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Caldwell v. City of Hickory Public Housing Authority

United States District Court, W.D. North Carolina, Statesville Division

April 17, 2017

TEMESHA CALDWELL, ALYSSA GOSS, JESSE HUFFMAN, SHAVOUGHNTE HUNT, and LATRENDA PHILLIPS, Plaintiffs,
v.
CITY OF HICKORY PUBLIC HOUSING AUTHORITY, UNIFOUR CAPITAL VENTURES, INC., and MONTELE BURTON, Defendants.

          CONSENT DECREE

          David C. Keesler United States Magistrate Judge

         I. INTRODUCTION

         1. On May 3, 2016, the Plaintiffs filed an action in federal court, alleging violations of the federal Fair Housing Act (“FHA”) and state law causes of action.

         2. Defendants have each denied, and continue to deny, the allegations made by the Plaintiffs against them, and further deny that any violation of the FHA has occurred and that they are liable for such alleged violations. This Consent Decree, including payment of money for the Settlement Fund, shall not be construed as an admission or stipulation by any Defendant that they engaged in the improper acts or conduct alleged by Plaintiffs, or a finding of fact by the Court, as to the veracity and validity of the allegations or claims made against them in the lawsuit filed by the Plaintiffs.

         3. By way of the Joint Motion for Entry of this Consent Decree, the parties, through counsel, hereby consent to the entry of this Consent Decree.

         ACCORDINGLY, IT IS HEREBY ADJUDGED, ORDERED AND DECREED:

         II. SCOPE OF THE CONSENT DECREE

         4. The provisions of this Consent Decree shall apply to all Defendants and their officers, agents, employees, successors, and assigns.

         5. This Consent Decree is effective immediately upon its entry by the Court. For purposes of this Consent Decree, the phrases “date of the Consent Decree” and “effective date” shall refer to the date on which the Court enters the Consent Decree.

         III. INJUNCTION CONCERNING DEFENDANTS HHA AND UNIFOUR

         6. Defendants HHA and Unifour shall rescind in writing the January 17, 2017 “Notice of Eviction” issued to Plaintiff Jesse Huffman as the alleged housing violation that led to such notice has been remedied.

         7. Defendants HHA and Unifour shall deem indefinitely that Defendant Burton is “ineligible for rehire” and shall include such designation in Burton's personnel file immediately upon the effective date of this Consent Decree.

         8. Defendants HHA and Unifour shall state that Defendant Burton is “ineligible for rehire” upon any job reference or referral inquiry it may receive regarding Burton.

         IV. INJUNCTION ...


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