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UNITED STATES OF AMERICA,
Plaintiff,
and
ELIE BITTON and SILVIA BITTON,
for themselves and as next friends of
ALBERT BITTON and ELIZABETH
BITTON,
Plaintiffs-Intervenors,
v.
PETER ALTMAYER,
Defendant. |
No. 05 C 1239
Magistrate Judge Schenkier |
CONSENT ORDER
The United States initiated case No. 05 C 1239 against the defendant on March 2, 2005, on
behalf of Elie Bitton, Silvia Bitton, and their two minor children, pursuant to section 812(o) of the Fair
Housing Act, as amended, 42 U.S.C. § 3612(o). Elie Bitton, Sylvia Bitton, and their then minor
children, Albert and Elizabeth Bitton, intervened in this action on March 24, 2005. The complaint
alleges that the defendant discriminated against the Bittons on the basis of their religion (Jewish) and
national origin (Elie Bitton is from Israel and Silvia Bitton is from Mexico), by harassing them, in
violation of the Fair Housing Act, 42 U.S.C. § 3617.
The Parties have agreed to the entry of this Consent Order to resolve all claims of the United
States and the plaintiffs-intervenors against the defendant and to avoid further expenses and the
uncertainties of litigation. By entering into this Consent Order, the defendant does not admit to any
violation of the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.
I. GENERAL INJUNCTION
Defendant is enjoined from discriminating on the basis of religion or national origin, as
prohibited by the Fair Housing Act, 42 U.S.C. § 3617. Defendant is further enjoined from taking any
action to coerce, intimidate, threaten or interfere with one or more members of the Bitton family in
their exercise or enjoyment of, or on account of their having exercised or enjoyed, rights granted or
protected by the Fair Housing Act, in violation of 42 U.S.C. § 3617.
II. MANDATORY EDUCATION AND TRAINING
Within 120 days of the date of entry of this Order, defendant shall undergo training on the
provisions of the Fair Housing Act pertaining to discrimination on the basis of religion and national
origin. The training shall be conducted by a qualified third party unconnected to defendant or his
employees, agents, or counsel. Defendant shall provide to the United States and the plaintiffs-intervenors, within 30 days after the training, the name(s), address(es) and telephone number(s) of the
trainer(s) and certifications executed by the trainers confirming his attendance.
III. COMPENSATION OF AGGRIEVED PERSONS
The defendant shall pay to Silvia, Elie, Albert and Elizabeth Bitton the sum of fifteen thousand
dollars ($15,000) as aggrieved persons within the meaning of the Fair Housing Act, provided that no
amount shall be paid pursuant to this paragraph before Silvia and Elie Bitton have executed a written
release (in the form of Attachment A) and Albert Bitton has executed a written release (in the form of
Attachment B) of all claims, legal or equitable, that they might have against the defendant relating to
the claims asserted in this lawsuit. The defendant shall send a check for this amount to counsel for
plaintiffs-intervenors (1) within 30 days after the date of entry of this Order.
IV. COURT JURISDICTION, SCOPE AND TERM OF CONSENT ORDER
A. The Parties have consented to the entry of this Order as indicated by the signatures below.
To this end, the Parties stipulate and the Court finds that this Court has subject matter jurisdiction over
this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o). This Consent Order is
effective immediately upon its entry by the Court.
B. The Court shall retain jurisdiction over this action and over the defendant for five years
from the date of entry of this Consent Order to enforce the terms of the Order, after which time the case
shall be dismissed with prejudice. The United States and/or the plaintiffs-intervenors may move the
Court to extend the duration of the Order if they determine that the defendant has violated one or more
terms of the Order or if the interests of justice otherwise require.
C. The parties to this Consent Order shall 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. However, in the event of a failure by the defendant to perform in a timely
manner any act required by this Consent Order or otherwise to act in accordance with any provision thereof, the United States or plaintiffs-intervenors may move this Court to impose any remedy
authorized by law or equity.
So ORDERED this ______ day of _______________, 2005.
_____________________________________________
UNITED STATES MAGISTRATE JUDGE
The undersigned hereby apply for and consent to the entry of this Order:
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For the Defendant,
PETER L. ALTMAYER
_____________________________
MICHAEL J. PETRO, Esq.
53 West Jackson Boulevard, Suite 324
Chicago, Illinois 60604
(312) 913-1111 |
For the Plaintiff,
UNITED STATES OF AMERICA
__________________________________
PATRICK J. FITZGERALD
United States Attorney
____________________________
By: JOAN LASER
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 353-1857
For the Plaintiffs-Intervenors,
SILVIA, ELIE, ALBERT AND ELIZABETH BITTON
_____________________________
JONATHAN K. BAUM
DANIEL J. POLATSEK
GAIL KIM
KATTEN MUCHIN ROSENMAN
525 W. Monroe Street, Suite 1900
Chicago, IL 60661
(312) 902-5200
LAURIE A. WARDELL
ELYSSA BALINGIT WINSLOW
CHICAGO LAWYERS' COMMITTEE
FOR CIVIL RIGHTS UNDER LAW, INC.
100 N. LaSalle St., Suite 600
Chicago, IL 60602
(312) 630-9744 |
ATTACHMENT A
Release
In consideration of the Consent Order entered in United States v. Peter Altmayer, No. 05 C1239, and of the payment of the sum of fifteen thousand dollars ($15,000.00), pursuant thereto, I, ___________________________
, for myself and as next friend of Elizabeth Bitton, hereby release
the defendant named in this action from any and all liability for any claims, legal or equitable, I may
have against him arising out of the issues alleged in the action as of the date of the entry of the Consent
Order. I fully acknowledge and agree that this release of the defendant shall be binding on my heirs,
representatives, executors, successors, administrators, and assigns. I hereby acknowledge that I have
read and understand this release and have executed it voluntarily and with full knowledge of its legal
consequences.
_______________________________
(Signature)
____________________
(Date)
ATTACHMENT B
Release
In consideration of the Consent Order entered in United States v. Peter Altmayer, No. 05 C 1239, and of the payment of the sum of fifteen thousand dollars ($15,000.00), pursuant thereto, I,
Albert Bitton, hereby release the defendant named in this action from any and all liability for any
claims, legal or equitable, I may have against him arising out of the issues alleged in the action as of
the date of the entry of the Consent Order. I fully acknowledge and agree that this release of the
defendant shall be binding on my heirs, representatives, executors, successors, administrators, and
assigns. I hereby acknowledge that I have read and understand this release and have executed it
voluntarily and with full knowledge of its legal consequences.
_____________________________
(Signature)
____________
(Date)
1. For purposes of this Consent Decree, counsel for plaintiffs-intervenors are Jonathan K.
Baum and Daniel J. Polatsek, Katten Muchin Rosenman, 525 West Monroe Street, Suite 1900,
Chicago, Illinois 60661.
Document Entered: January 18, 2006
