRUJILLO, a minor,
by and through his parents and next friends,
Claudio and Luz Trujillo, CLAUDIO
TRUJILLO, and LUZ TRUJILLO,

Plaintiffs,

No. 04-1933
Judge Hibbler
Magistrate Judge Bobrick

BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,

Defendants, and

UNITED STATES OF AMERICA,

Plaintiff-Intervenor,

v.

BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,

Defendants.

ORDER

Having considered the United States of America's Motion to Intervene, the opposition thereto, if any, and arguments of counsel, if any,

THE COURT HEREBY ORDERS THAT the United States of America's Motion to Intervene be, and it hereby is, GRANTED, and the United States' Complaint in Intervention be, and it hereby is, deemed to be FILED as of this date.

SO ORDERED AND ADJUDGED, this ____ day of__________ , 2004.

______________________________
WILLIAM J. HIBBLER
United States District Judge

Prepared by Plaintiff-Intervenor
Copies to Counsel of Record


Document Entered: May 13, 2004
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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